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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 9996
Experience:  Just Answer consultant at Self employed
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My husband just found out today he has a depo tomorrow, his

Customer Question

My husband just found out today he has a depo tomorrow, his attorney did not unform him, has not prepared him, and will not be there. What should he do
JA: What state are you in? It matters because laws vary by location.
Customer: Indiana
JA: Has anything been filed or reported?
Customer: Yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: His attorney told him to go and plead the 5th Thats all
Submitted: 7 months ago.
Category: Legal
Expert:  legalgems replied 7 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 7 months ago.

Is this civil or criminal? Is your husband a plaintiff, defendant or witness?

Customer: replied 7 months ago.
Civil, in federal court, he is the defedant
Expert:  legalgems replied 7 months ago.

Thank you;

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:

http://www.in.gov/judiciary/discipline/2373.htm

The rules are located here:

http://www.in.gov/judiciary/rules/prof_conduct/prof_conduct.pdf

But presumably the attorney will contact the other side and schedule a continuance if the attorney failed to notify the client of the proceeding.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 7 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!