Legal Question in Legal Malpractice in California

Can an attorney bill legal fees during rest periods and lunch time during a deposition?


Asked on 7/09/17, 2:35 pm

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

That depends entirely on what they are doing during those times. Most attorneys are VERY billable in those times. If they are defending the deposition they are working with the witness to hone the testimony and figure out how to shore up any weaknesses . If they are taking the deposition, they are reviewing the session and thinking about follow up lines of questioning or new things to inquire about based on the prior testimony. I don't think I've ever had a true break in a deposition.

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Answered on 7/09/17, 9:13 pm


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