Selecting & Preparing a Corporate Witness for Rule 30(b)(6) Deposition

Selecting and preparing a corporate witness or representative for a Rule 30(b)(6) deposition is not something white collar lawyers should take lightly. Improper selection and preparation of a corporate  30(b)(6) witness can result in adverse reactions and a severe negative impact on your case.

Adverse consequences of inappropriate and uneducated 30(b)(6) witnesses:

• Unfavorable binding admissions that cannot be debarred from contrary positions at trial
• Privilege Waiver
• Sanction based on lack of good faith
• Sanction based on prejudice to opposing side
• Sanction based on disruption of the proceedings
• Sanction that includes awarding attorneys' fees and costs

It is important to note that the 30(b)(6) witness is representing the knowledge of the corporation and not of herself. In other words, the corporation is answering indirectly via its Rule 30(b)(6) deposition by its designee. That being said, it is assumed that the designated witness chosen by the corporation is not giving a personal opinion. The 30(b)(6) witness is giving the corporation's position on the topic, which includes the corporation's knowledge of facts, and subjective opinions and beliefs.

The 30(b)(6) witness's binding admissions are limited to the list of topics the requested party provided. However, the topics cannot be quasi legal arguments or a party's contentions. Nor can the corporate 30(b)(6) witness be expected to articulate legal positions that should be done by the corporation's white collar lawyers. According to the Rule, the topics must be of a "reasonable particularity," that is, not general topics, but rather topics should be concerned with the details in a reasonable manner. Courts have ruled that topics in the deposition are not the end of inquiry but rather the start of inquiry. There is no limit in Rule 30 on the number of topics.

Corporations may choose to have different Rule 30(b)(6) witnesses to represent different deposition topics. A corporation may choose to have a single representative witness to answer on all topic areas, which would force the examining party into a single seven hour day to take the 30(b)(6) deposition. The downside of having a single 30(b)(6) witness is that there may be an inability to address the topics or the company's complete story. The examining party can also apply to expand the length of time for deposition. 

Having separate 30(b)(6) witness depositions can considerably expand time allowed as each 30(b)(6) witness can be subject to a separate one-day seven hour deposition on their respective topics.

Lack of Knowledge by a 30(b)(6) Witness

The deposing party can impose sanctions, bar the corporate party from introducing evidence at trial on a particular topic, and compel the company to produce additional corporate witnesses if there is a lack of knowledge by a 30(b)(6) designee. However, in order for deposing counsel to advantage these alternatives at trial they must make certain tactical actions such as filing pretrial and discovery motions.

When there is a lack of knowledge by a corporate witness the corporation is obliged to provide another 30(b)(6) witness. If the corporate witness makes a claim that she lacks knowledge, this can be considered an admission of no corporate knowledge or position on that topic by the examining lawyers. The opposing lawyers may then prevent the corporation from admitting evidence on that particular topic or query area of interest. Only when it can be proven that information was not readily available at the time of deposition can a position on that subject matter be entered at trial. Some courts have even ruled impeachment if the 30(b)(6) witness deposition is different from the trial testimony of the witness.

Careful Selection and Preparation of a 30(b)(6) Corporate Witness

The facts are clear, white collar lawyers need to carefully select and prepare 30(b)(6) witnesses and must allow sufficient time to do so. Know that even the steps taken to prepare a corporate witness is discoverable. White collar lawyers have to be careful not to expose corporate witnesses to privileged documents. White collar lawyers should also not be the main source of information on facts. Witnesses can be prepared by review of relevant corporate documents, interviews with lower level employees, and contact with affiliates or subsidiaries. Corporates witnesses are also not required to have personal knowledge on the topics nor do they have to be employees. A Rule 30(b)(6) witness can be a former or current employee of any rank, or any person or entity outside of the company. The corporate witness is required to have "responsive knowledge."

A Rule 30(b)(6) deposition requires top lawyers experienced in both the criminal and civil aspects of litigation and trials, such as the white collar lawyers from LibertyBell Law Group. At the core of not having a binding and damaging deposition is selecting and preparing the witness. Our best white collar lawyers and experts know how to successfully leverage a 30(b)(6) deposition and witnesses for a favorable end result.

