Legal Question in Civil Litigation in New York

can a pro se attorney be forced to give a deposition in their own case


Asked on 2/16/12, 5:28 pm

1 Answer from Attorneys

Roman Fichman Esq. Law Practice of Roman Fichman Esq.

If you mean a pro-se litigant who also happens to be an attorney, then there aren't any special privileges for such person. One does not have an attorney-client privilege with one self. Generally one has to answer all questions in connection with a civil matter or risk being cited for contempt. In criminal matters, under certain circumstances, one can assert one's fifth amendment right not to answer.

In addition, as an officer of the court and according to the ethical rules, an attorney, who is also a litigant, arguably has a higher duty to fully comply with the directions of the court.

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Answered on 2/16/12, 6:02 pm


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