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Unethical Deposition- Attorney Collusion

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missimp

Junior Member
I was recently deposed on a Thursday for a family matter/ divorce case (not mine). That family law attorney works for the same firm that is representing my ex husband on an open civil lawsuit matter between him and I. During the deposition he started asking me questions pertaining to my civil case that I conveniently had a hearing to dismiss the motion on that following Monday. After 20 minutes of questioning me about my current open litigation (separate case than he is assigned to) I stated that I would not answer any questions pertaining my open litigation case without my attorney present. He then asked a couple questions back to the family law deposition and ended the depo. I have a copy of the depo and My attorney has sent a Spoliation letter to the firm in the matter of my civil case. I would like to report him to the Florida BAR for unethical conduct, collusion. Is this grounds for an ethical violation against him or the firm?
 


Zigner

Senior Member, Non-Attorney
I was recently deposed on a Thursday for a family matter/ divorce case (not mine). That family law attorney works for the same firm that is representing my ex husband on an open civil lawsuit matter between him and I. During the deposition he started asking me questions pertaining to my civil case that I conveniently had a hearing to dismiss the motion on that following Monday. After 20 minutes of questioning me about my current open litigation (separate case than he is assigned to) I stated that I would not answer any questions pertaining my open litigation case without my attorney present. He then asked a couple questions back to the family law deposition and ended the depo. I have a copy of the depo and My attorney has sent a Spoliation letter to the firm in the matter of my civil case. I would like to report him to the Florida BAR for unethical conduct, collusion. Is this grounds for an ethical violation against him or the firm?
That is a great item for discussion with your attorney. You should ask your attorney.
 

quincy

Senior Member
I was recently deposed on a Thursday for a family matter/ divorce case (not mine). That family law attorney works for the same firm that is representing my ex husband on an open civil lawsuit matter between him and I. During the deposition he started asking me questions pertaining to my civil case that I conveniently had a hearing to dismiss the motion on that following Monday. After 20 minutes of questioning me about my current open litigation (separate case than he is assigned to) I stated that I would not answer any questions pertaining my open litigation case without my attorney present. He then asked a couple questions back to the family law deposition and ended the depo. I have a copy of the depo and My attorney has sent a Spoliation letter to the firm in the matter of my civil case. I would like to report him to the Florida BAR for unethical conduct, collusion. Is this grounds for an ethical violation against him or the firm?
The attorney should not have asked you questions about any case where he knows you have legal representation. The attorney should have limited his questions to the family law matter.

I suggest you discuss this with your own attorney who can advise you on whether filing an ethics complaint against the attorney is something you will want to consider and pursue.

I don't know what the "spoliation" or "collusion" is all about.

You have an attorney so you should discuss this with him.
 
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Taxing Matters

Overtaxed Member
The attorney should not have asked you questions about any case where he knows you have legal representation. The attorney should have limited his questions to the family law matter.
I agree except to the extent that the questions asked were actually relevant to the case the deposition was for. Whether any questions asked fell in that category, of course, I have no idea.
 

quincy

Senior Member
I agree except to the extent that the questions asked were actually relevant to the case the deposition was for. Whether any questions asked fell in that category, of course, I have no idea.
There was no indication given that the two legal cases are related.
 

quincy

Senior Member
No, but the information being requested might be relevant to both cases...
Possibly. If that was the case, though, the attorney conducting the deposition should have asked Missimp if she wanted her attorney present for questioning that touched on Missimp's civil case.

Missinp said the family law case for which she was deposed was a "separate case that [the attorney] is assigned to."
 

TigerD

Senior Member
Relevance is a broad window to climb in.
The OP should not have gone to a deposition without counsel. Additionally, she should have discussed it with her attorney beforehand.
 

quincy

Senior Member
Relevance is a broad window to climb in.
The OP should not have gone to a deposition without counsel. Additionally, she should have discussed it with her attorney beforehand.
Agree.

Depositions can be mine fields for deponents who attend without an attorney to offer guidance.


(it is good to see you back, TigerD :))
 
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