This is a routine Rule 37 sanctions case where a party refused to participate in a Rule 30(b)(6) deposition. The court awarded costs and a modest amount of attorney fees against the client.
The more interesting issue in this case, however, is whether a party’s former lawyer can be sanctioned for discovery noncompliance.
Here, the court denied the sanction request against the former lawyer. According to the lawyer, the day before the noticed deposition the client terminated him. He was then required to file a motion to withdraw.
The court held that the lawyer was in an impossible situation in that he could not obtain compliance from the client even though he was still counsel of record.
Edward X. Clinton, Jr.