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In deposition What kind the questions Plaintiff's attorney can ask me for allegaing willful and maliciouse injury.

Boston, MA |
Filed under: Litigation Discovery

The Plaintiffs allegated four counts and their attorny has promised "over six months ago" to drop three counts leaveing us with willful and malicious injury for bleaching a contract. Now Plaintiffs attorney plans to ask wide rage of questions which including all the counts including the ones he promised to drop. What is my legal right. I feel that only questions related to willfull and malicious should by asked nothing more. My lawyer dose not feel this is a big issue but I do.

Attorney Answers 4


All of the other answers are on point. The scope of discovery is broad and the lawyer likely is looking for evidence ti support the three counts that he or she agreed to "drop" months ago. Mass. R. Civ. P. 26(b)(1) describes the general scope of discovery as follows:

(b) Scope of Discovery. Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows:

(1) In General. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

Therefore, until the lawyer drops the counts, the questions will be relevant to the subject matter of the action or, at the very least, appear reasonable calculated to lead to the discovery of admissible evidence, as set forth in the first answer above.

Mr. Thomas is licensed to practice law in Massachusetts. This response is not legal advice and does not create an attorney/client relationship. This response is in the form of legal education and is intended to provide general information about the matter within the question. Often, the question does not include significant and important facts and timelines that, if known, could significantly change the reply. Mr. Thomas strongly advises the questioner to confer with an attorney to make sure he or she gets all relevant information to make informed decisions about the subject matter.

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The deposing party's lawyer can ask any questions "calculated to lead to the discovery of admissible eviddence," and all elements of any pending claims are fair game.

You've got a lawyer, so follow their advice, it's their job to prepare you for ths depo and to defend you.

Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

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1 lawyer agrees


Pamela is right - this is a matter for your attorney. I expect he/she will take care of business and you are just feeling overwhelmed... but if you do not have confidence in your attorney, then you have a different type of problem there.

Hope this works out OK for you.

These comments are provided for informational purposes only and should not be construed as legal advice on any subject matter. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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If you have a lawyer, you should listen to your lawyer. If you don't trust the lawyer's advice, fire them and get a new one.

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