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Post by AlanC on Jan 30, 2020 9:17:10 GMT -5
Several years ago we did some work at Stennis Space Center up on one of the large test stands that were being extensively reworked. Our work was occasional- meaning every few months or so they would get us up there to take some measurements, set a benchmark, or provide an asbuilt, etc.
Our client had major cost overruns and when their appeal to increase their fee was denied, they sued. I avoided being called by our client by informing their atty in an informal phone call that we wouldn't be of much help in that we witnessed some questionable measurement practices by them and that in addition to other facts would not help them.
Now it looks like NASA wants to depose me. I think if I am being asked to provide expert witness testimony I can insist on being paid but this sounds like I would be a fact witness.
Another fact that may be pertinent: I wasn't up there on that stand doing the work personally. I dealt with the client, had phone conversations with my crew, supervisory stuff like that. I had very little first hand experience on the test stand. Also the young man that did the work and was my employee at the time is now off on his own. Although we are still in constant contact, I'm not inclined to throw him under the bus by telling them: "You need to talk to Chad. He was the one that was up there".
That is a skeleton background- now my questions. Can I refuse to give a deposition? I'm pretty sure I can't but I reeaalllyy don't want to talk to NASA for various reasons. Second, do I have to do it for free? I am extremely busy and this is going to reach in my pocket and take out at least a grand in lost time. Do I have to absorb that?
What are the basic rules for non-criminal depositions?
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Post by fauxmaha on Jan 30, 2020 9:39:11 GMT -5
Not a lawyer, but been deposed too many times.
My shorthand understanding is:
1) No, you can't refuse.
2) Getting paid means one of the parties to the suit thinks you can provide expert testimony that will help them. Doesn't sound like that's what's happening here, so no, I wouldn't expect to get paid.
One thing you might try is having your lawyer contact the NASA lawyer and have a conversation. Best case scenario, your lawyer can convince NASA lawyer you don't have any competent knowledge of whatever it is they are trying to figure out, he (your lawyer) prepares an affidavit to that effect and sends it to NASA, and that's that.
The calculation becomes whether its better to pay your lawyer, or sacrifice the time to appear at the deposition.
In any case, I've read enough Kafka to know there's no way I'm going anywhere near any federal investigation/lawsuit without my lawyer standing in front of me.
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Post by coachdoc on Jan 30, 2020 9:49:44 GMT -5
I'd like to say everything you've done is impeccable, and it probably is but when a lawyer starts asking questions, they can turn you around every which way, so I second Jeff, lawyer up.
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Post by Marshall on Jan 30, 2020 10:02:59 GMT -5
I don't know. I avoid lawyers. I'd be tempted to go and answer questions asked of me with Yes or No answers. Don't expound on anything. And if they ask about something specific on site that you have no knowledge of, you can say you don't know anything; that your foreman was on site. And he does not work for you any more. - End of question.
If they want to depose him that's up to them. It pretty much takes you out of it. Of course, I hope you have a decent relationship with this guy. Don't want him to get dragged in and throw you under the bus.
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Post by Cornflake on Jan 30, 2020 10:05:30 GMT -5
Being on retired status, I can't give advice, but I have no argument with the advice you've received above. I've participated in over a thousand depositions but if I got a notice of deposition, I'd retain a lawyer.
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Post by Marshall on Jan 30, 2020 10:07:38 GMT -5
That being said, I was deposed in a a suit once long long ago. It was a phone interview. And I did have my attorney friend sitting with me. He gave me the evil eye when I accidentally started expounding on one question.
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Post by aquaduct on Jan 30, 2020 10:09:22 GMT -5
I'm not a lawyer but I've worked for the Federal government. They have the unique capacity to make you effectively vanish. Forever.
Follow Jeff's advice and get a lawyer and stand behind him.
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Post by AlanC on Jan 30, 2020 10:28:30 GMT -5
OK, I can't afford to pay a lawyer to sit around with me. I am not throwing Chad under the bus so I will have to go it alone. I will have to see what they are going to ask and go from there.
No elaboration, speculation, wild ass guesses, or loose lips in general.... got it.
I don't remember. I wasn't there. Don't know. Sorry, don't remember. Who? No don't know him. Maybe my party chief talked to him. It's been years.... sorry I don't remember.
