legal question

**treeman82** · 03-17-2003, 08:14 PM

I am going to take a guess here and say that none of you guys have law degrees. However you all have a lot more experience than I do in life and business. I was down at my lawyer's office today to give a deposition. The oposing lawyer asked for the name and contact information from a client who I did a day of work for this winter. The reason for him wanting this is because he wanted to know about the work I did, and some other things... not to place me at a certain place at a certain time. I refused to give the client's number or name to the lawyer. He replied by saying that he would send a paper to me asking for the client's name. Do any of you know if I am obligated to give the client's name out? I'm just asking this out of curiosity. If I do have to give the client's name out, I am going to claim that I lost the bill, and that I do not remember his name. I'm just curious about it though.

**glens** · 03-17-2003, 10:43 PM

You're right. I'm not a lawyer.

You really don't give enough information for us to properly evaluate the situation, yet you give too much for your own good. What are you going to do if the "opposing" lawyer reads your post?

When it comes to legal matters, if you have a lawyer, listen to him/her. If you don't trust their ability, get another and then listen to the new one. Beyond that all I can say is if you don't want to divulge any information then take the 5th. It may cause you to have to sit in the cellar of the courthouse until you comply with the request, if it comes to that, but whatever you do, don't lie under oath.

Generally speaking, the three best things you can do are:

stay quiet

don't say anything

keep your mouth shut

Glen

**buckwheat** · 03-18-2003, 04:40 AM

Depositions are a tool used by the courts for a process known as "discovery." Both sides work together to gather information that they are obligated to share with each other as they work their way towards a settlement or decision.

Withholding of information, particularly if you've been sworn, is serious stuff. Usually, only lawyers and doctors can withhold client information. Sometimes, objections to queries can be sustained if it appears that the question(s) are not focused or relevant to the case. There are some facts that you did not include: are you a party to a lawsuit - are you being sued? Do you have a lawyer representing you? If you're just a witness, did the lawyer not asking the question (from the other side) object to the question?

If you have something to hide, then you already tipped your hand. If you're objecting to disclosing the information on principal, then chances are the ice is getting pretty thin. If you lie on the interogatory (the paper he is going to send you), pack your tooth brush.

I'm not a lawyer, but I used to play one on TV.

**Newfie** · 03-18-2003, 05:39 AM

Why the cat and mouse game? Is the opposing attorney after you or the client? If you are just a witness, answer the questions and be done with it. No need to complicate your life with unnecessary problems.

With the request for a client's name and the mention of invoice's it sounds like an issue related to under reporting or bankruptcy?

Take the advice of your god d@mn attorney. That's what you pay him for.

You'll be receiving my bill shortly.

**John Paul Sanborn** · 03-18-2003, 08:49 AM

Ask your Dads lawyer as to your responcabilites in this situation. Obstruction and contemt charges can get you into deep doo doo. By refusing and or obfuscating you may find a court order to seize all your records.

**kam** · 03-18-2003, 09:16 AM

Why did you not ask your lawyer while you were in his office? Phone him, I don't think he would
charge you for a quick and simple answer. Asking
here just confuses things as laws vary from
state to state.

That being said, I wouldn't think you're obligated
to say anything till ordered to do so by the
court (and not by any papers he's sending you). Lawyers like to imply they have more power
than they really do. You'd be surprised what they
get away with.

If you feel like sharing his answer, post an update.

Good luck
Kam

**treeman82** · 03-27-2003, 03:00 PM

I finally talked with my lawyer today. Apparently I do have to tell the opposing lawyer my client's information. However I can claim that I forgot it all, but if I am somehow proved to really remember it, I can be found guilty of perjury which is obviously not good.