Is it Proper to Depose Opposing Counsel?

A party is forbidden from deposing opposing counsel, except when the party seeking the deposition proves that (1) no other means exist to obtain the information than to depose opposing counsel; (2) the information sought is relevant and nonprivileged; and (3) the information is crucial to the preparation of the case.  Shelton v. Am. Motors Corp., 805 F.2d 1323, 1327 (8th Cir. 1986). See also AWGI, L.L.C. V. Atlas Trucking Co., L.L.C., 2019 U.S.Dist. Lexis 222203 (E.D. Mich. Dec. 30 2019) (Defense precluded from calling Plaintiff’s counsel to testify at trial as a witness and applying the Shelton test in making the “necessity” determination).