Found an issue on this page? Let us know and we will look into it as soon as possible.
Can attorney (was not my attorney), discuss a case with me at lenght, when I am on the schedule to be desposed
Anonymous2 views3 answers
I gave a deposition in a custody case. I was deposed by opposing attorney. My uncle's attorney did not think i would be deposed
Even though i was on the list from the opposing attorney to give a deposition, my uncle's attorney did not think they were going to depose me. He spoke to me about the case and then I was called for deposition. The attorney never stated that he spoke to me and told me he should not have spoken to me and for me not to say anything. Can I get in trouble?
Was it ok that my Uncles attorney spoke to me for about 1 hour about the case knowing that I was on the other persons list to be deposed? And the attorney told me, she should not be speaking with me. Then at the deposition never revealed it.
Unless you are a party any lawyer can talk to you. However since you are not a party the communication is not privileged and under oath at a deposition or in court as a witness, if you are asked about talking to the other lawyer you are required to provide all details of the communication.
There is no obligation of the other lawyer to talk about it, only you are if asked.
It is really not a matter of the other lawyer should not be talking to you, it is more a matter of them hoping you will not reveal it and the details of the discussions.
My colleague is correct. There are rules about talking to a party in a lawsuit, but since you are a witness, not a party, the attorney, or hisor her investigator or his or her staff can talk to you before they depose you. In fact many times an attorney or his or her staff will make sure they DO talk to you so they have an idea of what you will say. It is totally proper and permissible to speak to a witness to find out what they will say.
Good luck to you.
The other answers are excellent. I can only add that the best way for a witness to avoid trouble in a deposition is to be careful to say only true things. If no attorney asked you in the deposition which attorneys you talked to before the deposition, you had no duty to volunteer the information and in fact you were undoubtedly instructed simply to answer the questions asked.
