FAQ’S Answered: Can a Per Diem Attorney Appear for a Deposition


Hey, it’s Cesar from Instant Per Diem Attorneys here answering a few more questions One of the more commonly frequently asked questions is can a per diem attorney appear for depositions? And the answer is 100% absolutely yes, and that’s a lot of what we do. So a per diem attorney can appear to either conduct a deposition, defend a deposition, or sometimes just sit in and take notes for the handling attorney. And of course, we do party depositions, non-party depositions. third party depositions, where there’s a third party action, pending. And some of the information that the per diem attorney is going to need, for example, is going to be the summons and complaint, in New York.

There’s also what’s called a bill of particulars. It’s also called, that in various states. It’s other states, depending on your jurisdiction, but more information about what the claims are, for example, of the other side, if this is a personal injury type of case.  In another type of case, then we’re going to need, more perhaps interrogatories to review. Discovery responses are helpful, and also, obviously, we need, the handling attorney’s instructions, the attorney of records goals for the appearance. What is it that, if we’re conducting, what is it that you want us to target, right? If we’re defending, what is it that you want us to be on the lookout for? And we also need to know, of course, the client’s, the actual client’s information, such as their phone number, and whether the per diem attorney will be preparing the witness or not. Some other miscellaneous information. That a per diem attorney will need is, for example, is there an interpreter, right? Because an interpreter means that perhaps the per diem attorney won’t be able to communicate with the client, and it also means logistically that the deposition is going to last much longer than if there wasn’t an interpreter. So, hope this answers that question.