Friday, October 31, 2014

can a lawyer demand, during a deposition in a divorce case, that the deponent empty the contents of his wallet on the table and allow them t...

Question

can a lawyer demand, during a deposition in a divorce case, that the deponent empty the contents of his wallet on the table and allow them to be copied? Said lawyer then gleaning further personal data with which to grill the deponent? How can this be legal? How should it be prevented?



Answer

Did you have an attorney?

If so, you should have sought the advice from your attorney.

If you didn't have an attorney, that is the problem.

If I represented you in the deposition, I would have objected, and advised you not to comply until the dispute was resolved by the court. If the lawyer insisted, the attorneys would have called the court.

Now, the only thing you can do is object to any use of information during that time. Again, the court will determine if what the lawyer did was appropriate.

Also licensed and practicing in New York



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