Legal Question in Personal Injury in California

Re: Deposition attendees.

You can meet her during the lunch break and work with her before the deposition. Also, if she needs moral support, you can sit in the lobby. Actually, there's no rule that you can't be there as long as you don't say anything or coach her. However, the opposing attorney can suspend the deposition and ask the court for a protective order if there's reason for you not to be there.

Re: Deposition attendees.

Depositions are not open to the public, and non-parties can only attend if the parties and attorneys present all agree. Absent a very good reason, there will usually be an objection.

Even if you could attend, I'm not sure what kind of advice you think you could offer. Your sister's attorney will advise her of legal issues that come up. Deponents are not allowed to have "advisors" about the facts, since the entire point of a deposition is to learn what the deponent herself knows. This leaves essentially nothing for you to offer advice about.

Re: Deposition attendees.

One point that was not covered by the attorneys above is that if you are in a meeting with your sister and her attorney during the preparation stage (This would be before the deposition begins), or at anytime, you will not be considered a "necessary party." An unnecessary party can break the attorney/client privilege and therefore, this may open the door for the other attorney to ask your sister what she and her attorney discussed in the meeting, during the deposition. Therefore, if you would like to hang out in another room during the deposition, and avoid being present when your sister's attorney is speaking with her, then there's no harm. Please note though that you may be sitting around for a few hours...bring a good book or a magazine.