Saturday, July 12, 2008

If the lawyer for the other side lies in his answers to interrogatories, do you have recourse? -

If you had a conversation with a lawyer and gave him critical information just before he was hired by the other side, and if you then asked the question in discovery about what you told him, but he lied, do you have recourse? What if you supoened the notes he kept on your conversation and he answered that he has no notes and does not recall the conversation? Has the bar association ever disciplined one of its own in a situation like that?

The Law Societies in all States have a Ethical Conduct Regulation that all Lawyers must follow . a) Be careful in your allegations, where you allege that a lawyer passed confidential information to another party. b) Contact the Law Society (Bar Association) ASAP. You will need to show them by documented proof( payment receipts etc..) and by eye witnesses that the events you are alleging actually took place. C) If what you say is true,the lawyer will be dis-barred (loose is license to practice law) again be very careful.

Sorry, the last answer you got sounds mostly correct. I assume this is not a criminal case. If it is, you can pursue attorney misconduct charges with the court and the bar association, but you likely will not be successful. Lawyers lie. It s what they do. Some just do so more ethically for their clients. Another thought though: did you have an appointment with this attorney at his office? If so, and you paid for the visit, you may have him on conflict of interest charges with the bar association. Lawyers do protect each other much like law enforcement, to the point of lieing, but lawyers do not like it when other lawyers make them look bad. Make it public, whatever you decide to do.

Looks like it comes down to a he said she said, if he denies the conversation occurred, has no notes or destroyed the notes, and you can not produce a witness to the conversation, a witness to him destroying the notes, then how will you prove your point? The bar nor the courts will not act only based upon your testimony alone without other evidence remember the Bar association is made up of lawyers

0 comments:

Post a Comment