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Surly lawyer question- deposition question

Sbbruin

By Sbbruin
in Can You Help Me With This?

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tbone_

tbone_ 14259

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I clerked with a firm in the penthouse of the Allen Center back in the day, used to see Joe around quite a bit. I'd say every third word out of his mouth was fuck, god damn or son of a bitch. Thankfully not directed at me.

So, just like your average surly poster? But with more money.
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Sbbruin

Sbbruin 21912

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So I have been served twice by email, and asked if I agree to accept service by email.  Twice I have said no.  They are trying to save money on process serving and court costs- the subpoena was only signed by the opposing counsel attorney and not submitted to the court.  Nice try.

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Gil Bang

Gil Bang 26099

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1 hour ago, Sbbruin said:

So I have been served twice by email, and asked if I agree to accept service by email.  Twice I have said no.  They are trying to save money on process serving and court costs- the subpoena was only signed by the opposing counsel attorney and not submitted to the court.  Nice try.

I thought lawyers could issue subponeas without court approval?

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Liquor and Poker

Liquor and Poker 3659

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Posted (edited)

Nothing is more frustrating to a deposing lawyer than the pleasant, calm witness who honestly and happily says “I don’t know” or “I don’t recall” in response to every substantive question.  

Not only is it a total waste of prep time, travel time, court reporter and videographer fees, and room rental, there’s really nothing you can as far as whining to the court is concerned. You can’t even use the video for color.  

If the witness is a dick, that’s useful even (maybe especially) if he says nothing useful. That video can be used to make the other side look like a bunch of con men and liars. 

Edited by Liquor and Poker
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TwiceHorn

TwiceHorn 31684

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5 hours ago, SKJ said:

I'm not a lawyer, and I don't even know where a holiday inn is, but can't you just refuse to answer questions?

At your peril. Unless you invoke the fifth, you are supposed to answer the questions.  If the other side wants answers badly enough and their questions aren't totally irrelevant, they can go to the court, they will likely win, and you will be paying for the second deposition. 

 

And it's here that things like demanding formal service, etc. can bite you in the ass. If the other side has to go to the court on an issue related to your deposition or document production, etc. and you have been uncooperative on matters such as scheduling and service, you can get hammered with attorneys fees and such. 

Edited by TwiceHorn
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SKJ

SKJ 1311

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10 hours ago, TwiceHorn said:

At your peril. Unless you invoke the fifth, you are supposed to answer the questions.  If the other side wants answers badly enough and their questions aren't totally irrelevant, they can go to the court, they will likely win, and you will be paying for the second deposition. 

 

And it's here that things like demanding formal service, etc. can bite you in the ass. If the other side has to go to the court on an issue related to your deposition or document production, etc. and you have been uncooperative on matters such as scheduling and service, you can get hammered with attorneys fees and such. 

Wow.

I guess I hope I never get deposed. I have a strong stance of never answering questions.

If you're not a party to the lawsuit, why do you have to answer anything? That seems ridiculous to me. I guess the old I don't recall is all I could even say. Fuck that. 

Seriously, though, if you have to talk, especially in a civil matter where you're not getting sued, why the fuck do we even have a Constitution?

That seems so backwards to me. I mean, could I just say something like I'm just minding my business? Is there a law that compels you to talk about shit that isn't any of your business? That seems stupid to me. I never talk about shit someone else does.

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Sbbruin

Sbbruin 21912

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10 hours ago, TwiceHorn said:

At your peril. Unless you invoke the fifth, you are supposed to answer the questions.  If the other side wants answers badly enough and their questions aren't totally irrelevant, they can go to the court, they will likely win, and you will be paying for the second deposition. 

 

And it's here that things like demanding formal service, etc. can bite you in the ass. If the other side has to go to the court on an issue related to your deposition or document production, etc. and you have been uncooperative on matters such as scheduling and service, you can get hammered with attorneys fees and such. 

Why would I get hammered on attorney’s fees for refusing to accept service via email?  In fact I didn’t refuse, I just didn’t acknowledge.

Edited by Sbbruin
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HouTex

HouTex 1901

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At your peril. Unless you invoke the fifth, you are supposed to answer the questions.  If the other side wants answers badly enough and their questions aren't totally irrelevant, they can go to the court, they will likely win, and you will be paying for the second deposition. 
 
And it's here that things like demanding formal service, etc. can bite you in the ass. If the other side has to go to the court on an issue related to your deposition or document production, etc. and you have been uncooperative on matters such as scheduling and service, you can get hammered with attorneys fees and such. 

This is correct.
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NeverMarryAStripper

NeverMarryAStripper 22030

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Wow.
I guess I hope I never get deposed. I have a strong stance of never answering questions.
If you're not a party to the lawsuit, why do you have to answer anything? That seems ridiculous to me. I guess the old I don't recall is all I could even say. Fuck that. 
Seriously, though, if you have to talk, especially in a civil matter where you're not getting sued, why the fuck do we even have a Constitution?
That seems so backwards to me. I mean, could I just say something like I'm just minding my business? Is there a law that compels you to talk about shit that isn't any of your business? That seems stupid to me. I never talk about shit someone else does.

