Legal Question in Business Law in California

Deposition and request of documents

I am a small corporation and in the middle of litigation my lawyer withdraw the case because We can not afford to pay her at this time due to our seasonal business, we been called for deposition and production of documentation, they are not only asking for corporation documents but also for our personal including our personal bank account and documentation before we were incorporated, is this legal? can we go to desposition without a lawyer and produce the documentation? how can we secure privacy of our records?


Asked on 2/26/07, 4:54 pm

4 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: Deposition and request of documents

You need a lawyer.

Many of those documents MIGHT be objectionable. Objections need to be done in certain format.

do not go to deposition without representation and preperation.

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Answered on 2/26/07, 5:03 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Deposition and request of documents

You might be able to retain a lawyer with the limited purpose to advise you regarding the deposition and to appear with you at the deposition. Don't go without a lawyer!

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Answered on 2/26/07, 5:11 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Deposition and request of documents

You should get an attorney to reprsent you.

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Answered on 2/26/07, 5:44 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Deposition and request of documents

Is the corporation the only defendant? If so, you have some rights to refuse to produce personal documents. More often, suits against small corporations will also name the officers, directors and shareholders as co-defendants.

I would certainly agree with my colleagues that going into a deposition, particularly one where documents are to be produced, without a lawyer is way too risky.

Your best bet is to try to work out an accommodation with your current attorney, possibly having one or more shareholders guarantee her payment. To a large extent, this depends upon the value of the corporation, the risk of losing the case, the consequences of losing, the owners' net worth, and their possible personal liability, none of which can be evaluated by a LawGuru attorney over the BBS.

It's possible your attorney is overcharging you; if you feel this is possible, sit down with another business lawyer for an initial free consultation and get a second opinion.

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Answered on 2/26/07, 9:05 pm


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