Do I need a lawyer present when I go for a deposisition?

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Do I need a lawyer present when I go for a deposisition?

Asked on January 24, 2013 under Accident Law, Rhode Island

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are not required to have an attorney for a deposition--but you really should have one. Anything you say in a deposition is under oath; it can potentially be used against you. A lawyer can review your likely testimony in advance, to see potentially dangerous areas, and can object at the deposition to any improper questions which ought not to be allowed.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A lawyer is not required for your deposition, but is strongly recommended.  Without an attorney, there won't be anyone to raise specific legal objections to the questions you are asked.  Without legal objections, you won't be able to preserve those issues for a future appeal.  Also,  without an attorney at your deposition, you will be at a disadvantage because the opposing party will most likely have an attorney representing their interests and asking you questions.


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