Results 1 to 3 of 3
  1. #1
    Join Date
    Apr 2009
    Posts
    2

    Default Attorney Advises Against Additional Evidence

    Scenario:

    Bob has a small online school where he teaches gemology. He has a newsletter that he emails out weekly to anyone that registers for it, but it basically goes to a good number of people in the gemological community. The newsletters normally address consumer fraud or misrepresentation issues, and have a dig here and there against the "industry" itself.

    Bob has been sued (defamation/libel) by a company that sells gems because Bob put out a newsletter (actually 2 or 3) saying the company knowingly sold misrepresented gem material to consumers.

    Bob is only a gemologist. Bob is not a scientist (PHD), and Bob does not have a research facility. So, he bought a few pieces of gemological equipment and did his own testing to "prove" his claims for his newsletter.

    So, the professionals (legit scientists with extensive labs) said "we'd like to see those gems and do free testing to verify your research, and we will publish our findings". Bob agreed, and said he would send his samples out to be tested...

    But wait!!! Bob's doesn’t send out samples to be tested, and Bob posts on a forum that his attorney advised him not to send out the samples for testing because 1.) He has to send them out of the country, and 2.) They are in the midst of a lawsuit.

    There are some other factors that figure in here too, but I won’t complicate it further…although the story get’s even more interesting!

    Since I have been involved in the legal field I have never met an attorney that would refuse FREE corroborating evidence from a noted or renowned professional, and to have it published is only icing on the cake.

    So, what do you think? Is the attorney story fact or fiction? Am I missing something?

  2. #2
    Join Date
    May 2006
    Location
    between here and there, but you can't here from there
    Posts
    545

    Default Re: Attorney Advises Against Additional Evidence

    There is no attorney. The truth is being concealed.
    You get more with a kind word and a gun than a kind word alone

  3. #3
    Join Date
    Apr 2009
    Posts
    2

    Default Re: Attorney Advises Against Additional Evidence

    I pulled the complaint online and it 's a SLAPP. The plaintiff's motion for discovery was denied thus far, and I'm pretty sure Bob had representation for that part.

    It is entirely possible he doesn't have an attorney now though. So, I guess I'll have to pay another $5.00 to LA County to see.

    I pulled the complaint online and it 's a SLAPP. The plaintiff's motion for discovery was denied thus far, and I'm pretty sure Bob had representation for that part.

    It is entirely possible he doesn't have an attorney now though. So, I guess I'll have to pay another $5.00 to LA County to see.

    1. Sponsored Links
       

Similar Threads

  1. Evidence: Can a Judge Request Additional Evidence from a Defendant at TBD
    By nement in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 05-05-2011, 09:12 PM
  2. Drunk and Impaired Driving: Seeking for Advises on Case of DUI 0.07 in San Jose
    By as2011 in forum Drunk and Impaired Driving Charges
    Replies: 4
    Last Post: 03-01-2011, 09:02 PM
  3. Sentencing: Court Reserves Additional Sanctions if More Evidence is Discovered
    By lostinthelaw in forum Criminal Procedure
    Replies: 1
    Last Post: 12-23-2010, 10:52 PM
  4. Obstruction of Justice: Evidence Tampering By An Attorney
    By sotto voce in forum Criminal Charges
    Replies: 4
    Last Post: 11-16-2007, 04:09 PM
  5. Trials: Attorney Has Evidence but Won't Return It
    By dogpekrnats in forum Criminal Procedure
    Replies: 1
    Last Post: 10-02-2007, 06:36 AM
 
 
Sponsored Links

Legal Help, Information and Resources