california attorney what to do about contentious attorney deposition

In the event of improper deposition conduct, an attorney taking or defending a deposition has some recourse. First, the attorney can file a motion with the court, asking the court to issue sanctions for the misbehaving attorney.

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Do you have to prepare your client for a deposition?

Depositions in California are the topic of this article. Depositions in California are authorized by Code of Civil Procedure section 2025.010 which states in pertinent part that, “Any party may obtain discovery … by taking in California the oral deposition of any person, including any party to the action. The person deposed may be a natural person, an organization such as a public or …

What are the rules for deposition in California?

Civility toolbox. The Attorney Guidelines of Civility and Professionalism provide best practices of civility in the practice of law and are offered to promote both the effectiveness and the enjoyment of the practice of law and economical client representation. At the request of Shelly Sloan, then president-elect of the State Bar Board of ...

What is a deposition in a lawsuit?

An attorney should be punctual in appearing at trials, hearings, meetings, depositions and other scheduled appearances. For example: a. An attorney should arrive sufficiently in advance to resolve preliminary matters. b. An attorney should timely notify participants when the attorney will be late or is aware that a participant will be late ...

When to make an objection to a deposition notice?

Mar 02, 2016 · March 2, 2016. The State Bar of California has adopted Attorney Guidelines of Civility and Professionalism. Beginning in 2014, the oath for new lawyers to the bar was amended to reflect this growing emphasis on professionalism: "As an officer of the court, I will strive to conduct myself at all times with dignity, courtesy, and integrity." One area of litigation that is …

How do you handle a difficult deposition?

How do you deal with nasty opposing counsel?

What do you do when opposing counsel won't respond?

Should you object at a deposition?

What should you not say to a lawyer?

Why is my attorney not fighting for me?

Is it normal to not hear from your lawyer?

Can defendant contact plaintiff directly?

Do opposing lawyers talk to each other?

Can you ask leading questions in a deposition California?

How do you defend a deposition in California?

Who can attend a deposition in California?

Civility toolbox

The Attorney Guidelines of Civility and Professionalism provide best practices of civility in the practice of law and are offered to promote both the effectiveness and the enjoyment of the practice of law and economical client representation.

California Rules of Court, Rule 9.4 - Revised Attorney Oath

Rule 9.4 of the California Rules of Court, effective May 27, 2014, was adopted to supplement the attorney oath for new lawyers. Rule 9.4 states:

Guidelines on civility and professionalism

The following are links to guidelines on civility and professionalism adopted by local bar associations and courts:

Articles

The following are links to articles on attorney civility and professionalism:

What is the purpose of depositions in litigation?

Depositions can be a valuable tool to obtain evidence and learn the facts of the case in preparation for trial. Deposition testimony may be used, in limited circumstances, at trial in lieu of a live witness. Courts in many states treat depositions the same way as they do other court proceedings. Thus, court rules in those states require attorneys taking and defending depositions to conduct themselves as they would if the deposition were taking place in court before the judge.

What are the guidelines for professional conduct for depositions?

The guidelines provide guidance on conduct during depositions, including scheduling, objections, and communications on the record. In sum, "A lawyer should not engage in any conduct during a deposition that would not be allowed in the presence of a judicial officer."

Why are depositions so aggressive?

Because depositions shape cases, attorneys can be tempted to be more aggressive than in other aspects of an action as they attempt to get in or keep out certain testimony for the record. Recent cases are replete with examples of attorneys engaged in improper deposition conduct, such as acting rudely toward opposing counsel or asserting improper objections to interrupt the flow of information. This type of conduct can be intentional—interrupting and intimidating opposing counsel—or unintentional.

What is the rule of civil procedure for speaking objections?

Thus, a speaking objection—an objection that proceeds beyond what is necessary to give the grounds on which the objection is based —is improper in depositions in federal courts.

What is a standing order in a deposition?

Judges and courts often issue standing orders on proper deposition conduct. Review the standing orders of the judge or court for instruction on what constitutes improper deposition conduct. Such orders often provide rules on objections and instructions not to answer, scheduling, introduction of documents and exhibits, ...

