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Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 5733
Experience:  20 years professional experience
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I work for New York State in NYC. My son works for a private

Customer Question

I work for New York State in NYC. My son works for a private construction company. I have strict ethics rules at work and I follow. But because of a complaint file by someone , Inspector General office called my son for his deposition under oath to inquired about his employment with the construction company. After that inquiry , IG office suddenly started asking questions about his Ex Company. My son said he does not want answer now because he is not prepared plus he needs his lawyer to be present. But he was compelled to provide deposition. Is it legal? Can he challenged?
Submitted: 2 months ago.
Category: Employment Law
Customer: replied 2 months ago.
To clarify , IG attorney never issued subpoena for Ex company inquiry. They took advantage of his presence for construction company employment inquiry. Is it ethical for IG attorney to compelled deposition without subpoena, no lawyer presence and not volunteer?
Expert:  Maverick replied 2 months ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 2 months ago.

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.

Customer: replied 2 months ago.
What about the question regarding , was the lawyer conduct was ethical.
Because when he said that he want his lawyer to be present , he was told that you don't have that option , you must answer the questions now. Does he has a case to file a complaint to Bar Association.In addition do you provide a lawyer to represent a client in the inquiry like this?
Customer: replied 2 months ago.
One more thing , is he legally eligible to get a copy of transcript or recording of his deposition ? And does he has legal rights to correct the errors if any?
Expert:  Maverick replied 2 months ago.

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.

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