One of the most unusual things I've seen is my attorney deposing the opposing counsel. Barbara Hammers insisted that she be deposed to "set the record straight" that she never made representations to me that she would assist in mediating a settlement for both of us, even though I paid her retainer fee and even though she told me she would take care of both of us (she's a friend of my friend). Then she asked to be "deposed" to set the record straight.
Here is an excerpt from her deposition. (To see the whole deposition, click here). Two things I find noteworthy about her deposition is 1) she's testifying here about the legal advice she's giving me and 2) she denies that she ever offered to assist in mediating a settlement between us and 3) she knows that disclosures are required by law:
For a case that has become a famous landmark decision for the fact that Barbara Hammers did not file the final declaration of disclosure as required by law (and lost her client $200,000 on appeal after her client was billed nearly a million dollars in fees in this matter), she certainly appears to know that it's important. I have no idea why she didn't file it - I've been asked this many times by attorneys, and all I can say is - I wasn't surprised.
We were ordered by the judge to file our F.D.D.'s by a certain date. There's an excuse floating around in the internet world that this might not have been required by the rules or a controversy over the dates, but on the record the judge ordered us to both produce the FDD's in a status discussion. That wasn't clearly published in the appeals declaration, but the order is on the record.
*** UPDATE ***
to read the NEW republished decision (after their failed motion for rehearing): click here
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