Is it normal for a plaintiffs lawyer to use another unknown lawyer to take the defendants deposition in civil matters?

Asked about 4 years ago - South Dennis, MA

Plaintiff's Lawyer is using another unknown lawyer for the deposition of the Defendant in a trademark / IP case,
is this the Plaintiff's way of avoiding and confronting truth ? can the Defendant refuse to be deposed under this new situation?

Additional information

Thanks Guys, I am a Pro Se Defendant in this case - (I know I know - you hate me now lol) The Plaintiff has already proven to be a liar claiming ownership of a tradmark that actually belongs to another company - I have the valid USA TM Certificate and its been acknowledged by the court - they (Plaintiff) are trying to bully me by inconveniencing me at every opportunity, dragging discovery, witholding evidence, defamation by design - anything so they can steal my goodwill and Business in Europe - but what is preventing their withdrawl is that I have a counterclaim the size of a MAC truck :) and I am looking forward to the deposition - I dont think they are in fact I am holding back the excitement - it is going to make a darn good book! so I am working on my poker face lol ...so it wont matter who handles the Deposition I have truth and resolve, nothing to loose and I dont give a monkeys if I do, I have had an 11 month Rocky moment!

Attorney answers (3)

  1. Andrew Daniel Myers

    Contributor Level 20

    1

    Best Answer
    chosen by asker

    Answered . In law firms there are often more than one attorney handling the case. A more senior attorney perhaps at partner or junior partner may sign on to the case and maintain a supervisory role, while a more junior attorney, often a newer associate, will do the leg work such as motion appearances and depositions. So, those of use who have "been there, done that" often retain an outside attorney for various tasks such as depositions.

    Don't read anything into it. Once, in a products liability case, I retained an attorney who also spent years before law school as a research and development engineer to depose the other side's expert. They were unprepared for the precise engineering questions. Too bad.

    "Can" the defendant refuse to be deposed: yes. "Can" the defendant be sanctioned for refusing to sit for the deposition: yes. The answer to the question as to whether parties in civil litigation have a duty to attend depositions is also "yes."

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

  2. Troy Austin Pickard

    Contributor Level 17

    Answered . Attorneys often contract out work on particular pieces of a case, especially if the attorney works in a firm with other partners or associates. There is nothing unusual about this.

    A party (defendant or otherwise) has no special right to be deposed by any particular attorney.

  3. David Alan Karas

    Contributor Level 7

    Answered . It is common practice in medium and large firms who have associates working under a senior or partner attorney to have an attorney who is unknown to the client attend a deposition.

    If the attorney is from an entirely different law firm or a solo attorney, the attorney may have been hired on a contact basis for overflow work or in the alternative the unknown attorney may have been contracted based upon his/her specific expertise in trademark/IP law.

    So long as the unknown attorney does not have a conflict of interest, the defendant does not appear to have a valid legal reason for refusing to be deposed.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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