When can an attorney instruct a deponent not to answer?

Federal Rule of Civil Procedure Rule 30 (c) (2) also provides that an attorney may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation ordered by the court, or to present a motion to terminate or limit the deposition. However, even when a privilege is claimed, standing orders often instruct that the witness should nevertheless answer questions relevant to the existence, extent or waiver of the privilege, such as the date of the communication, who made the statement, to whom and in whose presence the statement was made, other persons to whom the contents of the statement have been disclosed, and the general subject matter of the statement, unless such information itself is privileged.

Can an attorney defend a witness in a deposition?

An attorney defending a witness in a deposition generally has the right to object to questions that are improper: for example, because they are vague, ambiguous, misleading or seek attorney­client privileged information. However, it is improper in most jurisdictions to state objections in a way that coaches the deponent on how to answer certain questions or to provide information that essentially amounts to testimony being provided by the defending attorney.

What does it mean when an attorney is arguing in a deposition?

When attorneys argue over points of law or something happening in the deposition, that is between them. Judges are assigned to be avail-able for attorneys to call when they have legal arguments that need to be resolved. They can take a break to do that.

What to do if an attorney expresses dissatisfaction with you as a reporter?

If an attorney expresses dissatisfaction with you as the reporter, advise the attorney that you will check with the office to see if relief is avail-able and how soon it can arrive.

How to deal with difficult attorneys?

When dealing with difficult attorneys on the job, there are three key things to remember: Always remain professional, polite, and courteous, no matter what happens or how everyone else in the room is behaving.

What is the job of an attorney?

An attorney’s job is to represent and/or defend a client to the fullest. Some do it more vociferously than others, both in the courtroom and in depo-sitions. As they see it, the sun rises and sets on whatever is happening in that proceeding, which can ultimately make or break their case.

What is the job of guardian of the record?

As the guardian of the record, your job is to protect the record, making an accurate transcript of what is said and what happens in that proceeding. You have a lifeline: your office. When all else fails, call them. When attorneys argue over points of law or something happening in the deposition, that is between them.

What happens if a lawyer asks the same question over and over?

If you find that the lawyer asking the questions is repeating the same question over and over or being argumentative, you might then have grounds to suspend the deposition and seek a protective order. Even harassing questions will not justify an instruction not to answer a question – only a question seeking privileged information or invading the witness’s right of privacy will justify a refusal to answer.

Can two lawyers question the deponent?

By the way, it is not necessarily abusive for two lawyers to question the deponent. Although tag teaming of lawyers usually isn’t allowed in trial, the Discovery Act does not prohibit this in a deposition. ( Rockwell Int’l, Inc. v. Pos-A-Traction Industries (9th Cir. 1983) 712 F. 2d 1324, 1325.)

Is it risky to suspend a deposition?

Given the policy favoring broad discovery, the “relevance to the subject matter” and “reasonably calculated to lead to discovery of admissible evidence” are going to be liberally applied so it is extremely risky to suspend a deposition on this basis alone. We have to tolerate these “fishing expeditions.” But even so, the way they fish has to be done properly.

Can a deposition officer suspend a witness?

If you find that the deposing attorney is harassing the witness or is taking the deposition in a manner which “ unreasonably annoys, embarrasses or oppresses” the witness , you can suspend the deposition. This is done by simply telling the deposition officer that you are suspending the deposition to seek a protective order. The deposition officer must suspend taking testimony upon such a demand. (Code Civ. Proc., §2025.470.)

Does a plaintiff have to waive the doctor-patient privilege?

In personal injury matters , a plaintiff who puts his or her medical condition at issue waives the doctor-patient privilege (Evid. Code, §996), however, he or she still has a right of privacy to the records. By putting certain injuries at issue, a plaintiff does not automatically waive their entire lifetime of medical records and only the records pertaining to the physical and mental conditions related to the incident are discoverable. ( Britt v. Sup. Ct. ( San Diego Unified Port Dist.) (1978) 20 Cal.3rd 844, 864.) Also, even though a personal injury plaintiff seeks pain and suffering as damages, this does not make the plaintiff’s psychiatric records at issue. It is only if a plaintiff asserts more emotional distress injuries than are normally associated with a “garden variety” personal injury does a defendant possibly get these records. ( Davis v. Sup. Ct. ( Williams) (1992) 7 Cal.App.4th 1008, 1016.)

