Some defense attorneys employ improper or abusive deposition tactics to avoid divulging information to the plaintiff’s lawyer. One of these tactics involves instructing the defendant not to answer questions that may prejudice their case. If there are no legal grounds for the defendant to refrain from answering the question, your Orange Park Accident attorney may force the defense attorney to have his client answer the questions.
In general, prejudice, relevancy, materiality and competency are not grounds for an attorney to instruct his or her client not to answer a question. However, if the deposing attorney’s questions relate to privileged attorney work product, the deponent’s attorney may instruct him not to answer.
How to Deal with an Improper Instruction Not to Answer
If your Orange Park Accident attorney determines that the defense attorney is improperly instructing his client not to answer questions at the deposition, he may reiterate the following facts to compel the deponent to answer:
- Not seeking privilege information.
- Not harassing the defendant.
- Not seeking attorney work product.
- If information sought is irrelevant, the court will not allow it at the time of trial.
- These are standard questions that go to the heart of the matter.
- If the witness is not allowed to answer the question, a Protective Order with a request for sanctions.
For more information about abusive tactics used to prevent defendants from answering questions at a deposition, call Accident Lawyer John Fagan at 1-855-FAGAN LAW to talk to an Orange Park Accident attorney.