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Does my deposition in a medical malpractice case have to take place in dr's lawyers's office?

Bloomingdale, IL |

Have a medical malpractice case in Cook County IL. My deposition is scheduled at the doctor's lawyer's office. My attorney said it has to take place there and wanted to prep me 30 minutes prior to deposition
in the opposing counsel's offices. This doesn't sound right. Does this have to be this way?

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Attorney answers 5

Posted

I am a bit amazed when people who have serious cases and have hired lawyers ask questions online. Is it because you don't like your lawyer? Your lawyer won't talk to you? I'm just surprised, because one thing your lawyer can explain to you is the whys and why nots of your case.

Okay, enough of that.

Simple answer is typically, at least in Illinois, depositions take place at the office of the person taking them. So, if the other lawyer is taking your deposition, it takes place in his office. If your lawyer is taking the other side's witness, it will likely go in his office. Medical depositions often occur where the doctor offices, for efficiency sake and so the chart is handy. Subpoena depositions of non-party's take place wherever they are noticed, usually in the lawyer's office who noticed them.

A deposition is your chance to be asked about and answer oral questions about the incident, similar to the written answers (interrogatories) you have already provided.

It gives the other side a chance to judge your credibility, lock you into a statement that cannot be changed without opening you to impeachment at trial. It's also very stressful and makes you nervous, so it's a hoop to jump through, as it were.

I certainly hope your lawyer helps you along in explaining some of this in more detail than I just did. You have a lawyer--use him as a resource!

Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL
773-944-9737
Email: stephen@hofflawyer.com
Website: www.hofflawyer.com
Blog: www.hofflawyer.com/blog/

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

Posted

You should talk to your lawyer. Regardless of where a deposition takes place, I think witnesses should be prepared in advance. Take this up with your lawyer.

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

I like to say the hardest part of presenting one's own witness for deposition is the preparation. If an attorney does a great job prepping a witness, he or she should be able to say nothing during the deposition. In a medical malpractice case, I would think 30 minutes is ridiculously inadequate. There are many schools of thought and some lawyers do not like to make their clients nervous or "over prep" them. However, in a major, document heavy case, like a medical malpractice case, there has to be far more thought put into this. In fact, the best practice, many agree, is to prepare in stages over the course of weeks or days. Not every case warrants it and not every witness does., but a half an hour on a case your lawyer is undoubtedly spending tens of thousands of dollars in costs on seems like short shrift, but I hope I'm wrong.

Posted

I agree that your attorney should be able to answer these questions for you. That being said, and without knowing anything about your case, I am concerned that your attorney agreed to presenting you for your deposition at opposing counsel's office and I am hoping that the 30 minutes prior to the deposition is not the extent of your attorney's time in preparing you for what will likely be a very important part of your case. You need to speak to your attorney about this.

Posted

The attorney-client relationship works only with mutual trust. If you trusted your attorney enough to hire him or her, and he/she is pursuing your case for you, ...... listen to him or her.

Stephen Laurence Hoffman

Stephen Laurence Hoffman

Posted

And if you are asking strangers questions on the Internet rather than talking to that lawyer you hired who has had your case for probably years, I think that speaks volumes about trust or lack thereof.

Josh P Tolin

Josh P Tolin

Posted

How true!

Posted

If that is the place agreed to by the lawyers, then yes.

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