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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12406
Experience:  JD, MBA
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I'm at my wits end. In 2013, my partner of now 32 years and

Customer Question

I'm at my wits end. In 2013, my partner of now 32 years and I moved into a house loaded with pest infestations including cockroaches, ants, spiders, and as we later learned, bed bugs. During the course of the four months we stayed there, we lost a lot of fair-weather friends, I was hospitalized with cellulitis and osteomyelitis that resulted in the amputation of my toe and I have had major health problems ever since. My partner and I filed a lawsuit and we are now up to the deposition phase. Today, my partner gave a deposition which was coached by our attorney. Some of the responses were so far from accurate an they served no purpose but tended to conflict with what I planned to deliver in my deposition scheduled for this Thursday -- that is until it was cancelled by my attorney in conjunction with the defense attorney. Moreover, there was vital evidence I brought with me that my attorney deferred until after my partner's deposition and then he refused to discuss anything with me.
Now, my partner who has never been a deponent before has this idea that a deposition is a tool that attorney's use to alter the facts, diminishing the deponent's involvement. What surprises my partner is that I am deprived from getting any opportunity to explain what happened. Years ago, I was told to tell the truth the best I can; my partner's testimony was not even sworn in properly. Isn't it a criminal offense to conceal the truth or alter it any way? What chance do I have now that I'm denied presenting the evidence? Is there someone in the court system I can contact for help? I can't be the first denied a right to be heard.
Submitted: 1 year ago.
Category: Legal
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

The purpose of a deposition is to learn facts about an opponent in order to undermine the opponent's claims in court. In other words, the purpose of the deposition of your partner, and the now canceled deposition of you was not to help your case. Rather, it was to help your opponent's case. There is no need for your own attorney to depose you and your partner because you can simply tell your attorney what happened and what you'd say on the witness stand at the trial. It is the trial, and not a deposition, where you can tell all about what happened. That is where you can be heard.

But you are correct that you need to answer truthfully when placed under oath, whether it's at a deposition or at a trial.

In any event, you aren't being denied the right to present evidence or to be heard. That is what a trial is for. Again, the deposition was for the benefit of the other party. You should be glad that yours was canceled.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!