Well, you could say the same thing about being called to testify in court as a witness when you are not a party to the suit or being charged in a criminal trial.
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SKJ

SKJ 1311

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1 hour ago, NeverMarryAStripper said:


Well, you could say the same thing about being called to testify in court as a witness when you are not a party to the suit or being charged in a criminal trial.

Well, then I guess we would have to find out what they're willing to do...

I've never been compelled to testify in court, but I would just tell them upfront, then flat-out refuse

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SKJ

SKJ 1311

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1 hour ago, DanRydell said:

 


At which point you would be fined and/or jailed.

 

Which seems perfectly reasonable for someone who just wants to mind his own business.

But I guess they'll do what they have to do, just as I.

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  • 2 weeks later...
Sbbruin

Sbbruin 21912

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On 12/13/2018 at 8:07 PM, Tonesky said:

Open your wallet and hire a fucking lawyer. 

I have my depo on Wednesday.  And yes, I have hired an attorney.  He's the best lawyer in LA.  He's such a good lawyer, that by Thursday morning, the deposing attorney's gonna be working in Alaska.  So she better dress warm.

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TwiceHorn

TwiceHorn 31684

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On 1/6/2019 at 7:07 PM, Sbbruin said:

Why would I get hammered on attorney’s fees for refusing to accept service via email?  In fact I didn’t refuse, I just didn’t acknowledge.

You would not be hammered solely for "demanding" formal service. However if you continue on a course of obstreperousness, it could be one of several factors indicating your lack of cooperation, which could result in an award of attorneys fees in a scenario like I painted. You kind of never know when a single act of shittiess is going to come back and bite you on the ass when plugged into a larger picture.

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TwiceHorn

TwiceHorn 31684

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On 1/18/2019 at 5:32 PM, Sbbruin said:

I have my depo on Wednesday.  And yes, I have hired an attorney.  He's the best lawyer in LA.  He's such a good lawyer, that by Thursday morning, the deposing attorney's gonna be working in Alaska.  So she better dress warm.

Avenatti?

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Upgrayedd

Upgrayedd 5824

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On 1/18/2019 at 4:32 PM, Sbbruin said:

I have my depo on Wednesday.  And yes, I have hired an attorney.  He's the best lawyer in LA.  He's such a good lawyer, that by Thursday morning, the deposing attorney's gonna be working in Alaska.  So she better dress warm.

10zvcyt.jpg

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4th and 5

4th and 5 4926

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On 1/7/2019 at 2:27 AM, SKJ said:

Which seems perfectly reasonable for someone who just wants to mind his own business.

But I guess they'll do what they have to do, just as I.

After about 3 hours in jail with 179 days to go, you’d be begging to answer any question I had.

On 1/18/2019 at 5:32 PM, Sbbruin said:

I have my depo on Wednesday.  And yes, I have hired an attorney.  He's the best lawyer in LA.  He's such a good lawyer, that by Thursday morning, the deposing attorney's gonna be working in Alaska.  So she better dress warm.

So you start this thread, and we get no after action report? Did you act like a tool and get your shit handed to you?

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Chewbacca

Chewbacca 7793

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On 1/18/2019 at 4:32 PM, Sbbruin said:

I have my depo on Wednesday.  And yes, I have hired an attorney.  He's the best lawyer in LA.  He's such a good lawyer, that by Thursday morning, the deposing attorney's gonna be working in Alaska.  So she better dress warm.

Did he send her to Fairbanks or Anchorage?  Or maybe Sitka?  Homer?

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DoobieWah

DoobieWah 1476

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On 1/18/2019 at 5:32 PM, Sbbruin said:

So she better dress warm.

Pics of opposing attorney?

(Is this Nam?)

ETA:  Don't do this.

On 12/12/2018 at 4:03 PM, Sbbruin said:

I have not been asked to bring records but I will as they support the position I am taking.  

Edited by DoobieWah
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Liquor and Poker

Liquor and Poker 3659

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On 1/30/2019 at 8:28 AM, 4th and 5 said:

After about 3 hours in jail with 179 days to go, you’d be begging to answer any question I had.

 

On 1/30/2019 at 3:12 PM, SKJ said:

Ha ha ha ha you're not serious, are you?

People who react like this seriously need to spend 3-4 days in jail.  Unless you like jail (some people like being told what to do, when to do it and where to do it).  If that’s the case, you’ll get there on your own.  

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TwiceHorn

TwiceHorn 31684

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The back story on 4th&5s post is the ultimate personal sanction (not monetary or dismissal of your suit), for non-cooperation or abuse of the discovery process, in Texas, is a civil contempt citation and sentence of 180 days in the county jail.  Usually, that is "purgeable," ending the jail sentence, by providing the requested and ordered discovery.

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