Normandie Law Firm operates under a very simple principle: the client comes first on our priority list. We make sure to treat each and every client with respect. Further, we know that you have a busy life and schedule, and when you suffer injuries or need to seek legal assistance to get compensation for a malfunctioning product, we want you to be able to count on us. You should not be filled with worry or any other negative emotions while pursuing legal action: let us take care of that for you. In many cases, we ask that our clients come in for a deposition, and we also ask many other relevant parties to join us during the sit-down. When a deposition is canceled, it can be an insult to everyone’s time and show no respect for everyone’s busy schedules. Other lawyers who constantly cancel depositions should be held responsible in some way, and we can help. Our clients have come to us with questions concerning other lawyers who have not gone through with depositions on numerous occasions, and they would like some help moving forward. Examples of these questions include:
- What do I do if my lawyer keeps canceling a deposition?
- What can I do if my deposition has been canceled repeatedly?
- Can I be reimbursed if my attorney cancels my deposition?
What is a Deposition?
A deposition is a sit-down during which oral statements of witnesses are taken. These statements are taken before a trial, under oath. This means that they are sworn under oath to not conceal any facts, alter any statements, or make any claims that are otherwise untrue or false as pertaining to the case and questions at hand. The purpose of these statements is to gather evidence in a timely manner and to allow both parties to learn the facts as relayed by the witnesses.
Further, this prevents surprises while occurring on the witness stand and allows the involved attorneys to adequately prepare their cases. They may be aware that a witness’s claim can potentially undermine the whole case, and prepare accordingly; further, if the witness changes his or her claim during the actual trial, this can result in perjury and other problems that will elongate a trial.
A deposition is often conducted at a law firm with all parties present, including witnesses, opposing witnesses, the defending lawyers, experts, and a court reporter. The court reporter is present to authorize the deposition and transcribe a manuscript of the conversations, word for word, so that it can be distributed among the parties for further consideration in preparing for trial.
Canceling a Deposition
A deposition requires multiple people to be present. Often, these depositions take place in the early morning at law firms that are out of the way for everyone; it can be a financial and personal burden to travel to a deposition, and a cancellation can be irritating, especially if it were canceled mere hours before its scheduled time.
Of course, we all know that emergencies happen. Your car may break down, you may wake up with the flu, a family member may be gravely injured, a storm may make travel impossible – the list of emergencies that can spring up with no prior warning or indication is nearly endless. In these cases, it is important that the attorney does everything in his power to alert the other parties of the cancellation as soon as possible to prevent further schedule problems. Many times, people called off work or requested help in traveling, and the ripple effects of a canceled deposition go out very far and affect many lives.
However, sometimes lawyers themselves are the responsible parties for canceling depositions. They may have very poor time management skills, cross-book appointments, or take time off without worrying about the effect their absences will have on other parties. This is arguably more frustrating for everyone involved, as the attorneys present are the ones who require the information to better prepare their cases; refusing to hold depositions by continuously canceling them shows a lack of interest in the cases and a degree of unprofessionalism.
Possible Responses to Continuously Canceled Depositions
The general rule when dealing with canceled depositions is reasonable notice must be given to all parties. An emergency that pops up an hour before the deposition cannot be helped, but notice should not be given an hour after the meeting was supposed to occur. Attorneys should practice their due diligence in informing everyone involved that the deposition has been canceled.
As a participant in a deposition that has been canceled, you can appeal to the court for assistance. If this general rule of reasonable notice is not followed, a court can issue a motion to compel attendance at a deposition, thus ensuring that all parties will be present – breaking this rule can result in sanctions and monetary punishment for the responsible party. Therefore, a lawyer may be required to pay the opposing attorney’s fees, as well as offer reimbursement for other expenses.
Repeated offenses should not be tolerated by any party. If a lawyer continues to cancel depositions, even with a motion to compel attendance in effect, you may be better off searching for other legal representation elsewhere.
Our Second Opinion
Normandie Law Firm is here to give you a second opinion on your case. We dedicate ourselves to caring for our clients and not wasting anyone’s time – a canceled deposition is a rarity here, and we pride ourselves on being punctual and reliable for all parties. If you are under the care of a lawyer who has repeatedly canceled a deposition, we can help you finally move forward with your case as well as bring legal action against him for refusing to give reasonable notice or not adhering to the motion to compel attendance.
Our Los Angeles law firm offers all clients free legal consultations on their cases. We want to make sure that you are properly informed of the legal process and know what you are in for when you seek representation from an attorney. We do not want you to be taken by surprise by anything that occurs. We feel that free consultations enable you to ask any questions you have and allow us to answer them with honesty.
Further, Normandie Law Firm takes on all cases with a zero fee guarantee. You do not pay any tout of pocket expenses for our services throughout the duration of the case – our fees are only paid in the event we win, and they only come from the settlement itself. You never face the possibility of financial loss, not even if we lose – in which case, there are no fees charged to you whatsoever.
Contact Normandie Law Firm today for more information on what to do if a lawyer continuously cancels your deposition.
