Federal Rules of Civil Procedure
Sanctions for attorneys who fail to investigate insurance
Under Federal Rule of Civil Procedure 26, a party is required to include as part of its initial disclosures “any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment.” If a party fails to disclose the existence of an insurance policy under Rule 26, then a court may sanction the party and/or its attorney pursuant […]
Deposition subpoena compelling lawyer as a witness
Generally, a party’s lawyer is not called as a witness in a lawsuit. However, where a law firm is involved in communications or otherwise with an opposing party prior to the lawsuit, then a lawyer might be served with a deposition subpoena compelling their testimony regarding their involvement with the opposing party. Even still, questions regarding attorney-client privilege and attorney work product may arise during the deposition, oftentimes resulting in a motion to modify the deposition subpoena beforehand. Law Firm Communicated […]
