can i be asked to identify what documents i gave my attorney

Do lawyers have to tell you who your client is?

Jul 20, 2015 · Ask the witness to identify it. The witness must know what the document is and be able to identify it. MRE 602. The answer is merely an description of what the document is (e.g., “This is one of my bank statements,” or “this is an invoice I received”).

How do you ask a witness to identify a document?

A debate with a respected and experienced colleague during a recent examination before trial resurrected the issue of whether or not a party/witness was required to produce documents reviewed in preparing for the deposition upon oral examination, on the one hand, and the extent, if any, that production of such documents was protected by the attorney-client and/or work …

Can a new lawyer get my Documents from my old lawyer?

Nov 14, 2017 · Defense attorneys love to determine they do not have what we are demanding and leave it at that. But again, that is not enough. C.C.P. Section 2031.230 also requires that when the responding party has no documents to produce, they must identify who may be in possession of the requested documents.

Can a lawyer refuse to give information about a case?

Jun 26, 2019 · At Weisinger Law Firm, PLLC, our Texas estate planning attorneys have deep experience handling the full range of issues related to power of attorney. We provide compassionate, fully personalized legal guidance to our clients. For a review of your case, contact our law firm today (210) 201-2635. [cans_and_cants_markup]

What can be asked in discovery?

Here are some of the things lawyers often ask for in discovery:anything a witness or party saw, heard, or did in connection with the dispute.anything anyone said at a particular time and place (for example, in a business meeting related to the dispute or after a car accident that turned into a lawsuit)

What is discovery privileged information?

Discovery does not extend to accessing information that is privileged. Privileged information is information that is protected by a confidential relationship recognized by law, such as attorney-client, doctor-patient, etc.

How do I respond to a discovery request?

When you respond to a discovery request, you should make sure to do it within the timeframe listed in the discovery request or in the “scheduling order” if the judge issued one. In some cases, the judge will hold a court conference to establish a timeframe for discovery, motions, and the trial.

What does request for production of documents mean?

Generally, a request for production of documents asks the responding party to make available the original documents, but the propounding (asking) party may request that photocopies be sent instead, if inspection of the original document is not necessary.

What types of evidence can be legally obtained during the discovery process?

Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and ...

What makes a document legally privileged?

Privilege is a legal right which allows persons to resist compulsory disclosure of documents and information. The fact that a document is sensitive or confidential is not a bar to disclosure, although privileged documents must be confidential.

How do you respond to request for documents?

If a request asks for a document, make a copy of the document; in your response, describe the document and say that a copy is attached; and attach a copy of the document to the responses you send back to the other side.

What happens if defendant does not respond to discovery?

Failure to discover may result in judgement being given against the defaulting party in the main action. Documents, which may harm a litigant's case, must be ascertained as soon as possible to limit any damage that may be caused. Discovery to a large extent reduces the 'surprise' element.

What happens if the plaintiff does not give me responses to my discovery requests?

If the plaintiff does not respond to the court order, then you can file a Motion to Dismiss and you may win your case. Send a final request. If they do not respond to the final request within 30 days you can send the court an. All of the admissions are deemed as "admitted."

Do you have to produce documents that are publicly available?

Discovery — Fact That Documents Are Publicly Available Is No Defense to Production of Documents Possessed, But There Is No Duty to Obtain Unpossessed, Publicly Available Documents for Production (What About Work Product?)Jan 12, 2015

What is a production of evidence?

verb. If you produce evidence or an argument, you show it or explain it to people in order to make them agree with you.

What does document production mean?

The process of delivering, or making available for review, documents in response to a request for documents, such as a request for production and a subpoena. A request for documents may call for the production of paper (hard copy) documents and electronically stored information (ESI).

When questioning a witness about an exhibit, do you always refer to the exhibit number?

Remember, too, to always refer to the exhibit’s number when questioning a witness about it, or your record will be hopelessly unintelligible. If the court rules your document inadmissible. If the court sustains a hearsay objection, for example, first offer another exception as an alternative.

What step do you go to when you can't establish authenticity?

If you can not establish authenticity, proceed to Step 10.

Do you have to have a copy of an exhibit to testify?

If you need more testimony from the witness about the document or its contents, you can go on from there. The witness will need to have a copy of the exhibit from which to testify. But remember that if you take the original from the judge, the judge will not know what you are talking about.

Can you get a document in evidence if you are not a witness?

You may still be able to get the document into evidence through the testimony of another, later witness, but if you cannot, the document is in the record for appeal purposes; if you do not have it marked for identification purposes only, it will not be in the record for appeal.

What is the right of a party to protection against the introduction against him of false, forged or manufactured evidence?

The right of a party to protection against the introduction against him of false, forged or manufactured evidence, which he is not permitted to inspect, must not be invaded by a hair’s breadth.”.

Why was the tape used in the deposition?

The tape had been used to refresh the recollection of Dr. Botwin prior to the deposition. As a document used for such purpose, plaintiff was entitled to have it made available. Although the court listened to the tape in camera and ruled it was not inconsistent with the deposition, this is not sufficient.

