Can you refuse to answer deposition questions?
Can you refuse to answer deposition questions?
In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information or the court previously ordered that the information cannot be revealed (source). However, there are certain types of questions that do not have to be answered.
What do you do when opposing counsel won’t respond?
In a nutshell, if opposing counsel isn’t responding:
- Document your repeated efforts at contact, including your statement of the consequence of continued nonresponse.
- Wait a reasonable amount of time.
- To be safe, get a court order authorizing direct contact.
What should you not say in a deposition?
10 Things Not To Do in Your Deposition
- Lie.
- Begin an answer with “Well to be honest with you…”.
- Guess and speculate.
- Engage in casual conversations with the court reporter and other people present in the depositions.
- Volunteer information.
- Don’t review documents carefully.
- Lose your temper.
- Don’t take breaks.
What do you do when your attorney ignores you?
If you think your attorney has acted unethically You can complete a complaint form online or download a PDF complaint form from the State Bar’s website. You may also call the State Bar at (in California) or (outside California) to discuss the complaint-filing process.
How do you fight excessive attorney fees?
If there is no local bar program, the State Bar may provide fee arbitration. To start the process, complete a fee arbitration request form from the local bar association and submit the filing fee. Include information about the attorney’s fees and costs and explain why you believe the attorney’s fees are excessive.
Can you sue for lawyer fees?
The typical attorney-fee clause states that if one party breaches the contract, the other party can sue and recover its attorney fees for bringing the suit. If you have a contract dispute or you if you are negotiating a contract, you should pay careful attention to any language on attorneys’ fees.
Can you negotiate your attorney fees?
When to Negotiate Attorney Fees Rarely will an attorney, or any other professional, offer to reduce their fees. If you want to negotiate the fee schedule with your attorney, you must be the one to bring it up. The time to discuss a fee reduction is at your initial consultation.
What do you say when firing an attorney?
Dear [Name of Lawyer], I have decided to terminate our current legal relationship and have accepted legal counsel elsewhere. I have obtained alternative legal counsel that I believe will best suit the needs of my case, based on their level of expertise and my needs as a client.
How can I fire my lawyer and get my money back?
In order to avoid any potential financial backlash from your decision, you should fire your attorney using a notarized letter that you’ve sent to him or her via certified mail. This letter must outline the reasons that you’ve chosen to fire him or her and demand the repayment of any unused portion of your retainer.
Can you sue a lawyer for not doing their job?
Lawyers may make mistakes from time to time. A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer’s negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.
What do I do if my attorney will not return my calls?
Lawyers: A Client’s Manual by Joseph McGinn tells the steps to use if you’ve reached the point of no return:
- Tell your lawyer directly and give your reasons.
- Send your lawyer a letter of dismissal and retain a copy.
- Arrange to pay any outstanding charges.
- Pick up the file as soon as possible.
- Select another lawyer.
What does it mean when your lawyer doesn’t call you back?
If a lawyer will not return your phone call, then that may indicate that he is neglecting the legal matter that you have entrusted to him. If so, then you may want to retain another attorney. Any new attorney may wish to see the file.
Can I fire my lawyer and hire a new one?
A new attorney should be hired prior to firing your current attorney. You should also terminate the legal relationship with your current attorney in writing and notify the court of any changes in representation.
Can you switch attorneys in the middle of a case?
Fortunately, in most cases, you can change lawyers in the middle of the case. With the court’s permission, you can notify them that you’ve hired a new attorney. There’s paperwork to complete to make the change official. There are also some circumstances where the court may not allow you to make the change.
Can a lawyer drop your case without telling you?
Typically, a lawyer must get the judge’s permission before he or she can withdraw from a case. He or she cannot simply refuse to pass along information or act on the client’s behalf simply because the judge has not yet granted the motion. The court can refuse to honor the request to withdraw.
Can your lawyer fire you?
Although clients generally have an absolute right to discharge their attorneys, either with or without cause, lawyers do not have the same right. A lawyer’s ability to terminate an attorney-client relationship is circumscribed by the rules of professional conduct.
Can your lawyer abandon you?
Generally speaking, the states’ rules of professional conduct permit an attorney to dump a client if the breakup won’t hurt him, such at the very beginning of the case, or if there’s a suitable replacement waiting in the wings. In non-litigation matters, no special permission is required.
How long can a lawsuit drag out?
When civil lawsuits drag out, it can be years until you get the settlement money from your lawsuit. During the litigation process, it’s natural for plaintiffs to feel financial pressure and consider settling their injury claim early for a low-ball insurance settlement, just to get it over with.
Should you tell your lawyer everything?
Most (but not all) criminal defense attorneys want their clients to tell them everything—the good, the bad, and the ugly—because an attorney cannot defend against what he or she does not know. No matter what, with a few exceptions, attorneys are required to maintain lawyer-client confidentiality.
What lawyers should not tell?
Five things not to say to a lawyer (if you want them to take you seriously)
- “The Judge is biased against me” Is it possible that the Judge is “biased” against you?
- “Everyone is out to get me”
- “It’s the principle that counts”
- “I don’t have the money to pay you”
- Waiting until after the fact.
Is everything you tell a lawyer confidential?
Under attorney-client privilege, a lawyer cannot present confidential communications with a client in court as evidence without that client’s express consent. For lawyers, attorney-client privilege is a core concept that enables them to do their jobs by providing clients the assurance of privacy.
What should I say to my lawyer?
5 tips for talking to a lawyer
- Get organized. Try to create a clear, comprehensive story of your situation.
- Be detailed. Seemingly frivolous details like the weather may, at first, seem dismissible.
- Be honest. Plain and simple: Don’t lie.
- Ask to clarify.
- Keep them informed.
