how does a lawyer depose of old clients info

Do attorneys depose their own clients?

Mar 31, 2016 · Model Rule 1.9 (c) says that when you have formerly represented a client in a matter, you shall not thereafter: (1) use information relating to the representation to the disadvantage of the former client except as these Rules would permit or require with respect to a client, or when the information has become generally known; or

Can a lawyer destroy a client’s records?

Jul 05, 2019 · by IRCH Admin | Jul 5, 2019 | Records Retention | 0 comments. Summary: Most attorneys elect to keep their client files forever, believing that this reflects their legal duty to protect client interests. Some believe that client files belong to the clients and can only be destroyed with permission of the clients.

How long must an attorney keep a former client’s file?

lawyer either (a) at the expense of the client or (b) making use of the client’s information or other. resources to profit the lawyer; resulting in (2) a claim in which the client seeks either (a) damages. for harm done or (b) disgorgement of the lawyer’s profits. Restatement §§49, 53, 60(2).

Does a lawyer have to deliver a file to a former client?

Oct 15, 2011 · A deposition is an opportunity for an attorney to question a witness or party to a case, while that person is under oath and while a court reporter is making a record of all of the questions, answers and statements made during the deposition. The deposition may be used to gain information or to impeach you at trial.

Can lawyers talk about old cases?

Under attorney-client privilege, lawyers are not allowed to divulge the details of anything their clients tell them in a court of law. In addition to that, The Duty of Confidentiality protects clients from having their lawyers casually discuss the private details of their case outside of court.

What Cannot be asked in a deposition?

You have a right to refuse any questions about a person's health, sexuality, or religious beliefs (including your own). The opposing attorney will have to explain how your answer has a direct bearing on the case in order to compel you to answer.

Is a deposition a good thing?

Depositions are often a vital and pivotal part of litigation. A good (or bad) deposition has the ability to sway the case one way or another.Nov 30, 2015

What is the discovery process Why is this process important to the disposition of cases?

Discovery enables the parties to know before the trial begins what evidence may be presented. It s designed to prevent "trial by ambush," where one side doesn t learn of the other side s evidence or witnesses until the trial, when there s no time to obtain answering evidence.Nov 28, 2021

Can you plead the 5th in a deposition?

Yes, you can plead the fifth in a civil trial or deposition. But, whether you should or should not do so is often an issue that requires you to waive certain risks and benefits. If you refuse to testify in a civil matter, there can be adverse consequences for the case.

How do you answer 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...

How much does a deposition cost?

The costs of the deposition depends on the length, the number of attorneys, and the current court reporter rate. A rule of thumb is the court reporter will charge $3.00 to $8.00 per page. So, in a 6-hour deposition the cost would be estimated at 75 pages per hour at a cost of $1300 to $3600 dollars.

What do you wear to a deposition?

Women should wear: A mid-length dress. A woman's business suit or pants suit. Conservative blouse and long slacks....Men should wear:A suit with tie or a blazer.A long-sleeve button-down shirt with a collar.Long pants with a belt or suspenders.Dress shoes and socks.

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.

What types of evidence can be legally obtained during the discovery process?

Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and ...

What is the first step in the discovery process?

The first phase of the discovery process is the written discovery phase. During this phase, your attorney may send and receive requests to produce documents, requests for admissions of facts, and written interrogatories.Oct 27, 2020

How is discoverable information different from admissible information?

The Federal Rule of Evidence 801 does provide for several exclusions to the Hearsay rule. All content is discoverable if it potentially is relevant to the case and not deemed privileged, but discovered content may be ruled inadmissible if it is deemed privileged (doctor/patient communications), unreliable or hearsay.Mar 14, 2013

What does the attorney ask in a deposition?

The attorney taking the deposition may ask that you answer any question that has been asked before you confer. If your need to confer relates to the question that has been asked, you can tell your attorney that that is the case and he will address it as the situation dictates. Rule 11.

What happens if an attorney objected to a question?

If the question that the attorney objected to is used at the trial or in a hearing, the judge will then rule on the objection. If the judge sustains (or agrees with) the objection, then the answer will not be read. The following are list of rules to follow when being deposed: Remember, you cannot win your case at your deposition.

How to answer a question that is asked and nothing more?

Rule 2. Answer the question that is asked and nothing more. Even if you think that your answer is harmful, just answer the question asked. Do not try to elaborate. Elaborating or trying to explain will not help. Instead, it will give the attorney asking the questions more information from which to ask more questions.

Why do you have to elaborate on an answer during a deposition?

Usually, elaborating on an answer extends the deposition because you have given more information from which the attorney asking the questions can base more questions. Rule 3. Listen carefully to the questions being asked. It is not unusual for a person being deposed to try to think what the next question will be.

What to do if you don't understand a question?