Which Lawyers for Federal Cases Handle Felonies Effectively

Lawyers that work on federal cases mostly handle felonies because that is what most federal cases consist of. The Bureau of Justice Statistics reports that of federal cases filed a full 96% are felonies. Criminal lawyers are the types of attorneys representing defendants accused and charged with a felony. Criminal lawyers also represent persons being investigated for a federal offense but no felony charges have been filed, which is the most ideal time to hire a lawyer. It is much, much easier for a lawyer to influence and prevent a US attorney from filing a federal case.

Most federal cases are these felonies:

• Immigration
• Drug trafficking
• Fraud
• Weapon offenses
• Nonviolent sex offenses
• Racketeering and extortion
• Larceny
• Robbery
• Counterfeiting
• Sexual abuse
• Assault
• Embezzlement
• Regulatory violations
• Tax law violations

Federal cases, especially felony charges, require a great deal of skill and expertise. Lawyers regularly working on crime defenses are the best in federal trials and plea bargaining. Though not all criminal lawyers practice in federal courts. The best criminal lawyers have experience working in different states and federal courts and have defended many types of felony crime allegations. Having experience on a wide array of felony charges, in different courts, and plea bargaining should not be underestimated.

Plea Bargaining Federal Felony Cases

A federal trial and plea bargaining is much like a game of chess apart from the evidence. The greatest players have a great deal of creativity in having to think or re-think a winning strategy, even in the middle of the game in order to increase the odds of winning. Criminal lawyers must also sometimes maneuver their way through a case and sometimes re-think their strategy when the prosecutor (called the United States Attorney in federal cases) unveils new evidence, witnesses, or changes his course.

Federal cases can be complex as US attorneys don't file felony charges in a federal court unless they have very convincing evidence. It's easier for a lawyer to prevent a federal case from being filed because a criminal lawyer knows how to protect someone being investigated for a crime.

Lawyers on the defense for federal cases have a very hard job in either getting the case dismissed or plea bargaining. The Bureau of Justice Assistance reports that 90-95% of federal felony cases end in plea bargaining. This is no surprise as US attorneys usually only file charges when there is so much evidence it's almost impossible for anyone not to see any guilt. The key element criminal lawyers usually build a defense around is how much guilt and intent. This is where criminal lawyers, especially those experienced in federal cases, excel at as it is the grounds for plea bargaining effectively. Plea bargaining can be very effective in reducing charges and even in getting no time having to be served in a federal prison.

To learn more about our criminal lawyers, click here.

Felony DUI in California – Criminal Lawyers on What to Expect

A felony DUI in California is a very serious crime and more common than people think. Criminal lawyers know a felony DUI carries harsh penalties, fines, and can result in the first criminal strike on your record. A strike on your record will make any future brushes with the law harder to defend by any criminal lawyer. A felony DUI may also hinder future employment opportunities and will make you ineligible for student loans and government assistance programs.

A Felony DUI in California has one of the following:

• Bodily injury and especially death to another as a result of driving under the influence, which does not have to include a car accident, it can be the result of running a red light or speeding.
• Prior felony dui conviction
• Prior felony gross vehicular manslaughter while intoxicated
• 3 or more DUI or "wet reckless" convictions on your record within the last ten years, whether from California or out of state.

Drunk driving that results in death in California is charged as a felony DUI with either manslaughter, vehicular homicide, or second-degree murder.

What happens after an arrest for DUI?

A felony dui in California begins with an arrest. After being arrested, the ideal time to contact a criminal lawyer is as soon as possible, definitely before the arraignment. Criminal lawyers need to start working on your case immediately to get the best results. The sooner the criminal lawyers begin the better, as it is easier to defend against a felony DUI charge much earlier in a case by persuading the prosecutor to file lesser charges.

The arraignment is the first court hearing, after the prosecutor has filed charges.  However, in order for criminal lawyers to start building a strong case for you, there is a lot of work that must be done, the beginning of a case for a felony DUI can sometimes be the most important. Criminal lawyers must launch their own investigation with the use of experts and they must also question and investigate witnesses among other things.

