when can an attorney be compelled to give a deposition in his client's case?

If you are subpoenaed you have to give the deposition. If you have not been subpoenaed then you don't have to, but they would probably just issue a subpoena... 1 found this answer helpful

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What questions can an opposing attorney ask you during a deposition?

An attorney taking a deposition for discovery purposes is entitled to ask you about any non-privileged information that is relevant to the case. Even if you cannot understand the possible relevance of a question, chances are that the attorney questioning you has a basis for asking the question, and therefore you are required to answer the question.

Can a lawyer’s instructions to a deponent not to answer certain questions?

Oct 30, 2014 · This can be very tricky for some people, so it’s best to discuss it prior to the deposition. Finally, I give my clients four simple rules to follow to effectively handle these unusual questions. I refer to these as the four commandments. 1) Tell the truth. Nothing hurts a case more then a lie. Even a white lie can kill your case.

Are depositions stressful for lawyers?

The problem can arise whether the lawyer is called as a witness on behalf of the client or is called by the opposing party. Determining whether or not such a conflict exists is primarily the responsibility of the lawyer involved. If there is a conflict of interest, the lawyer must secure the client's informed consent, confirmed in writing.

When to instruct a witness not to answer a deposition question?

Sep 28, 2017 · Depositions can be very stressful, and there are a number of reasons why lawyers and clients alike may want to avoid them in certain circumstances. This article will give a broad overview rather than an examination of state-specific laws and policies. Were you subpoenaed? There aren’t too many options if you have been subpoenaed to a deposition.

What is 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

Under what circumstances can an attorney reveal information about the client that the attorney obtained during the representation of that client?

(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

What does deposition mean in legal terms?

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."

When can a lawyer refuse to accept a case?

Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter's rights.

When can a lawyer break confidentiality?

When can a solicitor breach confidentiality? A solicitor cannot be under a duty of confidentiality if the client is trying to use them or the firm to commit fraud or other crimes. A client cannot make a solicitor the confidant of a crime and expect them to close up their lips upon any secret they dare to disclose.Jan 7, 2021

Under what circumstances can an attorney reveal information about the client that the attorney obtained during the representation of that client quizlet?

A lawyer shall reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary to prevent reasonably certain death or substantial bodily harm.

What are the processes of deposition?

Deposition is the laying down of sediment carried by wind, flowing water, the sea or ice. Sediment can be transported as pebbles, sand and mud, or as salts dissolved in water. Salts may later be deposited by organic activity (e.g. as sea shells) or by evaporation.

What happens after a deposition?

After a deposition and other aspects of the discovery phase have occurred, your lawsuit will typically include three important stages: mediation, trial, and appeal. Before your case reaches a trial, however, four essential steps generally take place.Nov 9, 2020

What is example of deposition?

Deposition refers to the process in which a gas changes directly to a solid without going through the liquid state. For example, when warm moist air inside a house comes into contact with a freezing cold windowpane, water vapor in the air changes to tiny ice crystals.Jul 3, 2019

When can a lawyer decline his services to the oppressed?

A lawyer may withdraw his services from his client only in the following instances: (a) when a client insists upon an unjust or immoral conduct of his case; (b) when the client insists that the lawyer pursue conduct violative of the Code of Professional Responsibility; (c) when the client has two or more retained ...

Can a lawyer be a witness against his client?

Section 120 of the Evidence Act, 1872 only deals with who may testify as a witness and does not lay down any restriction or restraint on the advocate to be a witness in the case where he is acting as an advocate. A counsel for a party should not be his witness in the same case without retiring from the case as counsel.Jun 29, 2018

How does a lawyer give full protection to his client's interests?

Lawyers are expected to prosecute or defend the interests of their clients without need for reminders. The privilege of the office of attorney grants them the ability to warrant to their client that they will manage the case as if it were their own. The relationship between an attorney and client is a sacred agency.Feb 3, 2015