I agree - you need to express these concerns to your lawyer and tell him or her that you are unhappy with the way things are going. You do always have the right to speak to other attorneys and retain a different attorney to handle your case if you are still unsatisfied with your representation.
Best of luck.
Joseph L. Ciaccio is a New York attorney with the Law Offices of Joseph M. Lichtenstein, P.C. (medicalattorneyny.com). The answers posted herein are not legal advice and does not create an attorney-client relationship.
Its not really clear what happened here. If your attorney was unavailable you should not have shown up at a deposition without representation. If you are unhappy with your representation, you have the right to fire your attorney and find a different one.
I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
I'm slightly confused - was your lawyer present for your actual deposition and the real complaint is that you were deposed before the plaintiff (with lawyer present)?
If it's just that you were deposed first, it may be a tactic that your attorney is planning on using to your advantage - I've used it myself in the past to great advantage. Talk to your attorney about it - if someone else is paying your bill (i.e. an insurance company), then you may want to talk with them about switching attorneys if you are not satisfied.
Good luck with your situation.