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, Finding The Right Lawyer in East Rand 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, Small Law Firms Near Me 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.
State Sued Over Medical Marijuana Law, Attorney John Morgan: “Let It Be Smoked.”
This is more common in domestic dispute matters, such as child custody or divorce cases. It also happens more often to the plaintiff, I Need A Good Lawyer 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.
Finding The Right Lawyer in East Rand ?
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.
The Functions of a Lawyer
In some part of our lives, there will come a time when we will need attorney services. We may need their professional services when we buy a property, close a business deal, adopt a child, file for divorce, or when we need someone to defend us in courts. And throughout the time that we deal with our attorneys to finalize any procedure where we need legal advice, we tend to discuss many things. We may discuss about the steps that needs to be done, what legal actions need to be taken, etc. But, there is one thing that, both us as the client and the attorney, may not discuss per se or may not discuss at all. This is the attorney services fees. Yes, despite the fact that professional fees for attorney services are important; these are mostly not being discussed. The most valid reason for this is that it seems awkward to talk about them. Besides, it usually feels uncomfortable to talk about them; especially if the services involve dealing with sensitive cases. But, as the one hiring an attorney, you need to know more about attorney services fees so that it wont be uncomfortable for you to talk about it. Know the Correct Attorney Services Fees As you will be the one to hire and therefore pay for the services, knowing the current market rate for such services would be important. Usually, legal or attorney services fees varies according to where the services are being performed. Here are the three most important things that you have to consider when deciding what amount should be fair enough as fees for your attorney; 1. Decide on how much money you can afford to pay. As the client, you know how much you can afford. And you should tell your attorney that. In most cases, if you cant afford to pay a lot, you can opt for public attorneys. They usually have low rates for their services. But just the same, you need to determine how much money you have and if you can pay the attorneys regular rates. 2. The kind of services needed. You should also know whether you will need an expert attorney in a certain field. Most fees are based on the level of expertise needed in a legal service or how much work is involved. 3. The usual rate for the type of service. Appraising how much money you will need as payment for attorney services will usually depend on the type of service rendered. Hence, it is important that youd be able to distinguish what type of services you need. It is also important that you know the current rate for the type of service that you need. When deciding about the attorney services fees, it is also vital that you plan on what type of fee arrangement you will offer. Actually, this is also a factor when deciding how to pay your attorneys. Now, you will need to decide whether you will pay him/her a flat rate, hourly rate or contingency fee. The latter will mean that you will pay your attorney a certain percentage on any amount that you will get should you win a case; for example, settlement fee for divorce or child custody. You will have to discuss on how much you will possibly get and what percentage should be the payment. If you are going to pay a flat rate, on the other hand, the attorney will determine how much is the total fee that you will have to pay. Other expenses such as photocopying, etc are computed with the flat rate fee. Now, hourly rate shall be computed based on the hours spent by your attorney on the case or proceedings.