CHICAGO AND SURROUNDING CHICAGOLAND, ILLINOIS

DEPOSITION AND SUBPOENA ATTORNEYS

 
 

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Representation for Witnesses and Third Parties in Illinois Divorce & Family Law Cases

You do not have to be getting divorced to suddenly find yourself involved in someone else's divorce litigation.

Business partners, employers, accountants, financial advisors, family members, friends, romantic partners, therapists, physicians, school personnel, and other third parties may receive a subpoena for documents, a notice for deposition, or a subpoena requiring testimony in court.

When that happens, having your own attorney can be important.

At Berlin Melzer Law LLC, our experienced Illinois family law litigators represent individuals, professionals, and businesses who become involved in divorce and family law litigation—even when they are not parties to the underlying case.

We can help you understand what you are required to produce or answer, determine whether the requests are appropriate, protect confidential or privileged information, prepare you for testimony, and advocate for you throughout the process.

Received a subpoena or deposition notice? Contact Berlin Melzer Law before responding or producing documents.

Why Am I Being Subpoenaed in Someone Else's Divorce?

Divorce litigation can extend far beyond the two spouses.

When parties disagree about income, assets, businesses, parenting issues, credibility, or other disputed facts, their attorneys may seek information from people and entities outside the case.

You may have information relating to:

  • A spouse's income or employment

  • A closely held business

  • Business ownership or valuation

  • Compensation, bonuses, commissions, or benefits

  • Bank accounts or financial transactions

  • Loans or transfers between family members

  • Trusts, inheritances, or gifts

  • Real estate

  • Spending or lifestyle

  • Parenting or childcare

  • Communications with one of the parties

  • A child's care or education

  • Allegations raised in a parenting dispute

  • Electronic communications, photographs, or social media

  • Other financial or personal information

Being subpoenaed does not necessarily mean that you did anything wrong. It generally means that one of the parties believes you possess information or documents relevant to the litigation.

But that does not mean every question must be answered or every document requested must automatically be produced.

We Represent Third Parties in Divorce and Family Law Litigation

The attorneys at Berlin Melzer Law understand Illinois family law litigation from the inside.

Because our lawyers regularly handle contested divorces, complex financial cases, business valuations, discovery disputes, depositions, and trials, we understand both why the information is being sought and how it may ultimately be used in the underlying case.

We represent third parties including:

Business owners and business partners. A divorce involving an owner of a closely held company may result in subpoenas seeking corporate records, compensation information, financial statements, tax records, ownership documents, communications, or information concerning business transactions.

Employers and executives. Employers may receive subpoenas seeking payroll records, employment agreements, bonuses, deferred compensation, stock options, equity awards, benefits, expense reimbursements, or other compensation information.

Accountants, bookkeepers, and financial professionals. Financial professionals may possess extensive information about a party's income, assets, tax returns, business interests, or financial history.

Parents and other family members. Family members may be asked about gifts, loans, inheritances, trusts, property transfers, financial assistance, childcare, parenting issues, or communications involving the parties.

Current romantic partners and significant others. A new partner may unexpectedly become a witness or receive requests for communications, financial information, photographs, travel information, or testimony.

Friends, neighbors, caregivers, and other witnesses. People with knowledge of a family's circumstances may be asked to testify regarding events they witnessed or information they possess.

Professionals and organizations. Physicians, therapists, schools, financial institutions, businesses, and other organizations may receive requests implicating confidentiality, privilege, privacy, or record-retention concerns.

Subpoenas for Documents and Records

A subpoena may require you or your business to locate and produce documents.

In today's litigation, "documents" can mean much more than pieces of paper. Requests may seek:

  • Emails

  • Text messages

  • Financial statements

  • Bank records

  • Tax documents

  • Payroll information

  • Corporate records

  • Employment agreements

  • Contracts

  • QuickBooks or accounting records

  • Photographs and videos

  • Social media content

  • Electronic files

  • Calendars

  • Communications with the parties

  • Business valuation information

  • Records concerning loans, gifts, or transfers

Before simply turning everything over, it can be important to have an attorney review the subpoena.

Berlin Melzer Law can evaluate the scope of the request, determine applicable deadlines, communicate with the attorneys who issued the subpoena, identify potential objections, and determine whether court intervention may be appropriate.

Is the Subpoena Too Broad?

Not every subpoena is necessarily appropriate simply because an attorney issued it.

Depending on the circumstances, issues may arise concerning whether a subpoena is overly broad, unduly burdensome, seeks irrelevant information, requests privileged or protected material, invades legitimate privacy interests, or imposes unreasonable demands on a third party.

There may also be disputes about the relevant time period or the categories of documents requested.

Our attorneys can evaluate whether an objection, negotiation, protective order, motion to quash, or motion to modify or limit the subpoena may be appropriate.

Sometimes the best solution does not require extensive litigation. Counsel may be able to negotiate a narrower request that provides legitimately relevant information while protecting the third party from unnecessary expense or intrusion.

Protecting Confidential Business and Financial Information

Subpoenas in high-asset divorce cases can create particular problems for privately held businesses.

