how can someone's attorney be deposed

Normally an attorney representing a party in a lawsuit cannot be deposed by another party. Principles of attorney-client privilege and attroney work product doctrine strongly militate against a party being allowed to depose an opposing attorney.

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How to start a deposition?

extensive conversations, summarize where possible. The examining attorney will ask for details. 13. Never characterize your own testimony! “In all candor” or “honestly,” “I’m doing the best I can”, “very truthfully” and like phrases are guaranteed to make the examining attorney suspicious. 14. Avoid all superlatives!

What are my rights during a deposition?

Aug 27, 2012 · The attorney deponent will be told what is self-evident in privilege law: There is no blanket objection to protect attorney-client or work-product. Make your objection question-by-question and document-by-document. Make a record upon which a …

How do you prepare a witness for a deposition?

Mar 08, 2011 · Under both federal law and California law, an attorney who has factual knowledge (i.e., he is a witness) gained outside the attorney-client and attorney work product protections, may be deposed if it is shown that (1) no other means exist to obtain the information in possession of the attorney, (2) the information is relevant and not privileged, and (3) the …

How to handle being deposed?

May 01, 2015 · Generally, you can't compel someone to attend a deposition if he or she has been previously deposed in the same case. But there are 5 exceptions to this rule. A person whose deposition has been completed can't be compelled to attend a subsequent deposition in the same case unless one of the exceptions in CCP…

What does a lawyer being deposed mean?

Overview. A deposition is a witness's sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. The witness being deposed is called the "deponent."

Who may be deposed?

Who Can be Deposed? Any witnesses with knowledge of the facts of a case can be deposed. This can include defendants, employees of a defendant (if the suit is being brought against an entity), former employees, as well as other witnesses.May 4, 2018

What to expect when you are deposed?

When you are deposed, you will be brought into a room with attorneys from both sides, sworn in, and a court reporter will record every word you say as you are grilled by lawyers. You will be asked to recall minute details regarding an incident that might have happened months ago.Oct 20, 2008

Whats the purpose of a deposition?

Deposition Basics The deposition has two purposes: To find out what the witness knows and to preserve that witness' testimony. The intent is to allow the parties to learn all of the facts before the trial, so that no one is surprised once that witness is on the stand.Apr 2, 2019

What is a PMK notice?

An important purpose in any deposition of a person most knowledgeable (“PMK”) is to solicit testimony from the person who has the most knowledge about your specific topic, for the relevant period.

Are depositions public record?

Unlike most trial transcripts, a deposition transcript and the audio or video of deposition testimony are not public records. All parties to a case in which a deposition is taken, as well as a deponent are entitled to obtain a copy of a deposition transcript.Jun 12, 2015

How do you deal with being deposed?

Below are the top 5 rules to guide you during a deposition:Listen to the question. ... Be sure you understand the question. ... Think about the answer. ... Express the answer in the shortest and clearest manner possible. ... Tell the truth.Sep 30, 2020

Are depositions scary?

The truth of the matter is that depositions are not nearly as scary as you might think. While depositions can be awkward and there might be some difficult questions for you to answer, if you have a good lawyer preparing you for the deposition, you will be fine.

How do you avoid yes or no questions in court?

Give the answer in your own words, and if a question can't be truthfully answered with a “yes” or “no” answer, explain the answer. If an attorney demands a “yes” or “no” answer and you can not give one, let the judge know that, and explain that to do so would be misleading to the court or inaccurate.Mar 3, 2014

What kind of questions are asked in a deposition?

A deposition is a process whereby witnesses provide sworn evidence....Basic Background QuestionsWhat is your full name?Have you ever used any other names? ... Do you have any nicknames? ... What is your date of birth? ... What is your age?More items...•Mar 22, 2017

How do you handle a difficult deposition question?

What follows are numerous points or rules to keep in mind throughout the deposition.Tell the truth. ... Think before you speak. ... Answer the question. ... Do not volunteer information. ... Do not answer a question you do not understand. ... Talk in full, complete sentences. ... You only know what you have seen or heard. ... Do not guess.More items...

Is deposition a chemical?

In chemistry, deposition occurs when molecules settle out of a solution. Deposition can be viewed as a reverse process to dissolution or particle re-entrainment. It is a phase change from the gaseous state to a solid, without passing through the liquid state, also called re-sublimation.