Notice of Deposition of hearing representative () (Californi

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Notice of Deposition of hearing representative () (Californi

Postby tristar on Sat Apr 18, 2009 12:15 pm

Today while opening up our correspondence I received a Deposition Notice to depo me personally as the hearing representative of one of our clients. I haven't had time to research if Defendant has the right to depose a lien claimants representative? I do know that under statute a party has the right to be represented by a non-attorney representative. I assume since statute specifically authorizes non-attorney representatives to represent parties and lien claimants that a privilege would apply, am I correct? There's nothing out of the ordinary regarding this lien. In fact we haven't even appeared since CIC is not resolved. I think this was a mistake on the Defendants behalf, and I will be contacting them or filing a motion to quash, although I still would like input as to whether a non-attorney representative can be compelled to testify against his client the lien claimant, party, or answer questions regarding the lien claimant itself.

thanks,

Michael
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Re: Notice of Deposition of hearing representative () (Californi

Postby jonbrissman on Sat Apr 18, 2009 1:32 pm

I don't think an attorney-client privilege can attach to a non-attorney. Consider an analogy: If you retain a tax attorney to prepare your taxes, anything you tell him is protected, but if you hire a CPA to do the same job, the IRS can depose him and discover everything you disclosed.

You may be able to avoid answering questions by asserting the "trade secret" privilege. If the information you obtained from your client affords it a competitive advantage, trade secret might apply. You should look up the Civil Code, research case law where the trade-secret privilege was asserted, and perhaps consult with an attorney before adopting this strategy.

Did you receive a check for round-trip mileage to the deposition and a witness fee? Of course, you will not travel to a site remote from your office without the mileage payment, and you will not answer the first question (What is your name?) until the witness-fee payment is in your wallet.

JCB
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Re: Notice of Deposition of hearing representative () (Californi

Postby rosellavera on Sat Apr 18, 2009 2:32 pm

Brief answer since I just took a break from my garage sale. Last year while working for a defense firm, the senior partner told me to notice the depo of a lien hearing rep. When I questioned whether we could do this, he responded "only if he is seeking personal sanctions or penalties. " I will look at my notes tonight and amend my reply. At first glance, I would say file a petition for protective order against the deposition stating that there is no relevant purpose. Let the DA answer stating what relevance he has to depose you. Stretch it out as much as possible so that when the DA bills for it the IC will be pissed off for the unnecessary billing. Be back soon.

Rose
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Re: Notice of Deposition of hearing representative () (Californi

Postby steve appell on Mon Apr 20, 2009 8:39 am

Michael:
The attorney-client privilege only attaches to a non attorney if they are working for and/or under the supervision of an attorney. Since you are not working for an attorney in this case, you have no privilege.

As far as taking your deposition, what you have to say has no relevance to the compensability of the lien.........................unless you have asked for costs and fees .......or unless you have acted unreasonably. Then the defense would be entitled to to conduct reasonable discovery to determine how much your fees are actually worth and/or how unreasonably you have acted.

That being said.....what's up?
Why don't you tell us all the whole story?
Steve

appellandassociates.com
6311 Van Nuys Bl #480
Van Nuys, Ca 91401
wcexaminer@aol.com


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Re: Notice of Deposition of hearing representative () (Californi

Postby tristar on Mon Apr 20, 2009 9:23 pm

Thanks to all of you. Steve, no story here. I did contact the DA and wrote him a letter informing him I don't see the relevance in the Notice. I anticipate it's withdraw. If not withdrawn............., I'll kept you posted.

Thanks again,
Michael
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