first it is never wise to appear to a depo without an attorney, the reason being is that if improper questions are not objected to, the objection is forever waived. So it is imperative to have an attorney present.
One can contact the attorney and instruct the attorney to reschedule the deposition for a time when the attorney will be able to be there. It is possible the plaintiff will refuse, and they can request sanctions- basically request the court to order that defendant pay for the cost of the deposition that was scheduled and did not take place.
If that is the case then the client can request reimbursement from the attorney, because under the Rules of Professional conduct the attorney has a duty to defend/represent their client and to keep the client informed as to the case. Not advising or prepping for a depo is a serious concern.
If an attorney violates the professional rules of conduct a complaint can be filed here:
The rules are located here:
But presumably the attorney will contact the other side and schedule a continuance if the attorney failed to notify the client of the proceeding.
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