Is it abusive to ask a witness to perform physical acts at a videotaped deposition?

Also, asking a witness to perform physical acts at a videotaped deposition is not abusive. For example, a witness may be asked to act out the way something happened, or draw a diagram or give a handwriting exemplar, etc. (Code Civ. Proc., §2025.480 (a); Emerson Elec. Co. v. Sup. Ct. ( Grayson) (1997) 16 Cal.4th 1101, 1113.)

Do witnesses have to disclose their names?

Often we try to get the names and contact information of witnesses to support our case and we are met with privacy objections. In Puerto v. Superior Court (2008) 158 Cal.App.4th 1242, the court held that witnesses are usually required to participate in civil discovery and that such information should be disclosed. The court ordered the information to be produced without obtaining consent from the witnesses: “A percipient witness’s willingness to participate in civil discovery has never been considered relevant – witnesses may be compelled to appear and testify whether they want to or not.” ( Id. at 1251-1252.)

What is a client deposition?

Your client’s deposition is opposing counsel’s opportunity to gather information and evidence to prepare their case and determine any opportunities to narrow the issues at trial. However, this does not mean that opposing counsel gets to browbeat and bully your client.

When can you prepare for a deposition?

You cannot wait until the day before the deposition to prepare your client, especially if this is your client’s first time being deposed or your client has been asked to produce documents at the deposition.

How long should a deposition meeting be?

Plan to spend at least one hour meeting with your client to: (1) explain the general deposition process and structure, (2) review the relevant issues and facts of the case to which he or she is anticipated to testify, and (3) ensure you have answered all of his or her questions about the process.

What happens if opposing counsel asks if you agree to the standard stipulations?

This means that the court reporter will retain the original copy of the transcript during the time frame allotted for your client’s review. Once this time frame expires, the original transcript, with your client’s changes, will be delivered in a sealed envelope by the court reporter to the noticing attorney.

What is an improper form?

Improper form (i.e., ambiguous, uncertain, compound, calls for narrative, calls for speculation, argumentative, leading); and

Can a client ask a question after you state an objection?

Your client must still answer the question asked after you state your objection, unless the objection is based on privilege or work product. You cannot instruct your client not to answer a question for any other reason.

Does California law protect clients at depositions?

Does this mean protecting your client at a deposition is your chance to channel your inner Harvey Specter? No! Absolutely not ! California’s Attorney Guidelines of Civility and Professionalism still apply while defending your client’s deposition.

What are the exceptions to the California attorney-client privilege?

There are two major exceptions to the California lawyer-client privilege under the California Evidence Code. These are: 2.1. Crime or fraud. The attorney-client privilege does not apply to any communications between a client and his/her attorney that are made in order to enable someone to. commit a crime or fraud, or.

What is the 954 law?

37 Same. Updated July 30, 2020 Evidence Code 954 is the California statute that makes communications between attorneys and their clients privileged and confidential. This is what is known as the “lawyer-client privilege” (or the “attorney-client privilege”).

What is the evidence code for confidential communications in California?

Evidence Code 954 makes communications between attorneys and their clients privileged and confidential in California.

What is the 954 Evidence Code?

Evidence Code 954 is the California statute that makes communications between attorneys and their clients privileged and confidential. This is what is known as the “lawyer-client privilege” (or the “attorney-client privilege”).

What is the lawyer-client relationship?

Therefore, the lawyer-client relationship is one of the most robust privileges in California evidence law. 4. Examples.

Why did the court subpoena Linda?

The court subpoenas Linda to ask her whether she showed Carlos a copy of his arrest report while he was in jail. The prosecutor believes that information in the arrest report could have provided a motive for Carlos to kill the other inmate.

Why is Mario allowed to reveal John's confession?

This is because Mario is not a licensed attorney and never gave John any reason to believe he was. 14