How to Stop Being Abused by an Attorney During Depositions

When you file an automobile crash, personal injury lawsuit or worker’s compensation claim in the state of Florida the defense attorney will most likely want to take your deposition. Most of my clients have never given a deposition and are usually very nervous before and during their deposition since they think that the other attorney will attempt to trick, harass or embarrass them. Sometimes these concerns turn out to be correct and the defense attorney does act inappropriately.

It is important to note that while Florida has liberal rules regulating the taking of your deposition, there are limits to the conduct of the attorney who is taking your deposition.

Rule 1.310 of the Florida Rules of Civil Procedure places limitations upon an attorney’s conduct and questioning during your deposition. Simply put, while the attorney is able to ask you about almost anything he or she is not allowed to conduct the deposition in bad faith, or to annoy, embarrass, or harass you while taking your deposition.

So if you think the attorney taking your deposition has crossed the line and is no longer attempting to gain information about your case but is now just attempting to argue with you, harass, or embarrass you don’t have to put up with it and should make sure your attorney stands up for you and files a motion for an order either terminating or limiting your deposition in order to protect you from this type of abuse.

Author: James D. Payer, Workers Comp Attorney in Miami