Deposing opposing counsel
I am a plaintiff in pro per. I have discovered that the opposing counsel has knowledge of relevant facts for my case. These facts are crucial to preparation of my case.
Also, I can not obtain the relevant information from other means.
1) Do I need court permission to depose the opposing counsel?
2) If yes, what form do I use for this?
3) Based on my discovery that the opposing counsel tried to negatively influence a contractor to change his report in the favor of the defendant, is this action considered as mal-practice on the part of the opposing counsel?
4) If yes, should I address this in my current lawsuit in the superior court, or this will be a new lawsuit against the opposing counsel?
I greatly appreciate clarification and your time.
Re: Deposing opposing counsel
In addition to the previous advice, consider the following:
1. If the information is protected by attorney-client privilege, there ain't no way it's discoverable.
2. If it is work product, it might be discoverable, but is probably protected....you need to look at the exceptions to work-product protection.
Case law shows that courts permit taking an opposing consel's deposition only for "extremely good cause" and you certainly won't find a "form" that will be helpful; for example, the Judicial Council for sure has not promulgated a form entitled "Application for Order Allowing Taking Deposition of Opposing Counsel" or anything of the sort. I'd say you don't need a court order if the opposing attorney doesn't object to having his deposition taken, but he or she almost certainly will, and if he/she consents, it is probably a trap for you..
Legal malpractice consists in serving the client poorly, as by giving bad advice or overbilling. Only a harmed client can claim malpractice. An opposing party cannot. If you have any issues with opposing counsel, you should address them to the State Bar as ethical violations, or if they affect the present case, you might address them to the court, being careful to copy the affected attorney.
Re: Deposing opposing counsel
In addition to the previous advice, consider the following:
1. If the information is protected by attorney-client privilege, there ain't no way it's discoverable.
2. If it is work product, it might be discoverable, but is probably protected....you need to look at the exceptions to work-product protection.
Case law shows that courts permit taking an opposing consel's deposition only for "extremely good cause" and you certainly won't find a "form" that will be helpful; for example, the Judicial Council for sure has not promulgated a form entitled "Application for Order Allowing Taking Deposition of Opposing Counsel" or anything of the sort. I'd say you don't need a court order if the opposing attorney doesn't object to having his deposition taken, but he or she almost certainly will, and if he/she consents, it is probably a trap for you..
Legal malpractice consists in serving the client poorly, as by giving bad advice or overbilling. Only a harmed client can claim malpractice. An opposing party cannot. If you have any issues with opposing counsel, you should address them to the State Bar as ethical violations, or if they affect the present case, you might address them to the court, being careful to copy the affected attorney.
Re: Deposing opposing counsel
In addition to the previous advice, consider the following:
1. If the information is protected by attorney-client privilege, there ain't no way it's discoverable.
2. If it is work product, it might be discoverable, but is probably protected....you need to look at the exceptions to work-product protection.
Case law shows that courts permit taking an opposing consel's deposition only for "extremely good cause" and you certainly won't find a "form" that will be helpful; for example, the Judicial Council for sure has not promulgated a form entitled "Application for Order Allowing Taking Deposition of Opposing Counsel" or anything of the sort. I'd say you don't need a court order if the opposing attorney doesn't object to having his deposition taken, but he or she almost certainly will, and if he/she consents, it is probably a trap for you..
Legal malpractice consists in serving the client poorly, as by giving bad advice or overbilling. Only a harmed client can claim malpractice. An opposing party cannot. If you have any issues with opposing counsel, you should address them to the State Bar as ethical violations, or if they affect the present case, you might address them to the court, being careful to copy the affected attorney.
Re: Deposing opposing counsel
In addition to the previous advice, consider the following:
1. If the information is protected by attorney-client privilege, there ain't no way it's discoverable.
2. If it is work product, it might be discoverable, but is probably protected....you need to look at the exceptions to work-product protection.
Case law shows that courts permit taking an opposing consel's deposition only for "extremely good cause" and you certainly won't find a "form" that will be helpful; for example, the Judicial Council for sure has not promulgated a form entitled "Application for Order Allowing Taking Deposition of Opposing Counsel" or anything of the sort. I'd say you don't need a court order if the opposing attorney doesn't object to having his deposition taken, but he or she almost certainly will, and if he/she consents, it is probably a trap for you..
Legal malpractice consists in serving the client poorly, as by giving bad advice or overbilling. Only a harmed client can claim malpractice. An opposing party cannot. If you have any issues with opposing counsel, you should address them to the State Bar as ethical violations, or if they affect the present case, you might address them to the court, being careful to copy the affected attorney.
