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Low on hours but brought in a client?
Any recruiter recommendations for LA / SoCal?
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Chief
Yep but only after deploying the 3 strikes rule.
What happened?
Details please
I have not personally but a partner at my firm cancelled a deposition because OC, who thought he was muted, made some comments about the deponents race. Partner said the comments made deponent uncomfortable and the depo was cancelled. The deponent may have helped the opposing party’s case but never actually tried to take the deponents depo. I think the case was settled for nuisance value.
Details: deponent was an independent fact witness, low education, ESL (but spoke good English). She was answering all questions, not avoiding anything. Opposing counsel was belligerent, aggressive, accusing her of criminal conduct, said she was lying in front of her off the record, had her at tears and at the point where she wasn't comfortable even going to the restroom during the break on the same floor. She asked the court reporter to walk with her down to the first floor restroom instead.
Chief
OP, I would leave it. Next time ask the witness about what the lawyer did off the record. But I don’t think this is close to terminating the deposition.
Yes. Make sure to create a good record and give opposing counsel an opportunity to self-correct. My state rules, like the federal rules, allow for suspension of a deposition for purposes of seeking a protective order.