The preliminary hearing is when the judge decides if there is enough evidence for a trial. A criminal lawyer may be able to convince the judge that there is not enough evidence to convict the defendant for a felony DUI at this hearing. It is like a trial before a trial, as the judge listens to and makes decisions on the DUI case even before there is a trial. It is extremely important to be represented by a criminal lawyer at a preliminary hearing for a felony DUI.

If the judge decides there is enough evidence for a charge of some sort, then the case moves forward with a trial. A criminal lawyer can also win a case of felony DUI in California at this stage as well.

There are many stages to a case at which a criminal lawyer can win, much depends on the unique characteristics of your felony DUI case and what the best strategy is against the prosecution. Top criminal lawyers know when the best time to hit a homerun is, as winning cases is just as much about timing as it is strategy.

Criminal lawyers know how serious a felony DUI conviction is in California. Though these felony dui penalties are not set in stone, here are some general guidelines.

Felony DUI Penalties in California

• The minimum sentence is 180 days in jail, but you can be sentenced to 4 or more years in prison
• 4 year suspended license
• $3,000 fine
• 18-month alcohol education program
• If it's your third strike, you will be imprisoned for 25 years to life if convicted
• Ineligible for student loans and government assistance programs

Criminal lawyers: Facts about a Felony Conviction May Surprise You!

 Criminal lawyers know how much a felony conviction can ruin your life. LibertyBell Law Group's criminal lawyers receive emails on a weekly basis, sometimes even daily, from people convicted of a felony and wanting to get it expunged because they can't find a job, many even become homeless until being helped by a loved one or family member.

The National Institute of Justice found 60% of ex-felon offenders are unemployed a year after their release. In California, the Department of Corrections and Rehabilitation states 75% of felons are unemployed.

As a felon you are not eligible for low-income housing or government assistance programs, student loans, and more. The fact is having a felony on your record could leave you homeless, and if you're lucky you may be able to stay in a homeless shelter or eat at a soup kitchen. Not having a job or any kind of government assistance or income can lead someone to commit another crime, and that's the way a revolving door through prison starts for many. You may even end up in prison for the rest of your life, because as you get more felony convictions, prior felonies will increase the sentencing of subsequent felonies.

Hiring a criminal lawyer for a felony is a must

The need for hiring a criminal lawyer for a felony accusation cannot be stressed enough. Criminal law is extremely complex and without a top criminal lawyer you might as well just serve yourself on a plate to the prosecutor. You need an expert criminal lawyer who has the resources and expertise to defend you ferociously.

Criminal lawyers from LibertyBell Law Group have experience in all 50 states and federal courts. They have successfully represented thousands of persons accused of a felony. LibertyBell criminal lawyers know the unique characteristics and personas of the judges, prosecutors and law enforcement agencies. They also work with the top experts and investigators when building your winning defense.

Don't ruin your future with a felony conviction. Get a top criminal attorney. Call 855-LAW-PRO1 (855-529-7761) now!

Criminal Lawyers on Defense for Fraud

Defense for Fraud must be pursued aggressively by criminal lawyers, as it is not uncommon for prison sentences to last many years and fines are hefty. Criminal lawyers use many defenses for fraud cases, however, each case is unique and must be evaluated on its unique characteristics. In building a top fraud defense, criminal lawyers ideally work on a team of attorneys, experts, and investigators who analyze every aspect and angle to make a winning strategy.

Criminal lawyers commonly defend against these types of fraud:

• Wire Fraud
• Prescription Fraud
• Credit Card Fraud
• Health Care Fraud
• Medi-Cal Fraud
• Mail Fraud
• Telemarketing Fraud
• Securities Fraud
• Tax Fraud
• Internet Fraud
• Investment Fraud (Ponzi and Pyramid schemes)
• Letter of Credit Fraud

Fraud is a white collar crime, and thus you need to be represented by expert criminal lawyers, not business attorneys as some may think. Lawyers with expertise in criminal law and have a history of winning criminal fraud cases will know exactly how to go to trial, if necessary, to win. LibertyBell Law Group's criminal lawyers have tons of experience on fraud cases in both state and federal courts. They are familiar with the different judges and law enforcement personnel, how they work, and their individual styles. It's important for a criminal attorney to know what buttons to push for individuals involved, especially in swaying them or weakening their position.

