Can My Lawyer Answer for Me During A Deposition?

Is My Lawyer Allowed to Answer For Me In A Deposition?

When you are deposed, you are being asked questions that could be the basis of a lawsuit to find out information in connection with your case.  Your lawyer may not be present during the deposition, but is there any way they can help you?

While it would seem like they cannot accomplish much if they are not there, your attorney can answer for you during your deposition. This only works if certain guidelines are followed, though.

In this article, we will explore what needs to be done so that your lawyer can answer for you in a deposition and what you need to know beforehand.

What Is A Deposition?

A deposition is where both sides can ask one another questions to find out the truth about whatever it is you are trying to learn. It gives people a chance to come together and be upfront with each other without having the fear of being made into an enemy or anything like that which can oftentimes change people’s perspective of decisions they would have otherwise made during the trial. Depositions give people the opportunity to finally see eye-to-eye with one another, hopefully helping them come up with something beneficial for everyone involved rather than just themselves.

Guidelines To Letting Your Lawyer Answer For You

  1. First, when filing papers to get into court, all relevant information must be included, or else it will get thrown out and disregarded.
  2. Second, the lawyer must write an affidavit saying which questions they will be answering.
  3. Third, at least two weeks before trial, all information must be handed over to the opposing side.
  4. Fourth, the deposition must be read back to you in its entirety to ensure that you agree with the information being submitted.
  5. Finally, you have to submit a written statement saying that your attorney answered for you on your behalf during the deposition.

If all of these guidelines are followed, then your lawyer can answer for you during your deposition which could help speed up proceedings and get information on the record faster so you can ultimately get on with your life sooner rather than later.

What Is A Valid Reason For Letting My Lawyer Answer On My Behalf?

There are a lot of reasons one may want to let their lawyer answer on their behalf during a deposition.  It could be that they’re uneducated about the information at hand and need someone else with more knowledge to chime in, or it could be that they feel like an attorney would know better how to word things so as not to offend anybody which is especially relevant during cross-examination.

Letting your lawyer answer for you isn’t always necessary, but it could come in quite handy if legal questions are being asked and your lawyer sees it fit.

How Does This Affect Me?

If you let your lawyer answer for you during a deposition, it could affect you in a couple of different ways.  First, it speeds up the process and gets things done faster which saves time and money. Second, it helps get more information on record quicker which ultimately benefits you because having more information at hand which enables your attorney to better represent you in the long run.

If I Let My Lawyer Answer On My Behalf, Can They Use Any Information Or Questions?

While this seems like an absolute “yes,” there are certain limitations in place which both parties must comply with when it comes to letting your attorney answer on your behalf during a deposition. The main thing is that when filing papers to get your attorney to answer for you, they must write an affidavit saying which questions they will be answering. Second, at least two weeks before trial all of the deposition information must be given to the opposing side. Third, the deposition MUST be read back to you in its entirety so you are sure that everything on the record is accurate and up-to-date. Finally, a written statement must be submitted by you stating that your attorney answered for you on your behalf during your deposition.

How Can My Lawyer Help Me?

If there’s one thing lawyers know how to do and do well, it’s file papers and makes sure everything is in order before any type of hearing takes place. It may seem like a headache to have your lawyer file and go over all of your deposition papers, but it will ultimately help you out in the long run. It helps make sure that everything is covered and on record while also giving them a chance to look through the documents beforehand while they too can see if there’s anything else that should be brought up during your deposition or beforehand.

What If I Was Not Aware Of This Option Beforehand?

If you were not aware that your lawyer could answer for you beforehand, that is not a valid excuse for trying to have your attorney answer for you the day of your deposition. To come off as believable, it will be beneficial if you have filed all the necessary papers beforehand and were just waiting for your hearing date. This could reinforce the fact that you didn’t intentionally try to do anything wrong and had everything in order well before trial.

What Are Some Things I Should Keep In Mind?

When letting an attorney answer for you, there are a couple of different things that you should keep in mind when going into your deposition. First, not everyone likes having their lawyer by their side during a deposition because it makes them feel like they aren’t capable of doing things themselves. However, this could be a benefit because most people won’t be suspicious of your lawyer doing everything for you because they could think that you just don’t know how to work with lawyers in a professional setting. Second, make sure to take note of any changes or updates made to certain rules and regulations when it comes to letting your attorney answer for you during a deposition.

What Would Make A Deposition Necessary?

A deposition is generally required when one party to a case believes that the opposing party may have information relevant to the case. The deposition is an opportunity for each side to ask questions through their attorney to discover what evidence, testimony, or documentation may exist.

What Is ‘Discovery’?

Discovery refers to the pretrial phase in which both sides gather information and evidence about their cases before the trial begins. The deposition is just one part of this process along with requests for documents, written questions (known as interrogatories), and depositions of parties and witnesses. It is important to know that if you do not answer all relevant interrogatories or fail to appear at your deposition, it could result in an unfavorable outcome during the trial because the judge may make assumptions based on your silence.

What Happens During A Deposition?

During your deposition, you’ll most likely be asked lots of questions ranging from how well you know someone to whether or not they’ve ever done anything that could be deemed inappropriate when it comes to certain topics. It may seem like an uncomfortable line of questioning at first, but the more time you spend having to answer them, the easier it will become to just get all of this over with and move on with your life.

What Happens After The Deposition?

After your deposition takes place following all guidelines mentioned above, there isn’t much else you’ll need to do besides wait for your next hearing date so you can finally let your voice be heard in court.

How Are You Notified That You Are Being Deposed?

A Notice of Deposition is given to each party informing them when and where the deposition will occur.

What Is A ‘Notice Of Deposition’?

The Notice of Deposition informs you that you are being requested to provide testimony at a deposition. It usually includes the date, time, and location of your scheduled deposition. You can also request additional time from the court in which the case has been filed. The notice will state whether or not a court reporter will be used for recording purposes and if there will be a payment required for this service.

Who attends a deposition?

Each side, their lawyers, and necessary witnesses attend depositions. A court reporter may also be present depending on your agreement with her/him.

Does a Deposition Mean You Have Been Arrested?

A deposition is not an arrest, but it is the first part of the pretrial discovery process. During a deposition, both sides will be asking questions and anyone with information to contribute will be asked to attend. Someone can be deposed for many reasons which do not indicate that they are guilty of any crime.

Reasons Someone Might Be Deposed:

  • If you are a party to a case.
  • If you are an expert witness.
  • If you know of the events that occurred during your deposition.
  • Because there is reason to believe that you might have information relevant to the case.

In Conclusion

Your lawyer can answer for you during a deposition if you have made the necessary arrangements ahead of time. Doing this can be beneficial by speeding up the process, saving everyone time and money, and can also help you out if you are unfamiliar with legal questions or aren’t sure how to word your statements. If you decide to go this route for your deposition, the biggest thing to remember is to follow all the guidelines listed above before the deposition happens, because you will not be allowed to make that decision the day of.

Matt McWilliams
matt@mcwilliamsmedia.com

Deposition Academy is an online website created to guide those in the legal videographer industry or those interested in starting a legal videography business. The site has expanded to cover a variety of legal topics that are related to depositions and the deposition process. Our team of writers have written for a variety of legal blogs and website.



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