Most cases settle. Forcing the other side to subpoena your witnesses for depositions just runs up the attorneys' fees and costs and makes the whole process take longer.
On the other hand, if possible, you or your attorney should be present for these interviews, so that you can make sure the lawyer doesn't try to talk your witnesses into changing their stories.
Doing such interviews by telephone is common, either with 3-way calling or a conference call, or with you in the witness together on a speakerphone and the other side callling in.
Defense lawyers, insurance adjusters and investigators often want to record such calls. I do not like to have such calls recorded. I insist that no recording devices be used and that the informal conversation not be transcribed, written down word-for-word by someone listening in, and that the other side agree to that and confirm that the conversation is not being recoreded, electronically or in writing, during the interview.
You can't force your witnesses to not speak with the other side. You are not required to tell your witnesses that they must speak ot the other side. You are allowed to ask your witnesses to not speak to the other side. You can even ask them emphatically not to.
My advice is to allow the interviews, but only when you are present, either in person or on the phone. And don't let them record any of the interviews.
If you appreciate this free advice, please remember to refer me to anyone you know who needs a lawyer. Referrals are still our best source of business. My firm and I are described at www.sackrosendin.com.
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Dana Sack
Sack Rosendin, LLP
One Kaiser Plaza, Suite 340
Oakland CA 94612
510-286-2200
Answered on Oct 20th, 2014 at 10:08 AM