realist wrote:
Offtopic :
The plaintiff's attorney filed a complaint with the disciplinary board against some (not all) of the attorneys involved, asserting it was an ethics violation. None of the attorneys (to my knowledge) claimed they were not "double billing." The board ruled while it was certainly a practice that should be discouraged it was not a violation of ethics.
The case settled about a week before trial for $6.4mm
I'm not sure this is really off-topic. We're dealing with quantum physics here, and as any number of pop culture icons have told us, quantum physics in pop culture means you're allowed to make shit up, be in two different places, make no sense at all, travel backwards in time and all kinds of nonsense. Just cite Gödel's incompleteness theorem to appear to know what you're talking about and pretty much anything you say after that is automatically smart. Ergo, I'm on-topic.
I have to agree with the board on this one. It's obviously not optimal to have your attorney, supposedly paying attention at some bullshit deposition of some idiot who probably has minimal relation to your own liability, actually doing work on some other case at the same time. However, it's not like she's playing Angry Birds or completely ignoring your case. Presumably, if the testimony strays into some interesting area, the lawyer's ears will perk up.
The solution is that if having an actual attorney at a deposition is not valuable enough to justify having one there, don't bother. Split costs and get a transcript. If anything useful is there, draft some cross examination questions. If exposure is actually that minimal, why bother with the show of force? Unless you really do just want some bored associate showing up to half-listen to a bunch of irrelevant testimony while playing Angry Birds.