Rule 8. If you do not understand the question being asked, ask the attorney to rephrase the question or to explain a word or words that are confusing you. You are not required to and you should not answer a question that you do not fully understand. Rule 9.

What happens if you don't listen to the question in a deposition?

An attorney taking a deposition may well be asking a line of questions and if you are not listening to the question, you will answer the question that you think is being asked ( based upon the prior line of questions) and not the question that was actually asked. Rule 4.

What to expect during a deposition?

A deposition is an opportunity for an attorney to question a witness or party to a case, while that person is under oath and while a court reporter is making a record of all of the questions, answers and statements made during the deposition .

Can an attorney foresee the future utility of the information contained in a criminal case?

In criminal matters, the attorney cannot foresee the future utility of the information contained in the file. The Committee concludes, therefore, that it is incumbent on the attorney in a criminal matter to obtain some specific written instruction from the client authorizing the destruction of the file. Absent such written instruction, the attorney ...

Can an attorney choose a longer or shorter term of retention of client files?

Attorneys are free to choose a longer or shorter term of retention of client files. Some permanent record should be maintained that describes the file and its disposition. The California Rules of Professional Conduct do not specify how long an attorney must retain a former client’s file.

What is attorney-client privilege?

The attorney-client privilege protects communications: 1) between a client and his or her attorney; 2) that are intended to be, and in fact were, kept confidential; 3) for the purpose of obtaining or providing legal advice. United States v.

Can an attorney take refuge in the attorney-client privilege?

Attorneys can take refuge in the attorney-client privilege, however, if they ensure that communications with former employees remain within the realm of subject matters that courts have clearly outlined as protected by the privilege. Avoid scripting witnesses either verbally or with writings.

Should attorneys think about attorney-client privilege?

Overall, attorneys should think actively and intentionally about the attorney-client privilege and its application to their practice. With each of the above practice points in mind, attorneys can predictably and successfully draw a clear line between privileged and discoverable communications.

Michael Stewart Frankel

A party to a lawsuit is deposed by another party or another party's attorney. Parties cannot depose themselves, either pro se or by their own attorney. More

Jack Mevorach

Reading between the lines, you seem to be asking if you can conduct your own deposition rather than letting the opposition depose you because you'd like to provide the evidence in the manner most favorable to you. The answer to that question is NO.

Jonathan Charles Balfus

Attorneys sometimes depose their own clients when the client is very ill and is likely to die before they could testify at trial. The deposition preserves the client's testimony for trial. Opposing parties can conduct their own deposition of that party at that that time and, in addition, cross -examine the party...

Benjamin Soffer

The only reason to depose yourself is to preserve your testimony for trial if death is imminent. This happens in failure to diagnose cancer cases. Your adversary has the right to depose you and you have the right to depose your adversary.

How much did the attorneys charge for the shoddy work?

According to the AP, the attorneys charged $27 million for three months of shoddy work. In other words, an unprecedented 34% of the recovered sum would be paid to legal fees. The situation was improved somewhat by a judge, who rejected and withheld about $7 million in fees.

Is it justifiable to spend big bucks on litigation?

Like a sick person, a company facing litigation is willing to spend big bucks to get out of a trouble. It's entirely justifiable, and lawyers are only too happy to oblige, billing clients for every minute worked, and then some.

Why do we need depositions?

Giving a deposition also allows you an opportunity to refresh your memory. Court cases can take years, and depositions can be useful reminders if you do ultimately have to testify in court.

What is a deposition in court?

A deposition is part of the “discovery process,” where two parties involved in litigation gather information in order to prepare for a trial. Typically, your deposition will be taken in a conference room, not in a courtroom.

What to do if you don't remember?

If You Don’t Know or Don’t Remember, Admit It. Of course, you want to come across in your deposition as the knowledgeable professional that you are, with a strong grasp of all the details of your operations. However, there is nothing wrong with admitting that you don’t remember or don’t know the answer to a question.

What happens when you are deposed?

In such cases, a lawsuit can often follow, and you may be called to give a deposition and possibly testify in court. The deposition is usually the first step in what can be a nerve-wracking journey though the legal system. When you are deposed, you will be brought into a room with attorneys from both sides, sworn in, ...

What to do before deposition?

Before you give your deposition, you are entitled to review all of the pleadings in the case, including the complaint (the document that initiates a civil lawsuit) and the answer (your company’s first response to the lawsuit), to find out the basis of the litigation.

Where is a deposition taken?

Typically, your deposition will be taken in a conference room, not in a courtroom. You will take an oath about the accuracy of your testimony, and all the proceedings will be transcribed by a court stenographer and, if requested by one of the parties, recorded on video.

Is it wrong to admit you don't remember the answer?

However, there is nothing wrong with admitting that you don’t remember or don’t know the answer to a question. Remember, you are under oath, and the rules for perjury apply to depositions. It is better to be honest and admit your ignorance than to misspeak.