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My attorney is reluctant to depost a witness. How can I assure the deposition is performed?
Temecula, CA
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Posted 10 months ago in Litigation
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I have suffered a traumatic injury, and have a case going against the employer (their insurer) who have sent me to a couple of medical practitioners for evaluation, etc. The insurer wants to avoid/evade responsitility for my care which could be costly.
The insurer has deposed me, and recently started to depose one of the medical practitioners who apparently made recommendations that they did not like. After starting, they called the deposition off. How can I compel my attorney (who seems reluctant) to do the deposition? - Is this your question? Add additional information Answers (1)
Ronald Anthony Sarno
This attorney is licensed in New Jersey and 1 other state.
Posted 10 months ago.
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Your lawyer may believe it would be in your best interest to not go forward with the deposition. Always good to ask what the stratyegy is. Also, if this doctor recommended treatment, and a part of his deposition has been recorded, that can be used to support your case. It is very common for insurers to evade responsibility especially when the treatment can be expensive and time consuming. Second guessing your attorney is usually not a good approach unless you intend to change. I believe a frank discussion with your lawyer may be best. Compelling a lawyer to do something which the lawyer believes is stratgeically wrong never makes sense.
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