Criminal lawyers use these defenses for fraud the most:

• No criminal or malicious intention
• Not enough evidence to prove fraud was committed
• Entrapment - coerced by law enforcement to commit the crime
• Misidentification of fraudster

If you have been accused of fraud, you need top criminal lawyers to defend you against the power of the government who is aggressively prosecuting fraud, especially since the recession.

Top Criminal Lawyers Warn Against Using P2P File Sharing Software

Top criminal lawyers know how easy it is for anyone using a peer-to-peer (p2p) file sharing software to get snared in a federal criminal investigation, even if you had no criminal intention. A recent File-Sharing Programs report by the U.S. General Accounting Office (GAO) revealed that juveniles and adults alike are at a very high risk of participating in federal crimes by using the p2p file sharing software and associated networks.

Reports have also revealed that while searching for celebrity names and cartoon characters, you may inadvertently download child porn onto your computer from the p2p file sharing network. If you view or download porn from the p2p file sharing network you have a very high risk of unknowingly viewing or downloading child porn, which is a federal crime. Viewing, receiving, possessing, distributing (sharing), trafficking, or making child porn carries extremely serious penalties, such as 30 years to a lifetime in a federal prison, lifetime sex offender registration, and of course the social stigma of being labeled as a child sex offender.

Criminal lawyers advise you to not use p2p file sharing software or networks, and especially do not view or download pornography from these file sharing networks. Doing so may expose you to child porn and before you know it federal agents will be knocking at your door. Even if you delete the files, criminal lawyers know that law enforcement can recover the files, the words you used while searching, preferences, and more activities done on the p2p file sharing software and network.

Amidst the global crackdown on child porn by special agents, Google is also building a new system to crackdown on child porn. It is clear, you must be very careful even when searching for porn on the internet, or you may also inadvertently view child porn and be subject of a federal criminal investigation. Take the advice of our criminal lawyers who fight sex crime cases everyday.

If you are charged with child porn, you will need the best criminal lawyers to defend you against federal agents and a ferocious prosecutor intent on sending you to prison. Child pornography cases require a team of top criminal lawyers who work with experts and investigators for your defense.

Criminal Lawyers on Why You Should Never Talk to Law Enforcement

Criminal lawyers know even the innocent can be accused and convicted of a crime, and have been, by simply making an honest mistake when telling their story to the police or detective. As a matter of fact, 25% of those convicted exonerated with DNA evidence plead guilty or said something incriminating, some even confessed. Even witnesses can err, as 72% of DNA exonerations are from faulty witness testimonies. Criminal lawyers always advise clients to never under any circumstances talk to anyone about the crime he or she is being investigated for. If your story conflicts in any way with the story of the witness, the jury will believe the accused is lying, not the witness.

Any misuse of a word or any different word used to describe the same circumstances can be used against you, such as when you voluntarily give a statement and then later are cross-examined by the prosecuting attorney in a trial. Even criminal lawyers use similar practices to kill the credibility of victims and witnesses that come in opposition to their client's testimony.

Even if you happen to come across a piece of evidence by chance, or because you overheard it somewhere, the police or detectives may wonder how and why you have it. If you are ever questioned or investigated for a crime, you should always plead the Fifth amendment and seek expert help from a criminal attorney who will protect you and your rights. Prosecutors will always want to convict someone, who is the most likely suspect; it's their job and they're good at it. The best criminal lawyers will tell you never to utter even a single word to law enforcement, except for pleading the Fifth and telling them that your attorney will be in touch with them. Top criminal attorneys will also tell you not to talk to anyone at all about what you know and the crime until you have first talked to a lawyer. Criminal lawyers know that even if you witnessed a crime, if you were there you could even be charged as an accomplice even if you didn't do anything, which happens more often in violent crimes, assault, rape and murder convictions.