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    Post: Ethical Violation???

    Posted by Insert Fake Name Here on 7/03/11


    Hello,

    First, let me say I am not a lawyer and not a law student
    looking for help with homework. I'm just a person in a
    tough spot looking for a little assistance.


    I would like to know if there is sufficient grounds to make
    an official ethical complain about an attorney, and if
    so.... how?

    Here is my unique situation.

    I was injured on a construction site by a third party a few
    years ago. Within 24 hours I contacted and met with a
    immediate family member and his wife who are both attorneys
    who primarily defended construction cases similar to mine.
    At that time only one of them was a practicing lawyer within
    the state and the other was working for the government. I
    consulted them and asked if they could represent me. They
    said that living out of state made it impossible to be my
    lawyer but offered to assist me in finding a firm to
    represent me. For months they both acted as my advisers,
    even after I retained my current lawyer. I fully trusted
    these persons being they were family members, and more
    importantly lawyers.

    At some point there was a nasty falling out within the
    family, and the above mentioned attorney hasnt been heard
    from since.


    My 3rd party lawsuit is still in the court system. During
    the discovery phase the defense released numerous emails
    from an "anonymous" source who claimed to have detailed
    knowledge of the accident and extensive personal history
    knowledge about the plaintiff (me). These emails gave
    details of the accident that only I and my attorney would
    know, these emails slanderously painted a picture of me and
    my case as a fraud, and gave personal info about me that
    only the closest people to me in my life would know. Some
    aspects of the email were true, but most were outright lies
    that were added to hurt me, my credibility, and my case.

    Since this person who was in contact with defense used an
    alias, a fake email address, and refused to come forward to
    be interviewed by the defense..... defense council
    petitioned to court to subpena the internet provider for the
    unknown person's IP address. The motion has not been ruled
    on and is still up in the air.

    When reading these "anonymous" emails with my attorney I
    knew right away who it was. My attorney said it was
    "somebody with working knowledge of the civil court system,
    especially in the area of construction law" and "somebody
    with a vendetta against me". I know with certitude that the
    anonymous source was the family member that advised me. I
    know no other lawyers specializing in construction had
    details about my case and had any reason to attempt to
    torpedo my claim.


    If the court issues the subpena, and it is found that my
    adviser contacted, leaked, and helped the defense out of
    spite.... is there, and can this person be brought up on
    charges of ethical violations?
    If the court does NOT issue the subpena, and this anonymous
    person remains anonymous in the eyes of the court, and this
    still be reported to and investigated by the Bar Association?
    How is this done?
    Is there any cases of such actions that I can cite if there
    is an official complaint?


    Thank you for your time and assistance.

    Posts on this thread, including this one
  • Ethical Violation???, 7/03/11, by Insert Fake Name Here.


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