Legal Question in Civil Litigation in California

I have been asked to "talk to the company lawyer" to provide him with some expert information to aid a case that our company is putting together against another company. There was a hint it may go to trial.

I'm not sure how I feel about it, primarily because of the way it was being played down when they told me about it, and that I wasn't really asked, it was just assumed I would. It wasn't until the end that that clicked with me, when they sounded surprised I didn't say "no"

If I speak to this lawyer, am I obliged to go to trial if that's what happens?

If I speak to this lawyer and tell the truth, which is all I would do anyway, do I stand to lose anything?

I feel like I should get my own legal advice before going ahead with any of this, but it would be a real stretch for me to afford it right now. So I was hoping someone could give a broad overview of things to watch out for in this type of situation.


Asked on 6/22/11, 10:42 pm

2 Answers from Attorneys

Your employer cannot require you to perjure yourself or to give testimony that is in any way incorrect or misleading. Other than that, they can require you to do anything and everything necessary to assist them with litigation involving the company. If you refuse they can fire you. In fact they can fire you just for hesitating to say "yes." In fact they can fire you for wearing the wrong color socks to the meeting with the lawyer. Unless it is a case of racial or other discrimination, they can fire you for breathing (if you stop breathing, of course, they don't have to fire you). Seriously, though, this is not optional. They can even fire you for taking the Fifth Amendment to avoid being criminally prosecuted yourself. So if you're wondering why it was "just assumed that [you] would," that's why: because you will. Broad overview of what to watch out for: cooperate and tell the truth, unless it will subject you to criminal prosecution. If you have committed a crime, take the Fifth and get fired if that's what it comes to. There's nothing more you can or should do than those things.

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Answered on 6/22/11, 10:54 pm
Anthony Roach Law Office of Anthony A. Roach

You seem nervous about something, without disclosing it here. (Which I suggest you don't.) Why don't you speak to a private attorney to discuss the issue at length, where you will be cloaked with attorney client privilege and attorney client confidentiality?

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Answered on 6/23/11, 8:28 am


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