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A is planning to have her mental health care provider(s) testify

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A is planning to have her mental health care provider(s) testify at trial. Is it ok for A to call them before her attorney does - not to influence them but to find out what they would say -- that is, whether their opinions would be helpful?

Also, if A's attorney noticed depositions of several mental health care providers without having spoken to them first to see if their opinions would be helpful or bad for A's case, can A subsequently cancel the depositions or would B still be entitled to take them even though she hadn't noticed the depositions and wouldn't have, since the notices went out an hour before discovery closed.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

There is nothing to legally prevent the client from contacting the provider to discuss what the provider intends to tell the client's attorney, or to testify about---however it is a bad idea because there may be something that might be discussed by the client that would ten not be protected by doctor patient privilege, and which could ultimately hurt the case. As an attorney I would demand that my client not ever do that.

If A notices a deposition and decides not to go through with it, they may cancel the deposition. B has no independent right to compel the deposition to go forward on that date if A noticed it and A later canceled it. B would have to re-notice the depositions, and if discovery had closed, that would prevent the re-noticing of the deposition.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,


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