Depositions and Slander

[Tommmm]

Hi, live in Maryland.

I am evidently eventually going to be deposed in a divorce case (not mine but a co-worker). The lawyer representing one of the parties sent me letter which several lawyers suggested I file an attorneys grievance over. Here are the contents....

The letter suggests (without merrit) that during my upcomming (not yet subpoena'd) diposition for the divorce case, the diposition questioner (lawyer) will attempt to 'get information out of me' (quote) for a possible slander suit (without merrit) to possibly be filed later. I believe these are intimidation tactics being used against an innocent witness for one of the parties.

In either case, my question is: Is it legal that I ask to be deposed on a divorce hearing when the attorney clearly stated in a letter that the deposition would be used both for the divorce hearing and later for a possible slander case??? It seems to me that a deposition ought to be specific to the case for which it is called and not have cross purposes. Is this legal? Should I be concerned? Can I object to attending the deposition based on the stated purpose of the deposition in the letter?

ThanksWhat is the name of your state?

 

[quincy]

First of all, I am not an attorney, and an attorney will post here to correct any misinformation I provide, but this is what I found after research:

Courts are more likely to find depositions unreasonable if you are summoned to two separate depositions successively that cover basically the same material. If the slander suit has some bearing on the divorce case, some questions would, out of necessity, be duplicated in two separate depositions. By having one deposition covering both related cases, you only need to provide the information once. In many ways it seems that the attorney is trying to relieve you of the burden of appearing twice.

If, however, other attorneys you have spoken with have suggested you file a grievance, they apparently have more facts available to them than I have, and you might want to consider their advice over the advice you receive on a forum.

 

[seniorjudge]

Q: Is it legal that I ask to be deposed on a divorce hearing when the attorney clearly stated in a letter that the deposition would be used both for the divorce hearing and later for a possible slander case?

A: Yes; this is economics. Why have two depositions when one will do?




As quincy said: "...If, however, other attorneys you have spoken with have suggested you file a grievance, they apparently have more facts available to them than I have, and you might want to consider their advice over the advice you receive on a forum...."

I agree. If more than one attorney has told you that you should file a grievance, then we don't have all the facts. So ask them to make sure; then file the grievance if there is some ethics violation (and none was indicated in your first post).

 

[Tommmm]

Thanks for the replies

Clarifying...there is as yet NO SLANDER CASE FILED. Only a threat to bring one in a letter asking me to come in for a divorce deposition. Since there is no Slander case that has been filed, my question is that since he STATED IN THE LETTER that it is his intention to get information for both cases (The domestic divorce case AND the AS NOW IMAGINARY POTENTIAL slander case) I feel that I would want to OBJECT to answering questions in this divorce case deposition when he clearly indicated that it would be used for his NOT YET FILED slander case. If he wants to persue a slander case he should file it THEN he can use the deposition for BOTH cases but NOT BEFORE? This is my question. Can he ask questions about a Slander case when no case has been filed? Can the deposition taken in the divorce case be used in any future case? All cases that might be imagined? Or can it be used only for its stated purpose?

 

[tranquility]

If you're so concerned, and the "slander case" has nothing to do with the divorce proceeding, get a protective order. Make a motion at the court listed on the subpoena.

He can ask the questions in a deposition and you have to answer all questions, except those you claim priviledge for, so you would have to answer them. Or terminate the deposition and get a protective order at that time. The problem with waiting is that, if you're wrong, you'll be paying the costs of the depostion.

 

[las365]

several lawyers suggested I file an attorneys grievance

Assuming this is true, which I doubt, what did these several lawyers say about the deposition itself and the questions they think are allowable?

 

[Tommmm]

Remember, I am not the one getting divorced. I am just a friend to one of the parties and the opposing party want to depose me. The two attornies that suggested I file a grievance were the attorney of the friend and one that I consulted with. The reason for their opinion is that it appears that the letter is meant to intimidate rather than just ask for a deposition. If they had just politely asked me to come in for a deposition I would have had no problem with that. But to start out with a sentence that accuses me of harrassment and then threaten a lawsuit when I barely know the party ??? Geesh. I'm not sure why you "doubt it"?

 

[quincy]

When I read your post originally, I assumed that the slander issue involved the two divorcing parties. Are YOU the one who slandered someone???

 

[Tommmm]

Absolutely not

No I did not slander anyone ... I don't even know the party much less have any interest in slandering. My interest in this case is very minimal. I happen to be a witness to spousal abuse and testified in court on what I saw. How could I not when asked ? With that, the next thing I know I get a letter from the party's lawyer who informs me (not asks) that I have slandered his client and that he wants to convince his client to pursue a slander charge. The allegations are unfounded. That's where I stand. I don't know anything about their slander situation. Truth be told, I didn't even know the last name of that lawyers client until I got the letter from the lawyer. I had to think to myself, "now who is this?" When I realized it was one of the parties to the divorce I thought to myself “… I thought they both had the SAME last name” ! I feel like a collateral damage victim. I've got other things to do with my life much less ruin anyone else's for ANY reason. My motto is live and let live. I'd be hard pressed to say anything bad about someone even if the bad was obvious. It's not my thing. Its just not and that makes this preposterous.

 

[quincy]

So, you testified IN court about spousal abuse you witnessed, before a judge, during a hearing on this divorce case? Well, if this is what the opposing party's attorney is claiming as slander, everything you said in court is PRIVILEGED, so you cannot be sued for slander at all. Draft a letter, or have your friend's attorney draft a letter, saying as much, or if the attorneys you have spoken to recommend filing a grievance, do so. The opposing party's attorney DOES sound like he is trying to intimidate you, if this is, in fact, what he is threatening to sue you over.

I am not an attorney, so you might want to wait to hear what they say now about the deposition questions. The opposing party's attorney MAY be able to ask about the spousal abuse in the deposition questions, but you MAY be able to object. I am not sure on that.