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?

Asked about 2 years ago - 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)

  1. Michael Raymond Daymude

    Contributor Level 20

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    Answered . 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: http://www.courts.ca.gov/documents/mc950.pdf

    For more about limited scope representation visit the California Courts website at: http://www.courts.ca.gov/1085.htm

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

    8

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    Answered . 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... more
  3. Rixon Charles Rafter III

    Contributor Level 20

    9

    Lawyers agree

    Answered . 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.... more
  4. Kevin Samuel Sullivan

    Pro

    Contributor Level 20

    4

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

  5. Joshua Branden Swigart

    Contributor Level 12

    3

    Lawyers agree

    Answered . 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... more

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