I've been on a case where opposing counsel has signed transcript order forms and then the reporting agency can't get a response from him by email or phone to pay for the copy before they send him an etran.  Well, yesterday at the depo, I talked to him about we couldn't reach him for payment and he said, "Oh, yeah, I need to handle that" and wanted me to take his credit card, which I couldn't do.  He said to have the office call him that afternoon and he'd take care of it.  And he signed another order form for yesterday's witness and is taking care of signature for both witnesses.   Trial is the 26th of this month.  Of course, they couldn't reach him.  Then he rushes out after the depo and took my exhibits, either he or his client, but I doubt this witness took them.  So the taking attorney and myself have emailed him and called him that I need to get the exhibits from him.  No one has heard from him.  I have another depo tomorrow on this case.  What would you do or say to him?  Hopefully, he'll have the exhibits with him tomorrw.

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I would call him before the depo and remind him to bring the exhibits.   If he doesn't bring them, I would offer to go back to his office with him (if he was within five or so mile drive) to pick up the exhibits from his office.   That way there will be no more excuses.      I always feel responsible for letting an exhibit slip out of my hands.   He is obviously a disorganized person.  And if you let the exhibits float around his office for too many days, they might never be found.

All that being said,  use the blurb if you have to.   

You know, he didn't respond to my VM or email about them, didn't show up for the depo today, he or the witness and denied that he took them.  I don't think he even has a secretary.   Don't have an office address for him, only a PO Box.  He ran out of the room so fast that all I did was blink and the exhibits were gone.  I finally got a copy from opposing counsel just a bit ago, so I'll use those and put in the blurb.

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