You should not have been deposed for 5 hours but it is not unusual for the attorney not taking the deposition to speak very little. However, if you are not happy, hire a new lawyer.
The fact that the associate attorney did not ask any questions on the deposition is not unusual. It apparently was a deposition taken by the opposing side.
What is of some concern, based on your statement, was the adequacy of the interpretation at the deposition. You should bring these concerns to the attention of your attorney and review the transcribed copy of your deposition in great detail, making sure that there were not any errors in interpretation which may cause you difficulties as you proceed through the rest of your case. Generally interpreters are somehow certified or approved to participate in legal depositions. Check this certification with your attorney.
What you do not mention, but what comes to mind, is whether or not you were prepared for your deposition by your attorney or a well-qualified person in your attorney's office. I would consider it legal malpractice if you were to participate in a 5 hour deposition and your attorney did not review your prior interrogatory answers with you and prepare you to handle questioning. You certainly are free to change attorneys at any time if you do not believe that you are being adequately represented.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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If your lawyer said nothing, that means you did not say anything he was concerned about and/or the opposing attorney didn't ask anything objectionable. Or your attorney didn't care and just slept through it. We don't know. We also don't know the translator arrangement, although I've certainly had issues with different dialects causing problems. Talk to your lawyer for an explanation. Depositions are limited to 3 hours in Illinois without leave of court.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
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.
Talk to your attorney about the deposition. It should NOT be necessary for extensive preparation. You probably did just fine. In Illinois, there is a 3-hour limit on depositions but this is routinely waived when an interpreter is present because every question is being asked and answered twice.
There are VERY many mediocre interpreters. Their interpretation is not wrong, but imprecise. It had nothing to do with who hired the interpreter. Moreover, it was the Defendant's deposition so they had a right to use their interpreter. You had the opportunity to tell the interpreter, on the record, that he was misinterpreting your answers. If you failed to do so, that is your fault.
If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: firstname.lastname@example.org http://www.themargolisfirm.com
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