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  1. #1
    Join Date
    Sep 2008
    Posts
    10

    Default Attorney is Pressuring Me to Lie

    My question involves malpractice by a lawyer in the state of: New York

    I'm one of two plaintiffs in a suit vs a major corporation. My attorney pressured the 2nd plaintiff into lying at the deposition so the 2nd plaintiff lied. I discovered the lies when I read the deposition transcripts.

    My deposition is coming up next week. I don't want to lie because I don't want to have to keep the lies and the facts all straight in my head. In addition, the lies don't even benefit my case. I also don't want these lies to "come out" in the trial (if there is one) so I'd rather blow the whistle now.

    What do I do?

    Should I seek out another attorney before the deposition to notify the judge of the unethical behavior of the 1st attorney? Money is nonexistent and my current attorney already has a $10k retainer. Before this incident, I'd already felt strongly that my attorney was not looking out for my interests and was not providing the best representation they were capable of providing. Can I get the retainer refunded because the attorney asked the 2nd plaintiff to commit perjury?

    OR Should I go to the deposition but let my attorney know that I will admit that the 1st plaintiff lied due to pressure applied by the attorney? I don't imagine my attorney will be happy but I will not jeopardize my case any further by lying to cover up other lies. This option will be the most stressful since I will have to "face" my attorney in that hostile environment and I'm not really someone who likes to be in those types of difficult situations.

    Any other options anyone can think of?

    Any help in the right direction would be appreciated.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Attorney is Pressuring Me to Lie

    Oh gods.

    Fire your lawyer, get a new one, and file a complaint on the first one with your State Bar.

  3. #3
    Join Date
    Sep 2008
    Posts
    10

    Default Re: Attorney is Pressuring Me to Lie

    I would love to fire my current attorney.

    Would he be obligated to refund the retainer since I'm firing him for ethical issues (i.e, lying)?

    What do I do about the schedule deposition next week while I hunt for a new attorney?

    If it matters, this is all being heard in federal court.

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Attorney is Pressuring Me to Lie

    Would he be obligated to refund the retainer since I'm firing him for ethical issues (i.e, lying)?
    Whether or not your retainer is refundable will depend on your specific contract with your attorney. I would expect that whatever he has not already billed out would be refundable, but you need to look at your contract.

    Contact your local Bar Association for help getting a new lawyer right away, and see about getting the deposition rescheduled.

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