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Old 12-02-2014, 11:10 AM   #1 (permalink)
Junior Member
Join Date: Dec 2014
Posts: 1
Being contacted by Attorney

I recently quit my job as a bartender. On one of my last weekends, a gentleman came in and enjoyed a few drinks. A few weeks later, his wife found me (we live in a small town) and left me a message saying they were in the middle of a divorce, and that he is not to be drinking at this time. I have ignored her constant calls and messages because I wish to not be involved. Her attorney is now contacting me and wishes to speak on the wife's situation. Can I refuse to not be involved? I do not know either of the partners involved and have no connection other than being at work when this man came in.
hatter0914 is offline  
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Old 12-02-2014, 01:24 PM   #2 (permalink)
Join Date: Apr 2014
Location: San Jose, CA
Posts: 98
Attorney Contact

You may refuse to answer the questions over the phone or any informal questions asked by the attorney, but they may have you come into a deposition since you may be a witness to the case. If you refuse to appear then the plaintiff's attorney or who ever subpoenaed you could bring a motion to compel your deposition. The court could then order your deposition, in which case if you refused you could be criminally charged and fined and/or imprisoned for failing to comply. This is all done at the judge's discretion.

If the attorney wants to ask you a couple of questions that does not involve you or is incriminating you or discrediting you, then you cannot plead the 5th since it is not damaging for you.

It is highly recommended that you contact a experience attorney about this situation. **This is not legal advice and I am not an attorney and you should not act in any way with the use of this information**
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Old 12-03-2014, 09:12 AM   #3 (permalink)
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Join Date: Oct 2012
Posts: 326
You can ignore it.

There is an extremely and I mean extremely remote possibility you could be summoned as a witness or for a deposition or something, and then you would have to report, but you can simply say I was a bartender that night and I don't know anything else.

So basically don't worry about it. In the extremely rare circumstance that you receive a summons show up and simply say I don't know anything other than I was a bartender and I served him drinks, which was my job.

At the end of the day nothing to worry about, and if the woman continues to harass you then you can eventually get a restraining order.

You really have nothing to worry about as every state is no-fault, and even if you slept with her husband, which I know you didn't you wouldn't be in trouble so serving him drinks means nothing.
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attorney, involvement, subpeona

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