-JQ- Posted April 22, 2009 Share Posted April 22, 2009 I'm going to be deposed in a case. Do I take an attorney? I don't have one if so. An old employer vs client...client's atty contacted me to testify to their work pratices. This is in no way regarding my personal work there by the way. And no our parting wasn't pretty but was a good thing after all was said and done. The previous employer is VERY litigious and I don't want any grief from them. Any good links/references...Greater Cincinnati area Thanks. Link to comment Share on other sites More sharing options...
chuckbradley Posted April 22, 2009 Share Posted April 22, 2009 I'm going to be deposed in a case. Do I take an attorney? I don't have one if so. An old employer vs client...client's atty contacted me to testify to their work pratices. This is in no way regarding my personal work there by the way. And no our parting wasn't pretty but was a good thing after all was said and done. The previous employer is VERY litigious and I don't want any grief from them. Any good links/references...Greater Cincinnati area Thanks. I am not a lawyer but i would be careful. I wouldn't even do it unless they wanted to pay the expense of my own attorney. One time after my Dad left a rail/truck company in LA and moved to Kentucky a company lawyer contacted him and wanted him to testify against some other employees, his boss and up, over some trucking regulation violations. this was the 70's. He agreed. Before being interviewed off the record the lawyer asked to use the restroom. While gone my Dad put his ear to the briefcase on the table between them. He could here the tape recorder going. He answered every question with a nod of the head or in a whisper. Come to find out they were trying to find a fall guy and he was the target. So I am not sure I would talk at all. Link to comment Share on other sites More sharing options...
-JQ- Posted April 22, 2009 Author Share Posted April 22, 2009 Yea I hope to get more info on it soon. I'd rather just give 'em nudge in the right direction...then they could dig it up for themselves When it comes down to it, these people are doing/or have done others harm. I was glad to leave when I did - which was ASAP. Maybe I should have mentioned any "non-disclose" issues have past...>3 years past employ... Link to comment Share on other sites More sharing options...
Neomet Posted April 22, 2009 Share Posted April 22, 2009 (edited) If you are not a party in a civil suit you do not need to even appear. The court does not have any subpoena power over you. You might receive a subppoena from one of the litigants (I am betting you did) but if you would rather spend your time doing something else feel free. Not an attorney but I do manage litigation for a large insurance carrier. Oh, and the wife is an attorney. There are more than a couple attys on the site who I am sure will chime in with more authority than I have. Edited April 22, 2009 by Neomet Link to comment Share on other sites More sharing options...
smokshwn Posted April 22, 2009 Share Posted April 22, 2009 Do not ever go into a deposition without an attorney who is representing your interests. If they want you for testimony then they can foot the bill, you pick the atty. Link to comment Share on other sites More sharing options...
Carmoney Posted April 22, 2009 Share Posted April 22, 2009 If you have received a subpoena, and the party issuing the subpoena has effected proper service and complied with any statutory requirements relating to serving a subpoena (for example, in my state you would receive a small witness fee and mileage check), the court absolutely does indeed have jurisdiction over you. If you do not appear, you may be ordered to a show cause hearing, and ultimately could be found in contempt of court. When I issue a subpoena to a non-party witness in one of my civil cases, I'm not playing games--if you don't appear without an awfully good reason I will have your ass hauled in front of the court and let you explain to the judge why you ignored a bona fide court order. To answer the original question--if you think there is a chance that any party to the litigation could be targeting you, hire an experienced trial attorney (and not some ham 'n' eggs small town hack) to be there with you. I have a case right now where I represent a concrete contractor who was deposed as a fact witness in a slip and fall case brought by some deadbeat against a well-known restaurant chain. My client didn't think he needed a lawyer, and didn't contact his own insurance carrier when he received the subpoena. During the middle of the deposition, he realized that some of the questions coming at him seemed to be pointed pretty sharply in his direction, so he stopped and asked the lawyers whether he needed counsel and whether his testimony would come back to haunt him. They assured him that he was not a target. Several months later he was enjoined in the litigation as a third-party defendant. So now I'm on board to defend his interests, but his testimony--obtained when he had no counsel present--has already been committed to the record. So I would suggest you tread very cautiously. PM me if you have any further question on this. And--as I always say when these questions come up--are you sure you should be asking a serious legal question on a shooting forum? Link to comment Share on other sites More sharing options...
