Janson et al v. LegalZoom.com, Inc.

Filing 175

SUGGESTIONS in opposition re 153 MOTION in limine Regarding the Attorney/Client Relationship Between the Plaintiffs and Plaintiffs' Counsel filed by James T. Wicks on behalf of Defendant LegalZoom.com, Inc.. Reply suggestions due by 8/26/2011 unless otherwise directed by the court (Attachments: # 1 Exhibit 1)(Related document(s) 153 ) (Wicks, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI

TODD JANSON, GERALD T.

)

ARDREY, CHAD M. FERRELL, and

)

C & J REMODELING, LLC, on

)

behalf of themselves and on

)

behalf of all others

)

similarly situated,

)Case No.

Plaintiffs,

) 2:10-cv-04018-NKL
)

vs.

)
)

LEGALZOOM.COM, INC.,
Defendant.

)
)

VIDEOTAPED DEPOSITION OF TODD JANSON
Taken on behalf of Defendant
July 29, 2010

Jennifer L. Herbeck, RPR, CSR, CCR
Registered Professional Reporter
Illinois CSR License No. 084-004271
Missouri CCR License No. 733

EXHIBIT 1

e4e6fa8b-720c-4183-9497-99816c883b33

Examination by Mr. Thompson
Page 46

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something and picked something off of there, but
anybody could have wrote that.
The reason I went to LegalZoom is I
thought that a lawyer would be creating this will
for me.
Q. Let me ask you my question again, and I'd
like you to answer the question. You can answer
your lawyer's questions when he asks you questions.
A. Okay.
Q. When you buy a form at an office supply
store, for example, you hope and believe that that
was drafted by a lawyer?
MR. VAN RONZELEN: I'm just going to
object that's been asked and answered several times
now, but go ahead.
Q. (By Mr. Thompson) Correct?
A. I would hope, but I do not know.
Q. And when you went to LegalZoom to get a
will document prepared, you believed that that
document was at some point created by a lawyer also.
Correct?
A. I believe that somebody would have taken
my information and being a lawyer and created my
document, yes.
Q. What -- upon what do you base that belief?

Page 48

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LegalZoom represented to you or caused you to
believe that -- well, actually, said that your will
would be prepared by an attorney?
A. Have I seen it, no, not that I recall.
Q. And you never spoke -- you didn't speak to
an attorney. You didn't ever speak to anyone at
LegalZoom. Right?
A. No.
Q. What is your perception -- what is your
understanding of what it means to have an
attorney-client relationship?
A. That things that I discuss with my
attorney is privileged.
Q. Anything else?
A. No.
Q. Do you think it's an important
relationship?
A. Yes.
Q. Kind of a special relationship?
MR. VAN RONZELEN: I object as to vague
and ambiguous. You can answer.
A. I guess so.
Q. (By Mr. Thompson) Any perception as to
whether or not it can be an expensive proposition to
hire a lawyer?

Page 47

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A. From LegalZoom saying that they're -- they
have several lawyers on staff, they have -- they can
provide you legal advice, they can provide you legal
documents. That's usually what attorneys do, so
that's what I assumed.
Q. Well, you had not -- you don't recall any
contents of any ad you heard prior to using the
service. Right?
A. Not by word, no.
Q. And so do you recall any specific time
ever you heard from LegalZoom that the form that you
received would be written by you -- by a lawyer for
you?
A. Specifically, no.
Q. Do you recall specifically seeing several
times through the web page that LegalZoom disclaimed
providing legal services?
A. I don't recall doing that, no.
Q. You don't recall that at all?
A. No.
Q. But you do recall going through all the
web pages in connection with the preparation and
paying for your will. Right?
A. Correct.
Q. Have you seen anywhere in writing where

Page 49

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A. Yes.
Q. What's your view of that?
A. You know, I don't have a view. People
charge for what -- you know, what the market is, I
guess.
Q. Do you -- for instance, do you -- in your
current relationship with your lawyers, do you have
a written fee arrangement?
A. I believe they're advancing me right
now -Q. I don't want to know -A. Right.
Q. I don't want to know the nature, but do
you have a written agreement by which they are
providing you services as lawyers? That's kind of a
complicated way -A. Yeah.
Q. Did you sign anything with -- did you
receive anything in writing from your lawyers about
them becoming your lawyers?
A. I believe so, yes.
Q. Did you receive anything like that from
LegalZoom?
A. Not to my knowledge. I don't know.
Q. Did you ever get a name of a lawyer at

13 (Pages 46 to 49)

PohlmanUSA Court Reporting

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