Would this be a valid reason to delay a deposition in a family law custody case?
Family Law case, opposing counsel wants this to go to trial and is requesting a deposition. I am not opposed to a deposition, I understand the process, the issue is Minor's Counsel in this case as brought up an issue to disqualify opposing counsel under rule 3.7. we have a hearing set for this disqualification and there is a good certainty this lawyer will be removed from the case. That is why I want to delay until after this hearing and their possible removing. why sit for a deposition when the changes of this lawyer being removed is possible and another lawyer may come in. There is also no hearing on the calendar, we have a TSC scheduled a few days before their desired deposition date. This is also the second TSC because the ex parte for the disqualification was later that day for our TSC meeting. Is that a valid enough reason to request a protection order to delay the deposition until after the disqualification hearing?
I would firmly but politely seek to have the targetted attorney take the deposition off calendar perhaps with a simplified way for the attorney or replacement attorney to reschedule it and serve notice. The TSC needs to be continued too. My sense is that trial is futile if both you and minor's counsel are against this attorney and his/her client unless discovery turns the case around for the opposing party and discovery should await the disqualification. Disqualification is rare but Minors Counsel is entitled to great respect and I suspect has good cause for the pursuit. Best wishes.
No A.I. has been used in preparing or posting this answer, and none is respected by me here.
TSC is not a big thing and they can be continued. The case is not ready for trial. You don't say if the attorney is you attorney or the other side. Delay of a deposition, if an attorney is involved in both the deposition AND the motion for recusal would make sense. If not, the other side would still want an attorney to come in and have time to prepare for the deposition. That is the normal course of things. We don't do trial by ambush.
Dawn M. Saenz is licensed to practice law in the State of California and the California Supreme Court, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation.
