Inappropriate Defense Deposition Tactics: Not Answering Relevant Questions

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.Orange Park SSD attorney 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.
Call Us 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.

About John Fagan

John is a Jacksonville native who grew up on the First Coast. He graduated from Bishop Kenny High School in 1975 and went to college at Florida State University where he completed a 4-year program in 3 years. John graduated from the Florida State University College of Business in 1978 and went straight into Florida State University College of Law. While in law school, John earned a position on the prestigious Law Review Board serving as its Business Editor. As a law student, John studied in the Oxford program. He also interned with the Florida Legislature working in the Florida House of Representatives Criminal Justice Committee. John was admitted to the Florida Bar in 1981. John began his legal career as a law school intern in the State Attorney's Office in Jacksonville in 1981. After his internship, legendary State Attorney Ed Austin hired John as a full-time Assistant State Attorney for the Fourth Judicial Circuit (Clay, Duval, and Nassau Counties). As a prosecutor, John tried jury and non-jury trial on charges ranging from DUI to Murder. In 1983, John moved from the State Attorney's Office to begin his career in private practice. He has practiced law for 30 years on the First Coast. For the last 20 years, John and his family have made Clay County their home. John limits his practice to personal injury and disability cases. While there are many fine attorneys in Clay County, John is one of only a few Clay County attorneys who limit their practice to personal injury and disability cases. John takes pride in helping clients resolve injury claims in ways that avoid the stress, uncertainty, and the expense of unnecessary litigation. Professional Activities John is the past President of the Clay County Bar Association and has served on the Board of the Clay County Bar Association from 2009-2013. He is an active member of the Florida Bar, and the Federal Bar of the Middle and Southern Districts of Florida. He is also a member of the American Association of Justice, the Florida Association of Justice, the National Organization of Social Security Claimants' Representatives, and the National Organization of Veterans' Advocates. Service to the Community John is involved in the Clay County Community serving as a member and Director of the Rotary Club of Orange Park, of the Clay County Bar Association, and the Putnam County Bar Association.
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