Lawyers do not like to be deposed in a civil suit. So, when Baker Hostetler partner Lee H. Rosebush was deposed, he provided evasive answers. Or, as Special Master, retired Judge Dennis Cavanaugh said, ” he spoke words, but did not provide answers.” Mr. Rosebush sits on the board of Alliance Medical Holdings. Alliance Medical was sued by Roche Diagnostics Corp., because it allegedly billed insurers for more expensive strips, instead of the less expensive mail-order strips it had actually purchased.
Mr. Rosebush was deposed for seven hours, which means his deposition lasted most of the work day. The Special Master responded to simple, yes or no questions, with frequent objections such as “asked and answered.” He asked the court reporter to read back a previous answer, instead of providing an actual answer. The Special Master said that Rosebush continually provide a rote answer or answered a question that had not been asked.
Later, when responding to the motion to compel, Rosebush claimed he was harassed with repetitive questions. (Well, all seven hour depositions involve some degree of repetition. Hello!).
The Master issued an order that Rosebush sit for a second deposition and provide responsive and concise answers. Judge Cavanaugh said he would make himself available for phone calls during the second deposition regarding any evasive answers. See ABA Bar Journal report here.
And, that is how a big firm partner puts his law license art risk.