Re: When does the client know?

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It'd be my opinion that the client is charged with
knowledge....that is to say, the attorney's their agent and
if the attorney "didn't tell them" something, then the client
has a malpractice action against the attorney.
It's basically an issue of agency law.

In all likelihood the attorney DID tell them, they just
didn't like what he said and threw the deposition in the
trash. It's mighty convenient for them to pull this stunt and
get rid of you.

On 1/10/04, Robert Bruce wrote:
> I asked this question on another forum, but I think it
> belongs here instead. It's a difficult question for me to
> word properly.
>
> When an attorney takes a deposition from a witness, is
> it true then, that the attorney's client knows at the same
> time?
> Ugh, I rewrote that question 5 different ways, and I
> still don't like the sound of it.
> Try this... When an attorney is served with a subpoena
> for his client, then the court assumes that is the same as
> serving the client, right?
> So, here is the scenario...
> I (the plaintiff) had to appear at a deposition
> requested by the defendant's attorney. I answered all the
> questions posed by the defense attorney and everything went
> smooth.
> Later, (3 months later) the defendant 'client' (not the
> attorney) claimed they had not received the deposition from
> their attorney. My response is that I don't care if the
> client received it or not, since I provided the deposition
> to their attorney, then I consider that the same as if I
> had provided my testimony directly to the defense party
> themselves.
> So, I hope that explains the nature of my question.
>
> Now, to explain the basis for the question, but I am not
> seeking advice for the following situation, only for the
> original question above. This is here to provide a
> background.
>
> I was terminated by my employer for 'insurance fraud'.
> Since I am a Union member, I have the right to a hearing so
> that a panel can hear arguments from both sides. According
> to my contract, an employer only has 5 days in which to
> enact disciplinary action against an employee. The 5 days
> begins from the moment the employer discovers a potential
> reason to discipline.
> My employer claims that they became aware of my alleged
> offense on October 1, therefore discharging me on October
> 2. I was terminated because the employer had discovered
> that I was engaged in outside sports while I was collecting
> worker's comp benefits. However, this is where the question
> above comes in to play...
> In August, during that deposition, I testified that I
> was actively engaged in a sporting activity and (according
> to my argument)if the employer wanted to discharge me, then
> that's when the '5 day' timeframe would of begun. However
> at the Union hearing, the employer claims they had never
> received my deposition and were not even aware of it's
> existance. (The employer discovered I was playing sports
> through a private investigator which is another story all
> by itself). So, the 2nd level hearing is this month, and I
> want to bring some law, or case cite, or something that
> indicates when an attorney receives key information, then
> it is safe to assume that information was properly
> disseminated to the client. Obviously, I can't request
> attorney/client communications.
> Also, whenever I tell this story, someone always has to
> chime in with calling me a cheat, or a criminal, or
> something rude. So, this time (sigh) I will include a
> copied post to avoid these rude people..........
>
>>>> Injured on the job, filed and collected Worker's Comp
> benefits.
> While off duty, the company's insurance carrier hired
> private investigators to follow and document my activities.
> During this period, I was taking my son to play a sport
> called 'paintballs'. Occasionally I would join in and
> participate in the sport as well. It felt good to walk
> around and strengthen my leg. I also made sure to notify
> the company doctor that I was out there and participating.
> Apparently, the private investigators had confused
> someone else on the field with me. They followed someone
> else around and took video footage of him playing
> paintballs, and running down a hill, and then jumping over
> a creekbed. They then created a written report and turned
> over the video and report to my employer and company
> doctor. The company doctor and employer admitted they did
> not watch the video, but instead relied on the written
> report generated by the PI. After reading the report, the
> company doctor concluded that I was doing more than just
> walking around and strengthening, he indicated that I
> misrepresented my ankle injury and dischrged me from his
> care. Once my employer received the investigator's report
> and doctor's report, I was then terminated for 'theft of
> benefits'. It was not until later that I was able to watch
> the videos, and that's when I discovered it was not me on
> the tape that was running, jumping, and diving.
> So, am I a victim of defamation, slander, or liable and
> do I have recourse against any of the entities involved?
> Especially the private investigator for generating an
> erroneous report that resulted in 3 months of lost income,
> and damage to my reputation. Everyone at work believes I
> committed insurance fraud, and rumors were spread that I
> had been arrested. Not to mention the incredible emotional
> stress I have gone through.. I have since been unable to
> find work since I have to tell potential employers that I
> was terminated for 'insurance fraud'.
> Is it also true that there is a law somewhere that
> provides damages against an outside third-party interfering
> with and destroying a contractual agreement between
> employee and employer.
> Yes, I am a union member, therefore I am not an at-will-
> employee. I have a contract that states I can only be
> terminated for 'just cause'. I was employed with my company
> for 13 years.

Re: When does the client know?, 1/15/04, by Prairie Dawg.

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