-JQ- Posted April 22, 2009 Author Share Posted April 22, 2009 And--as I always say when these questions come up--are you sure you should be asking a serious legal question on a shooting forum? Thanks Carmoney, but my Beanie baby collectors board would just laugh at me... I may drop you a PM later...thanks for the offer...too bad you aren't local Link to comment Share on other sites More sharing options...
Carmoney Posted April 22, 2009 Share Posted April 22, 2009 Thanks Carmoney, but my Beanie baby collectors board would just laugh at me... Ha!! Link to comment Share on other sites More sharing options...
PHolsted Posted April 22, 2009 Share Posted April 22, 2009 To answer the original question--if you think there is a chance that any party to the litigation could be targeting you, hire an experienced trial attorney (and not some ham 'n' eggs small town hack) to be there with you. +1000 A few hours of a good attorney working in your favor could save you several months of hell and money down the road. Link to comment Share on other sites More sharing options...
BigDave Posted April 22, 2009 Share Posted April 22, 2009 (edited) Get an attorney. Your answers should be yes, no, and I don't recall. Do not elaborate on any question. I'm not an attorney, but I am married to one. Edited April 22, 2009 by BigDave Link to comment Share on other sites More sharing options...
hitman Posted April 22, 2009 Share Posted April 22, 2009 I have no recolection of those events. Link to comment Share on other sites More sharing options...
BR Posted April 22, 2009 Share Posted April 22, 2009 I'm going to be deposed in a case. Do I take an attorney? HK - to answer your question: It depends, but ditto to everything Carmoney, Esq. stated. Feel free to pm if you would like to discuss your situation. -brian reynolds Link to comment Share on other sites More sharing options...
kaiserb Posted April 22, 2009 Share Posted April 22, 2009 If you have received a subpoena, and the party issuing the subpoena has effected proper service and complied with any statutory requirements relating to serving a subpoena (for example, in my state you would receive a small witness fee and mileage check), the court absolutely does indeed have jurisdiction over you. If you do not appear, you may be ordered to a show cause hearing, and ultimately could be found in contempt of court. If you live in TX you only have to appear for in state issues. For out of state issues it has to be at the Federal level for them to compel you to appear. Link to comment Share on other sites More sharing options...
Neomet Posted April 22, 2009 Share Posted April 22, 2009 Mike, I need to get you guys as panel counsel at my new company (although we have very few cases in IA). I've had a couple cases lately where d/c has told me we were going to get nowhere attempting to force witnesses to appear by subpoena when they have told us they won't come no matter what. In any event as Mike points out seeking legal advice from anyone other than an attorney, preferably someone locally, is fraught with peril. Everyone has opinions (including guys like me) but opinions and sound legal advice often differ. Link to comment Share on other sites More sharing options...
Chris iliff Posted April 22, 2009 Share Posted April 22, 2009 I have learned that lawyers/police frequently use lies/deception to gain info. They will lie to you to get what they want/think. GO GET A LAWYER. You really don't know what they want from you,.....even when they are smiling and telling you. IMHO Link to comment Share on other sites More sharing options...
-JQ- Posted April 22, 2009 Author Share Posted April 22, 2009 (edited) Thanks for all the reply's everyone. I guess I've always known that if you have to ask "if you need an attorney" ...you should've already had one In my old profession it isn't unheard of to be call on. I just thought that maybe --- since having been out of that biz for a while -- I had skated free with no appearances. It figures that it would be these people. It is an interesting story that maybe someday I can share....it'll just be another episode in my "made for TV" Lifetime Channel mini-series...with Harry Hamlin appearing as "HK" - and yes Meridith Baxter-Bernie will be in it too. Edited April 22, 2009 by hk_mtbr Link to comment Share on other sites More sharing options...
-JQ- Posted April 22, 2009 Author Share Posted April 22, 2009 I have learned that lawyers/police frequently use lies/deception to gain info. They will lie to you to get what they want/think. GO GET A LAWYER. You really don't know what they want from you,.....even when they are smiling and telling you. IMHO "behind every smile there are teeth" -sun tzu Link to comment Share on other sites More sharing options...