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Post by millring on Jan 30, 2020 10:36:02 GMT -5
Don't let them get confused and decompose you.
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Post by sidheguitarmichael on Jan 30, 2020 11:21:24 GMT -5
OK, I can't afford to pay a lawyer to sit around with me. I am not throwing Chad under the bus so I will have to go it alone. I will have to see what they are going to ask and go from... I think everyone here knows that I’m a guitar jock, so, grain of salt and all that, but: it strikes me that going into any even remotely high stakes situation where lawyers are already involved without your own lawyer is a bit like going to a knife fight without your own knife. I for sure get that lawyers are expensive, but it seems like following the advise of others here beats going to a legal melee with just your dick in your hand. JMO. |
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Post by Rob Hanesworth on Jan 30, 2020 11:28:36 GMT -5
...with just your dick in your hand. JMO. Unless, of course, you are Jeff, in which case that would awe them. |
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Post by Russell Letson on Jan 30, 2020 11:33:08 GMT -5
Faced with the prospect of being deposed in a suit, I'd show up in a Hawaiian shirt.
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Post by Cosmic Wonder on Jan 30, 2020 11:40:36 GMT -5
Hey, you are a old dude. You can’t help it if your memory is faulty. It worked for Regan.
Mike
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Post by sidheguitarmichael on Jan 30, 2020 11:43:02 GMT -5
...with just your dick in your hand. JMO. Unless, of course, you are Jeff, in which case that would awe them. Fair point. Faced with the prospect of being deposed in a suit, I'd show up in a Hawaiian shirt. OT, but, I have *got* to find a photo of a dear friend of ours--who happens to be the lead singer of an emo metal band that was moderately famous in the late 80s--showing up for jury selection. She's probably close to the first person I'd want on any jury I'd be involved in, but she didn't get selected. I'll see if I can dig up the photo tonight. |
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Post by millring on Jan 30, 2020 11:44:51 GMT -5
She would have made the cut if Bull had been on the job. |
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Post by fauxmaha on Jan 30, 2020 11:47:08 GMT -5
OK, I can't afford to pay a lawyer to sit around with me. I am not throwing Chad under the bus so I will have to go it alone. I will have to see what they are going to ask and go from there. No elaboration, speculation, wild ass guesses, or loose lips in general.... got it. I don't remember. I wasn't there. Don't know. Sorry, don't remember. Who? No don't know him. Maybe my party chief talked to him. It's been years.... sorry I don't remember. I get that lawyering up is no fun, but I have to say... What I'm hearing in what you're saying is that NASA thinks they got hosed (and they very well may have) and are on the warpath looking for some make-good. And they contacted you. That alone would terrify me. In a perfect world, you'd go in, tell the truth, and that would be that. It's not a perfect world. For all you know, your client has already filled their heads with stories about how all of this was your fault. Do what you must, but I wouldn't take the risk you're contemplating. |
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Post by RickW on Jan 30, 2020 11:56:27 GMT -5
Got to agree with the above. Either they are contemplating sticking a knife in you, or asking you to help stick a knife in someone else, either of which activity could lead into vast quantities of pain if you don’t say the right thing, or have an expert opinion there to note exactly what was said and how it was said to mitigate what comes next, which could either be from the government or the people you worked for.
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Post by AlanC on Jan 30, 2020 13:15:22 GMT -5
Not exactly. NASA is not wanting to pay my erstwhile client more than their contract. My old client is suing for additional funds. I could be NASA's new bff if I spilled what I think. But I don't want to get involved.
We didn't supply the client with layout so I don't have liability there. I think NASA just doesn't want to pay more. I will probably go with Mike's suggestion and play the doddering old, semi-retired fool who has passed his prime. Did I tell you my dad passed from dementia? Already told you that? Sorry...
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Post by Cornflake on Jan 30, 2020 13:41:54 GMT -5
I remember a judge who almost levitated out of his chair after a witness gave an "I don't remember" answer that seemed highly implausible. In a thundering voice, the judge asked the witness if he understood that saying "I don't remember" when you actually do remember is perjury. It's not a safe out.
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Post by brucemacneill on Jan 30, 2020 13:45:10 GMT -5
Worked for Hillary.
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