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  1. #1
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    Feb 2015
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    Default Do I Have a Right to All the Information That My Lawyer Has on My Case

    My question involves criminal law for the state of: California

    do I have a right to all the documents, dvd's, communications etc. that my lawyer receives, acquires, possesses on my case? In particular, if my lawyer receives a dvd of a police dash-cam video on my case? under what circumstances can he refuse to give me copies? appreciate the help.

  2. #2
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    Sep 2005
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    Default Re: Do I Have a Right to All the Information That My Lawyer Has on My Case

    Talk to your lawyer about arranging a time to come into his office to examine discovery materials. If you want the lawyer to have the items copied and provide you with copies, ask your lawyer what the copying costs would be.

    If your lawyer tells you that certain material cannot be disclosed to you (e.g., it may be subject to a protective order) ask him to explain. He should be able to describe the material and obtain your input, even if he cannot show you the actual material or share certain details,

  3. #3
    Join Date
    Mar 2013
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    Default Re: Do I Have a Right to All the Information That My Lawyer Has on My Case

    I believe there is a general direction from the court that your attorney may not provide you with address, telephone number and other contact information regarding witnesses who may testify in your case.

  4. #4
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    Jul 2006
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    Default Re: Do I Have a Right to All the Information That My Lawyer Has on My Case

    You are not necessarily entitled to see all the discovery -- some discovery is stamped for Counsel Only due to the information contained within it -- let alone possess it.

  5. #5
    Join Date
    Feb 2015
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    Default Re: Do I Have a Right to All the Information That My Lawyer Has on My Case

    Thank you, that all makes sense. I had not thought about the option of having him describe something while omitting anything protected, a kind of redaction I guess.

    - - - Updated - - -

    Thanks, I can certainly understand that he must protect personal identifying information. It seems I should be able to have copies of most everything, maybe with some redactions to protect individual privacy, and I should be able to know about everything that has been discovered.

    - - - Updated - - -

    thanks for your help. an attorney must protect an individual's privacy, but beyond that what would be other main/typical reasons why my attorney would get to see something that I would not be allowed to see? and what if I were representing myself - how would discovery work then? would I simply be denied some discovery materials? I appreciate the time you take to answer any of my questions.

    I'm not sure why my replys don't seem to be lining up with the specific posts that I am responding to. I'll read up and learn how soon.

  6. #6
    Join Date
    Mar 2013
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    Default Re: Do I Have a Right to All the Information That My Lawyer Has on My Case

    Quote Quoting GerryMander
    View Post
    Thanks, I can certainly understand that he must protect personal identifying information. It seems I should be able to have copies of most everything, maybe with some redactions to protect individual privacy, and I should be able to know about everything that has been discovered.

    - - - Updated - - -

    thanks for your help. an attorney must protect an individual's privacy, but beyond that what would be other main/typical reasons why my attorney would get to see something that I would not be allowed to see? and what if I were representing myself - how would discovery work then? would I simply be denied some discovery materials? I appreciate the time you take to answer any of my questions.

    I'm not sure why my replys don't seem to be lining up with the specific posts that I am responding to. I'll read up and learn how soon.
    Here's how it works in my state:

    Quote Quoting Penal Code Sec. 1054.2.
    (a) (1) Except as provided in paragraph (2), no attorneymay disclose or permit to be disclosed to a defendant, members of thedefendant's family, or anyone else, the address or telephone numberof a victim or witness whose name is disclosed to the attorneypursuant to subdivision (a) of Section 1054.1, unless specificallypermitted to do so by the court after a hearing and a showing of goodcause.

    (2) Notwithstanding paragraph (1), an attorney may disclose orpermit to be disclosed the address or telephone number of a victim orwitness to persons employed by the attorney or to persons appointedby the court to assist in the preparation of a defendant's case ifthat disclosure is required for that preparation. Persons providedthis information by an attorney shall be informed by the attorneythat further dissemination of the information, except as provided bythis section, is prohibited.

    (3) Willful violation of this subdivision by an attorney, personsemployed by the attorney, or persons appointed by the court is amisdemeanor.

    (b) If the defendant is acting as his or her own attorney, thecourt shall endeavor to protect the address and telephone number of avictim or witness by providing for contact only through a privateinvestigator licensed by the Department of Consumer Affairs andappointed by the court or by imposing other reasonable restrictions,absent a showing of good cause as determined by the court.

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