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I had a partner coach a client witness during a deposition on a break. I said I was uncomfortable with the convo and walked out of the room. Afterward, he confronted me about it and I mentioned that we should seek our ethics counsel’s advice. He never mentioned it again, and gave me a good review 🤷🏼♀️
Agree with TL 1. Read it as well. But even under that standard I think it’s proper to tell your client “when the attorney asks you a yes no question, answer only what he is asking” or “remember from our prep not to guess answers, the transcript won’t read like it’s a guess and you’re allowed to say ‘I don’t know’ if you really don’t.” Worst case, I’m fine with my client telling the other side we said that during the break.
Also agree the case went too far. Not the law in the mid west either.
A parter picked me to do the leg work on a personal injury case that our railroad worker client sustained while on the job. The workers’ compensation law in our state limits contingent fees to 20% of the gross recovery, so the partner gave the client a 20% contingent fee agreement. Unbeknownst to the partner, railroad workers are not covered by the traditional state law workers’ compensation system. Instead, injured railroad workers can seek a remedy for their workplace injuries under FELA, which has no cap on attorney’s fees.
Several months after signing the client up, the parter finally realized that this case was a FELA case, and that he could charge the standard 1/3 contingent fee. He told me to get the client to agree to the higher 1/3 contingent fee. I spoke with the client who was pretty cool about it. Although the client didn’t scoff at my request to modify the fee agreement to charge a higher fee, I felt pretty gross asking him.
Oh man. Cringe. Partner should not have put you in that position.