There is not enough information here. It is highly unusual to depose someone's attorney.
Without knowing the claims and defenses asserted in the action, it is impossible to speculate if and to what degree the privilege may have been waived.
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The client is the one to waive privilege...not the attorney. Good luck. I doubt you're going to get anywhere with this if you're representing yourself. I suggest if deposing an attorney is really relevant to your case (and if said attorney is a fact witness to your case), you retain legal counsel to help you navigate this issue.
DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.
The attorney client privilege is sacrosanct. An attorney will only violate the attorney client privilege in a few circumstances, like to defend themselves from a claim against them by the client, for a Bar grievance, if they reasonably believe the client is going to harm someone, from a direct court order, or in similar, limited circumstances.
I suspect he will refuse to answer most of your questions. If he doesn't you can certify the questions to the judge and see if the judge will order him to answer the questions.
This is not to be considered legal advice nor does an attorney-client relationship exist.
I agree with the responses of other counsel, if the client refuses to waive the atty-client privilege i don't see that the atty could properly answer any substantive questions?
Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.
Have you given the former client notice of the depo? Has that client objected? There is very little the atty can say in general. Atty client privilege, work product, etcprotects most things. There are some exceptions, usually having to do with criminal acts, or litigation between the client and the atty.
The attorney client privilege survives the death of the client or so says the United States Supreme Court in the Vince Foster case. You will get very little from the attorney, and I would anticipate you getting reamed by the Judge when you bring the issue before him/her.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
I'll be brief here.
You are wasting your time.
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Spend your precious time and hard earned money in a more productive way. Hire an attorney to litigate your matter.
Of course, as always this answer is general in nature, applies only to Illinois law, assumes certain facts omitted from the question and does not take into account any facts specific to any person’s particular circumstances. No attorney/client relation is created hereunder and I highly recommend you seek first the counsel and advice of an experienced contested civil litigator prior to taking any actions relating to this matter, as seemingly insignificant actions may have unintended consequences.