Legal Question in Legal Ethics in Indiana
In a medical malpractice case attorney A wants to take the deposition of an office worker in the doctor's medical office. She is not a management person, she just witnessed the signing of two documents.
Lawyer B, the doctor's attorney, writes to lawyer A and tells him not to contact the worker. He will arrange her availability for her deposition. About 2 weeks before the deposition, lawyer B contacts the worker for the first time, tells her not to speak with lawyer A, and tells her he is going to be her lawyer at no cost to her. He then notifies Lawyer A that he is her lawyer, and again tells Lawyer A not to contact the worker.
At the deposition, lawyer B instructs the worker not to answer several of the questions asked based on lawyer-client privilege.
Is this conduct by lawyer B permissible, or does it breach the rules of professional responsibility?
1 Answer from Attorneys
I think the question is rather off point. Either the woman wintessed or did not witness the signature. I cannot imagine where attorney-client could even be asserted. I hope attorney A certified the questions so that a judge can rule.
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