Legal Question in Medical Malpractice in California
I would know if I can be released from going to deposition that defendant scheduled if I don't have an attorney. Is there any law I can refer to? I wonder about it because not having a lawyer on deposition will put me in disadvantage to deal with legal people as I'm not legal person to compete with them.
2 Answers from Attorneys
No. Of course you are at a disadvantage, one the defense attorneys will take full 'advantage' of. That's the reality of choosing to be pro per without knowing what you're doing. If you are acting pro per, you are holding yourself out as able to follow all the rules and do all the things a lawyer would do. If you don't have counsel in a malpractice case, and you're asking about simple basic rules, you are deluding yourself that you can prosecute this case effectively. How do you plan on presenting your medical expert testimony and cross-examining all their experts? If you could not interest any attorney in taking your case, you have to ask if there is a case there; attorneys don't turn down case that have merit and value.
On top of what Mr. Nelson observes, you could always hire an attorney to represent you only at the deposition. The legal newspapers are full of attorneys who advertise that they work on a contract basis. Truly, though, you're at a fatal disadvantage doing a medical malpractice case on your own.