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  1. #1

    Default Spoliation of Case File by Previous Attorney

    My question involves malpractice in the state of: Washington

    If appropriate to this forum; I am seeking some form of sample motion or boilerplate for an SJ motion asserting spoliation by our previous attorney.

    We have initiated a Pro Se (at this point) malpractice action, and the Defendant lawyer has admitted in email that he destroyed our case file, which covered two cases. He was notified that we wanted the file returned, and deliberately destroyed it less than three years after his deficient representation, as he was, by his own admission, worried about a malpractice action being brought against him. This destruction included several expert witness reports which are no longer available, as well as all of our email communications.

    Thanks.

  2. #2
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    Default Re: Spoliation of Case File by Previous Attorney

    Quote Quoting CapedCrusader
    View Post
    My question involves malpractice in the state of: Washington

    If appropriate to this forum; I am seeking some form of sample motion or boilerplate for an SJ motion asserting spoliation by our previous attorney.

    We have initiated a Pro Se (at this point) malpractice action, and the Defendant lawyer has admitted in email that he destroyed our case file, which covered two cases. He was notified that we wanted the file returned, and deliberately destroyed it less than three years after his deficient representation, as he was, by his own admission, worried about a malpractice action being brought against him. This destruction included several expert witness reports which are no longer available, as well as all of our email communications.

    Thanks.
    In general this would be a two step process. You would file the motion for sanctions for spoliation. Those sanctions may include the court determining certain facts in your favor since the evidence is destroyed and then follow up with a summary judgment motion that includes those determined facts to support summary judgement in your favor, at least as to the the determination of whether the lawyer was negligent. Even if you succeed in that you may still need a trial to determine whether you would have won those cases he represented you on had he not been negligent and/or to determine your damages. There are no forms for this and no boilerplate I can give you for it. Each incident of spoliation is unique, and your motion therefore will have to be original, too. These kinds of cases are not easy to bring, and are a challenge for pro se parties to do. I encourage you to get a lawyer on board ASAP. The further you get into this doing it pro se the harder it will be to find a lawyer willing to represent you.

  3. #3

    Default Re: Spoliation of Case File by Previous Attorney

    Thank you Taxing Matters.

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