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  1. #1
    Join Date
    Jan 2011
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    401

    Default Attorney Files Discovery Documents in Civil Suit Showing Criminal Activity by Client

    My question involves malpractice by a lawyer in the state of: West Virginia, Federal

    As the title says, an attorney (not mine thankfully) in a breach of contract civil case filed documents and allowed his client to make statements during discovery that show the client violated federal law (under 18 USC Sec 922 & associated CFR's). The attorney & his firm are known for civil litigation, not criminal.

    Does the client have a case since it now looks like he's going to be prosecuted?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Attorney Files Discovery Documents in Civil Suit Showing Criminal Activity by Cli

    You would have to do a much better job explaining what happened.

    If the client was being deposed and was asked questions about his criminal activity, and chose to answer them instead of asking for a recess to talk to his lawyer or exercising his right to remain silent due to the possibility that he would admit to his crimes, how would that be his lawyer's fault? Further, he apparently did commit the crimes, so what economic harm are you imagining that you could attribute to his lawyer by virtue of his being caught - that the lawyer might somehow have allowed him to "get away with it", so facing a just consequence for his criminal conduct should trigger some sort of financial payment by the lawyer?

  3. #3
    Join Date
    Jan 2011
    Posts
    401

    Default Re: Attorney Files Discovery Documents in Civil Suit Showing Criminal Activity by Cli

    Sorry, I should have been more clear. The client did not know that what he was doing was illegal, and the questions raised in the interrogatories/deposition, and the documents in the request for production, were typical requests for a civil trial.

    I don't know if his attorney knew what he was doing was illegal either.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Attorney Files Discovery Documents in Civil Suit Showing Criminal Activity by Cli

    probably not ...

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