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?
4 Answers from Attorneys
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.
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!
Re: Deposition and request of documents
You should get an attorney to reprsent you.
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.
Related Questions & Answers
-
Money judgement If i have not gone to court for a money judgement should i be sent... Asked 2/25/07, 11:00 am in United States California Business Law
-
Business law doing service work, how long can you wait to invoice for payment? Asked 2/24/07, 3:18 pm in United States California Business Law