Mr. Al Alon decided to fire his attorney the day before his scheduled deposition in his pending lawsuit against Widget Manufacturing Industries. Mr. Alon decided to go to the deposition alone.
During the deposition, Widget’s attorney asked Mr. Alon a question that would likely help Widget win the case. Mr. Alon knew that he would lose the case so he decided to testify by changing the facts in his favor. If Widget’s attorney alleges that Mr. Alon knowingly lied on the record and thereby perjured himself, can Mr. Alon later raise the defense that he was not represented by an attorney during his deposition? What are Mr. Alon’s obligation during his deposition?
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