Bear23 Posted April 22, 2009 Share Posted April 22, 2009 Worth every penny to get an attorney. nothing in the legal system is ever 'easy' or 'simple' Depositions are stressful and time consuming. protect yourself. Link to comment Share on other sites More sharing options...
Flatland Shooter Posted April 22, 2009 Share Posted April 22, 2009 If you have received a subpoena, and the party issuing the subpoena has effected proper service and complied with any statutory requirements relating to serving a subpoena (for example, in my state you would receive a small witness fee and mileage check), the court absolutely does indeed have jurisdiction over you. If you do not appear, you may be ordered to a show cause hearing, and ultimately could be found in contempt of court. If you live in TX you only have to appear for in state issues. For out of state issues it has to be at the Federal level for them to compel you to appear. I was also advised that in Texas (a really big state) they cannot force you to travel more than 250 miles without compensation. Also not an attorney but did consult one a while back. Link to comment Share on other sites More sharing options...
Jim Norman Posted April 22, 2009 Share Posted April 22, 2009 A cheap lawyer is probably the most costly hire you can make. Ranks up there with cheap brain surgeon. Last case we had took 6, yes that is SIX years to settle. The jury was out less than 30 minutes. We won. But the stress was incredible. Had we not had good representation it could have been very different. We receive a summons or subpoena we call our carrier immediately, we answer NOTHING until then. Jim Link to comment Share on other sites More sharing options...
davidwiz Posted April 25, 2009 Share Posted April 25, 2009 Neomet is wrong - If you have been served with a proper subpoena to testify, you must comply with it (unless you move to quash it). If you don't show up, you can be held in contempt of court and possibly, sent to jail. I don't think it would hurt to have an attorney knowledgeable about litigation in your state present at the deposition. Each state has different rules about depositions. For example, in NJ, you can only object to the form of a question - you can't raise any issue regarding the substance of the question, relevance, etc. In PA, you can object to everything under the sun (but most attorneys just make the objections for the record and let the questioning proceed). If you do not know of an attorney, call your local county bar association, as they most likely have an attorney referral service. Link to comment Share on other sites More sharing options...
Bret Heidkamp Posted April 25, 2009 Share Posted April 25, 2009 Hire the attorney. Immediately. Then go to the range and relax. Link to comment Share on other sites More sharing options...
SA Friday Posted April 25, 2009 Share Posted April 25, 2009 I have learned that lawyers/police frequently use lies/deception to gain info. They will lie to you to get what they want/think. GO GET A LAWYER. You really don't know what they want from you,.....even when they are smiling and telling you. IMHO Gees, you say that like it's a bad thing. Deception is a completely acceptable form of electing a confession of wrong-doing. Tons of case presidence on this. HK, been deposed in both civil and criminal matters dozens of times. I've NEVER been deposed in a civil matter no matter what my status was in the situation without an attorney, period. I have been deposed as a Fed in criminal matters multiple times without an attorney. Get an attorney. Link to comment Share on other sites More sharing options...
GIO Posted April 25, 2009 Share Posted April 25, 2009 If they have an attorney you need an attorney period. Link to comment Share on other sites More sharing options...
Bruce Posted April 25, 2009 Share Posted April 25, 2009 (edited) Yea I hope to get more info on it soon. I'd rather just give 'em nudge in the right direction...then they could dig it up for themselves When it comes down to it, these people are doing/or have done others harm. I was glad to leave when I did - which was ASAP. Maybe I should have mentioned any "non-disclose" issues have past...>3 years past employ... Since there is more to it than being a simple fact witness, ie., witnessed a car wreck and someone in it wants your testimony. Go pay for the advice of a good lawyer. Some small town lawyers are as good as they get, anywhere. Some big city lawyers are as bad as they get, anywhere. Size of the place where the lawyer works is not a good way of judging quality. Experience matters. Surely you know someone, or shoot with someone, or you know a judge, or someone who knows a judge, who can refer you to a good litigation attorney who will meet with you and discuss whatever is on your mind. You might not need him / her, but with the facts you posted? Impossible to tell. Edited April 27, 2009 by Bruce Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now