A subpoena could seek sensitive information concerning:

  • Revenue and profitability

  • Customer information

  • Pricing

  • Vendor relationships

  • Internal financial statements

  • Ownership interests

  • Shareholder or operating agreements

  • Business plans

  • Compensation

  • Retained earnings

  • Distributions

  • Corporate loans

  • Proprietary information

  • Business valuations

A business should not necessarily hand sensitive records to attorneys in a divorce case without considering how those documents will be handled.

Berlin Melzer Law can evaluate strategies for protecting confidential or proprietary information, including whether the scope of production can be narrowed or whether an appropriate protective order or confidentiality arrangement should be considered.

Deposition Representation

You Can Have Your Own Attorney at a Deposition

A deposition is sworn testimony taken outside the courtroom, typically with a court reporter creating a transcript. Depending upon the circumstances, testimony may also be videotaped.

What you say matters.

Deposition testimony can potentially be used later in motions, settlement negotiations, hearings, or trial.

If you are a third-party witness, the lawyers questioning you represent their clients—not you.

Having independent counsel means someone at the deposition is specifically focused on your interests and your rights.

Berlin Melzer Law can represent you before and during your deposition.

Preparing You Before the Deposition

Good deposition representation begins before anyone asks the first question.

We can meet with you in advance to discuss:

  • Why you are being deposed

  • The issues involved in the underlying divorce or family law case

  • Topics you are likely to be asked about

  • Documents that may be used during questioning

  • How the deposition process works

  • The importance of listening carefully to each question

  • When clarification may be necessary

  • How to provide accurate testimony without guessing or speculating

  • Confidentiality and privilege issues

  • Potential areas of concern

Our goal is not to tell a witness what to say. Our goal is to make sure the witness understands the process and is prepared to provide truthful, accurate testimony without being unnecessarily drawn into disputes between the parties.

Representation During the Deposition

Your attorney can attend the deposition with you.

Depending on the circumstances and applicable rules, counsel can address inappropriate questioning, assert applicable objections, protect privileged information, seek clarification where necessary, and address issues that arise during the deposition.

This can be particularly important when a deposition becomes contentious or when a witness is being questioned about sensitive financial, professional, business, or personal matters.

Trial and Hearing Subpoenas

Sometimes a subpoena requires more than documents or a deposition. You may be ordered to appear in court and testify at a hearing or trial.

For someone unfamiliar with litigation, receiving a trial subpoena can be intimidating.

Berlin Melzer Law can help you understand:

  • When and where you must appear

  • What you may be asked about

  • What documents you may need to bring

  • How courtroom testimony differs from a deposition

  • What to expect from direct and cross-examination

  • How to prepare for testimony

  • Whether legal issues concerning the subpoena should be addressed before the court date

When appropriate, we can also appear with you and advocate regarding issues affecting your rights or testimony.

Subpoenas in High-Net-Worth Divorce Cases

Third-party discovery can become especially extensive in high-net-worth divorce litigation.

When a divorce involves businesses, complex compensation, trusts, substantial investments, family wealth, or disputed income, attorneys may seek information from numerous people and entities.

Berlin Melzer Law's experience with complex financial divorce litigation gives our attorneys insight into how third-party discovery fits into the larger litigation strategy.

We understand issues involving business valuation, income analysis, tracing marital and non-marital property, executive compensation, closely held businesses, retained earnings, stock options and equity compensation, trusts, inheritances, and sophisticated financial discovery.

That experience can be particularly valuable when representing a third party who has been pulled into a complicated divorce.

Do Not Ignore a Subpoena

A subpoena is a legal document and should be taken seriously.

Ignoring it may create additional legal problems. At the same time, immediately producing everything requested without first understanding your obligations may unnecessarily disclose private, privileged, confidential, or proprietary information.

The better approach is often to have counsel review the subpoena promptly.

Deadlines matter.

If you have received a subpoena, deposition notice, or demand for records, contact an attorney as soon as possible so there is adequate time to evaluate the request and determine the appropriate response.

Chicago and Suburban Illinois Deposition & Subpoena Lawyers

Berlin Melzer Law represents clients and third-party witnesses in sophisticated divorce and family law matters throughout the Chicago area.

Our attorneys regularly practice in Cook County, Lake County, DuPage County, and Will County, including cases involving Chicago, the North Shore, Lake Forest, Highland Park, Deerfield, Northbrook, Glenview, Wilmette, Evanston, Hinsdale, Oak Brook, Burr Ridge, Clarendon Hills, Wheaton, Naperville, and surrounding communities.

Whether you are an individual who unexpectedly received a deposition notice or a business facing a substantial records subpoena, we can help you determine what the request means and how to respond.

Received a Subpoena or Deposition Notice?

You may not be a party to the divorce, but once you receive a subpoena or deposition notice, the litigation can directly affect you.

Berlin Melzer Law LLC can help protect your interests.

Contact our office to schedule a consultation regarding a:

  • Deposition notice

  • Records subpoena

  • Business subpoena

  • Employment records subpoena

  • Financial records subpoena

  • Trial subpoena

  • Third-party witness deposition

  • Motion to quash or limit a subpoena

  • Confidentiality or protective-order issue

Berlin Melzer Law LLC
Divorce • Family Law • Complex Financial Litigation
Chicago & Suburban Illinois

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