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I am being sued, pro se. I am pro se defendant. I am being deposed. Can I hire a lawyer just to represent me at the deposition?

Torrance, CA |

And if I have a schedule conflict for date of deposition, can I ask to Plaintiff to reschedule? What if he says no to rescheduling?

Attorney Answers 5


I must respectfully disagree with my colleague Mr. Swigart. Yes, you can hire a lawyer to represent you at your deposition, only, or to perform other discrete tasks or with respect to particular court appearances.

Depending on the services performed the party and attorney may have to serve and/or file a substitution of attorney form or a Notice of Limited Scope Representation Form:

For more about limited scope representation visit the California Courts website at:

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No. If you are going to hire an attorney they will have to come into the entire case. If you want to reschedule the deposition you will need to work with the other side. If that does not work you will have to file for a protective order.

Hyde & Swigart is a law firm concentrating its efforts in the area of consumer law, the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”), and California's Rosenthal Fair Debt Collection Practices Act, California Civil Code §§ 1788-1788.32 ("Rosenthal Act"). Our lawyers are specially trained in the Federal FDCPA, Consumer Defense, and other consumer related matters. Our goal is to protect you against unfair, deceptive and abusive debt collection practices. Creditors, professional debt collectors, and attorneys who violate the law are subject to paying damages, statutory penalties, and the consumer's attorneys fees and costs. If you feel you have been abused, deceived or treated unfairly, you may need a lawyer. We can be reached at 619-233-7770, through one of the evaluation forms on this site or at

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Yes, you can retain an attorney just for the purpose of defending the deposition.

Yes, you can ask the plaintiff to re-schedule the deposition if you have a legitimate reason and are not asking for an unreasonable postponement. If he says no, and you don't show up, then the plaintiff would have to make a motion to compel your attendance at deposition. If you've documented your reasonable request for postponement, you should successfully defeat such motion.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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Yes you can. However, finding a good lawyer to handle just the deposition will be hard-not impossible, but hard. Kind of like asking a doctor to step into the surgery, make one surgical move without full awareness of what came before, and no control about what comes after. Not many doctors I know would agree to expose themselves to such a liability----same same for lawyers.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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yes you can hire a lawyer to represented you at the deposition.

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