Employment Law Questions? Ask an Employment Lawyer.
Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.
Here is the law that applies. It does state that the NY IG has the power to subpoena witnesses and records. As to the scope of the subpoena it would be limited to the terms stated on the subpoena. So, it the subpoena was not broad enough to cover the inquiry about the ex-company, your son had a right to object on those grounds and not answer.
I am not sure how he was compelled but if it was not by a court order and if he continued to answer even though he did not want to and without a lawyer, it may be very difficult to do anything about it now as it will be deemed a waiver.
The IG can take a deposition without a lawyer present if you do not object ahead of time and ask for time to find a lawyer to represent you.
I know this is not the answer you wanted to hear, but I am assuming that you are wanting a professional and honest answer.
The time to get the lawyer should have been before the date and time the deposition was scheduled. If that was not enough time, then the thing to do would have been to seek a protective order so that you could ask for more time to hire a lawyer. The lawyer that is there from the IG's office does not have a duty to inform you of these of your rights and thus I do not see a viable ethics complaint here.
Sorry, but we are not permitted to represent JA's customers in real cases.
Yes, he should be able to contact the court reporter and obtain a copy of the deposition transcript. He also can ask to read, correct, and then sign the deposition; that should have been asked of him at the end of the deposition by the court reporter.