what happens if an attorney does not answer interrogatories for his client?

by Dallas Pouros 3 min read

Ultimately, if you don't answer the questions (or provide evasive or incomplete answers) then a motion for contempt will be filed, and at some point you may be civilly arrested and brought to the Courthouse to answer the questions in person.

Full Answer

Why do lawyers answer interrogatories?

Aug 24, 2014 · first, you need to make an effort to resolve it without court assistance (a letter advising that if no answers by date x, you will file motion to dismiss; or a phone call advising the same), and then if still no compliance, then you file a motion to dismiss complaint without prejudice, and then if still remain non-compliant after that motion is …

How do you answer interrogatories with assistance of counsel?

By adding the phrase, “with assistance of counsel,” the client has a way out of any mistakes made. The reality is that if there are mistakes made in the interrogatories, it is almost always the attorney’s fault. The attorney has not properly addressed the questions with the client. Secondly, only answer questions you must answer. If there is a valid objection to the question, state the …

Why are interrogatory responses required to be signed under oath?

It would be viewed as obstructing the interview - because their client might not want to give that answer, and the caution applies to the client, not their legal representative. The closest you would get is if the client wants to give a written submission, then the solicitor can read that out on their client’s behalf, but not answer subsequent questions then asked.

How long do I have to respond to interrogatories in Florida?

Aug 06, 2014 · This time, let’s talk about lawyers obstructing discovery by responding to discovery interrogatories themselves, rather than by having their client answer. It’s a common progression of events: 1. Lawyer A serves a bunch of interrogatories on Lawyer B. 2. Lawyer B responds with a bunch of boilerplate objections. (See my prior post for more.) 3.

How long does it take to answer an interrogatory?

The opposing attorney must then prepare answers or objections to the interrogatories within thirty days.

What is interrogatory response?

Specifically, interrogatory responses are intended to be used at trial. The most common uses at trial are to disprove an element of the claim, prove a defense, or (here’s the big one) impeach the plaintiff’s credibility. It’s important to understand that our answers to interrogatories cannot help us at trial.

What is the most important element of a personal injury case?

One of the most important, but often undervalued, elements of litigating a personal injury case involves responding to interrogatories . Interrogatories are written questions that either the defense or the plaintiff involved in litigation can send to the opposing attorney (assuming the case is being handled by an attorney).

Who is Jimmy Fasig?

Jimmy Fasig is the managing partner of Fasig Brooks and has won numerous million and multimillion-dollar recoveries on behalf of clients. With nearly two decades of legal experience, he intimately understands Florida personal injury law and is dedicated to providing injured victims with the best possible legal representation.