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Can a Pro'se litigant claim privledge?

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wnagel

Member
What is the name of your state (only U.S. law)? KS

I've been Pro'se for the last 4 years. I won sole custody of my son and have easily put in over 60 hours or more in courtroom litigation. I have been noticed up for a deposition. No big deal, but this will be the first time I will be representing myself at my own deposition. My question is: Can I claim attorney/client privledge on any of the questions they might ask? I would think that my strategy and notes, that would have normally been discussed with an attorney could now be considered privledged? Is there any rule on this? I tried searching for an answer, but could not come up with anything. Any thoughts?

Thanks
 


tranquility

Senior Member
You can claim some privileges, but you are not going to claim attorney/client. Many of your notes may not be discoverable if they are true trial preparation, but if you mixed things, they are. In the interrogatories, you should have disclosed them in a priviledge log and said why they are not discoverable. You did that, right?

The end point is that you have protections. However, it's clear from your question you will not argue them appropriately. If you overstate and fail to disclose, you will be held in contempt and have sanctions against you. If you understate, you will lose some rights. You need an evidence book immediately and a lot of study time. But, as a general rule, your trial preparation workpapers are privileged.
 

HomeGuru

Senior Member
What is the name of your state (only U.S. law)? KS

I've been Pro'se for the last 4 years. I won sole custody of my son and have easily put in over 60 hours or more in courtroom litigation. I have been noticed up for a deposition. No big deal, but this will be the first time I will be representing myself at my own deposition. My question is: Can I claim attorney/client privledge on any of the questions they might ask? I would think that my strategy and notes, that would have normally been discussed with an attorney could now be considered privledged? Is there any rule on this? I tried searching for an answer, but could not come up with anything. Any thoughts?

Thanks

**A: yes, you can claim privilege if you talk to yourself and have a split personality.
 

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