In civil lawsuits, people frequently have their depositions taken. A deposition is a question and answer session under oath between a witness and at least one attorney. When the witness is testifying on behalf of one party, either the plaintiff or the defendant, Family Lawyers Near Me in Northgate the opposing party’s attorney will do most of the questioning. Usually, the lawyers for all parties are in the room, although not all of the attorneys present choose to ask questions. There is usually a court reporter present taking down what everyone says on a stenotype machine. There are many reasons for lawyers to take legal depositions.
Here are just a few. Rules The most prominent reason someone has to give a deposition is because a lawyer is not allowed to simply call up a witness for the other side and start asking questions. In fact, Find Attorney By Name they are not allowed to speak to them about the case when that person has been designated as a witness for another party. Instead, it must be done in a formal setting. The witness is usually subpoenaed and the lawyer that has designated that person as a witness will usually be present.Information When an attorney believes someone has information that will lead to discoverable evidence in a civil case, they are allowed to take their deposition.
The witness is required by law to cooperate and answer fully and honestly any of the proper questions asked by the lawyers. Oftentimes, the lawyer may not know all of the important facts of the case. There may be people, objective third parties, who witnessed a car accident or that have factual information that is crucial to the case. Learning what they know about it may shed light on the case before it goes to court. This prevents one side from springing surprises on the other during trial.Intimidation On rare occasions, an attorney will take the deposition of a witness for the other side to intimidate or make the person nervous.
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This is more common in domestic dispute matters, such as child custody or divorce cases. It also happens more often to the plaintiff, Divorce Lawyers the party bringing the lawsuit. This is sometimes done to make sure the witness knows the lawyer means business. Playing hardball in a deposition is what happens when the attorney is purposefully trying to make the witness uncomfortable. This may be done to make sure they tell the truth and to find out if the person will drop the case, rather than have to go through similar questioning in court, as well if the case goes to trial.
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Advice from business attorneys in MichiganThe relationship between an attorney and a client is a unique one based on facts and information a client may not let many other people be privy to in normal circumstances. A client has a privileged relationship with his or her lawyer, meaning the information shared between them remains confidential and that both parties can choose which elements of the information shall be kept private and which may be disclosed in public.While attorney-client privilege is universally understood, certain types of lawyers are imposed with exceptions to this privilege based on their practice focus within the law. Transactional attorneys have a different type of attorney-client privilege than most lawyers and the extent of the confidentiality privilege to which they are entitled depends upon the nature of the services they provide to a business and the primary purpose of their services. What affects the confidentiality privilege of transactional attorneys?The type of services provided by a transactional lawyer to a company ranges depending on the company's needs. Services may range from being advisory and consultatory in nature, as in business planning and analyzing, to strict legal representation, as in business dispute litigation.If a business attorney is analyzing or advising on business strategy, managing transactions, or providing business consultations on maximizing assets without providing legal representation for a business, he or she is not entitled to attorney-client privilege. As such, he or she is not required to keep information shared by the client confidential.If a transactional attorney is managing or negotiating a business transaction in which legal issues are involved, he or she is serving as a legal representative for the company. He or she is consequently permitted to employ the confidentiality privilege.Why attorney-client privilege mattersThe confidentiality privilege between a lawyer and their client may not seem significant when your company hires a business law attorney to aid in business transactions, help close deals, and learn options for maximizing company assets. However, if a business dispute should happen to arise during or after a business transaction in which your lawyer was involved and he or she did not provide legal representation in his or her services, the information previously shared with the lawyer is not protected by this privilege and can be shared with the other entity involved in the business dispute. If the other side in the dispute attempts to learn the strategies and interactions of your company through an attorney who is not entitled to attorney-client privilege, this lack of confidentiality can serve as a threat to your business. Under business law, certain aspects of your case are not protected by attorney-client privilege.
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Litigation means a trial, right? So what does it matter if you hire a litigation attorney or a trial attorney? Can't they both perform the same functions? Not necessarily, which is why it's important to do your research before you hire an attorney to help you with a litigation lawsuit.Litigation AttorneysFirst of all, litigation does not automatically mean a trial is going to happen. The vast majority of the time, lawsuits are settled out of court without ever going to a jury. This is due to the work of the litigation attorney or litigator.Litigation attorneys handle all of the work that happens outside a courtroom. They file lawsuits, gather evidence, conduct legal research, meet with the client, file and argue motions and defend their clients. This is all done long before a lawsuit even gets close to going to a judge and jury. Litigators may even attempt mediation to achieve an out of court settlement but if a case looks like it is going to go to court, these lawyers can take depositions and prepare clients and their witnesses.Although there are differences between the two attorneys, those differences don't make one better than the other. They each serve different functions and perform different roles. Working with both types will give you the best of both worlds: an expert lawyer familiar with the ins and outs of your case and an expert presenter who can best argue your position in court if it gets that far. Many law firms have both litigators and lawyers on staff, giving you access to both types of specialists under one roof.If you prefer to have a single lawyer represent you through the entire process, be sure to ask about his or her experience in court and specifically if it has included cases covering the same legal subjects as yours. Then you'll need to decide if the attorney has the experience you need to carry your case through to the end or if you're better off starting out with a litigator and hiring a trial lawyer if and when your case gets to the courtroom.