Does my deposition in a medical malpractice case have to take place in dr's lawyers's office?

Asked over 1 year ago - Bloomingdale, IL

Have a medical malpractice case in Cook County IL. My deposition is scheduled at the doctor's lawyer's office. My attorney said it has to take place there and wanted to prep me 30 minutes prior to deposition
in the opposing counsel's offices. This doesn't sound right. Does this have to be this way?

Attorney answers (5)

  1. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . I am a bit amazed when people who have serious cases and have hired lawyers ask questions online. Is it because you don't like your lawyer? Your lawyer won't talk to you? I'm just surprised, because one thing your lawyer can explain to you is the whys and why nots of your case.

    Okay, enough of that.

    Simple answer is typically, at least in Illinois, depositions take place at the office of the person taking them. So, if the other lawyer is taking your deposition, it takes place in his office. If your lawyer is taking the other side's witness, it will likely go in his office. Medical depositions often occur where the doctor offices, for efficiency sake and so the chart is handy. Subpoena depositions of non-party's take place wherever they are noticed, usually in the lawyer's office who noticed them.

    A deposition is your chance to be asked about and answer oral questions about the incident, similar to the written answers (interrogatories) you have already provided.

    It gives the other side a chance to judge your credibility, lock you into a statement that cannot be changed without opening you to impeachment at trial. It's also very stressful and makes you nervous, so it's a hoop to jump through, as it were.

    I certainly hope your lawyer helps you along in explaining some of this in more detail than I just did. You have a lawyer--use him as a resource!

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... more
  2. Brian J. Conneran-Weig

    Contributor Level 9

    2

    Lawyers agree

    Answered . I agree that your attorney should be able to answer these questions for you. That being said, and without knowing anything about your case, I am concerned that your attorney agreed to presenting you for your deposition at opposing counsel's office and I am hoping that the 30 minutes prior to the deposition is not the extent of your attorney's time in preparing you for what will likely be a very important part of your case. You need to speak to your attorney about this.

  3. Jason Todd Studinski

    Contributor Level 20

    3

    Lawyers agree

    Answered . You should talk to your lawyer. Regardless of where a deposition takes place, I think witnesses should be prepared in advance. Take this up with your lawyer.

  4. Josh P Tolin

    Contributor Level 19

    2

    Lawyers agree

    Answered . The attorney-client relationship works only with mutual trust. If you trusted your attorney enough to hire him or her, and he/she is pursuing your case for you, ...... listen to him or her.

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . If that is the place agreed to by the lawyers, then yes.

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