What was the plaintiff's claim in the 1969 case?

The facts are as follows: in 1969, plaintiff sued for goods sold and delivered to defendant in the period from 1965 through 1968. Defendant denied the allegations and counterclaimed for breach of warranty, misrepresentation and fraud. In preparation for this litigation, a series of questions was presented to plaintiff.

What is a debate with a respected and experienced colleague during a recent examination before trial?

A debate with a respected and experienced colleague during a recent examination before trial resurrected the issue of whether or not a party/witness was required to produce documents reviewed in preparing for the deposition upon oral examination, on the one hand, and the extent, if any, that production of such documents was protected by the attorney-client and/or work product privileges, on the other.

Did the witness use the statement during the examination?

In the situation now before the court, it does not appear that the statement was actually used by the witness during the examination . It was, however, used the day before for the purpose of refreshing his recollection, and he stated that his memory had been refreshed by reference to it.

What is a power of attorney?

Powers of attorney are key estate planning documents. In the unfortunate event that you become unable to care for yourself, it is crucial that you grant a trusted party the authority to effectively make legal, financial, and medical decisions on your behalf. Through two key estate planning documents — the durable power of attorney and ...

Can you have multiple power of attorney?

Yes. You have the legal right to appoint multiple people as your power of attorney. You could even split your durable power of attorney and your medical power of attorney. The legal documents should state whether each agent has full, independent power or if they have to act jointly.

Can a doctor override a power of attorney?

Yes — but only in limited circumstances. If an advance medical directive is in place, the instructions in that document may override the decision of a power of attorney. Additionally, doctors may also refuse to honor a power of attorney’s decision if they believe that the agent is not acting in the best interest of the patient.

Do power of attorney have fiduciary duty?

Yes — but the agent always has a fiduciary duty to act in good faith. If your power of attorney is making such a change, it must be in your best interests. If they do not act in your interests, they are violating their duties.

Can a durable power of attorney make medical decisions?

Can a Durable Power of Attorney Make Medical Decisions? No. A durable power of attorney is generally for legal decision making and financial decision making. To allow a trusted person to make health care decisions, grant them medical power of attorney.

Can a power of attorney withdraw money from a bank account without authorization?

No — not without express authorization to do so. A person with power of attorney does not need to add their own name to the bank account. They already have the legal authority to withdraw money from your account to take care of your needs.

Can a person change their power of attorney?

Yes. A durable power of attorney is a flexible legal document. As long as a person is mentally competent, they can change — even revoke — power of attorney.

Nicholas Charles McGowan

You have the right to obtain any documents in your file. In fact, our office sends them automatically to our clients as we either mail, fax, or e-mail them, etc. , so our clients don't even have to ask us for them.

Samuel John Edmunds

Do not rely on this information. My office accepts clients from Avvo, but this initial impression is not protected by any privilege and is not attorney-client communication. You should consult a lawyer promptly about your legal matter.

Fred T Isquith

Absolutely you can you’re entitled as a client to your entire file if you want it

Patrick McCullough

It should not be an issue as it would be unethical for any attorney not to supply you with any and all portions of your file.

Jeffrey Mark Adams

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

Alan Baker

Yes you can ask your attorney for a copy of the demand letter or any other documents in your file.

What happens if an attorney does not represent the client?

If the attorney does not represent the client, which I would ask to be confirmed in writing, then you have no obligation to provide any information regarding a case. In some situations, (such as if YOU were an attorney yourself), it would be an ethical violation for you to say anything.

What happens if you don't disclose who you represent?

Furthermore, if you or your company is involved with litigation and represented by an attorney already, any other attorneys should never contact you but should go through your attorney directly. This is an ethical rule. If the person tries to contact you again instead of your attorney, let your attorney know right away.

What is the obligation of a real attorney?

A "real attorney" has an obligation to maintain client confidentiality and not tell any Tom, Dick or Harry who s/he represents unless the client has specifically authorized them to do so.

Do you have to disclose the name of the client in a lawsuit?

In that case, the attorney doesn't need to disclose the name of the client. However, your situation sounds a little suspicious. If your company is involved in law suit with an individual, your company's attorney should be talking with the individual's attorney.

Can an attorney disclose who they are working for?

An attorney is not allowed to disclose who they are working for, unless they have that person's permission. Attorneys,for example, are not allowed to post a listing of their clients, unless each clients has given permission to be on the list. It is rarely in the client's best interest to have it revealed who their attorney is, and so the attorney should rarely ask to list such things. But, if an attorney is representing a person in a particular matter and if they are contacting an opposing party, then they should say who they are representing. But, this is not always the case and it depends what the situation is. For example, lawyers are allowed to act on someone's behalf and not reveal who they are working for, or even that they are working for anyone. This is often the case, especially in big real estate bargaining. However, if someone calls you for information and you are not satisfied that they have a right to know, you do not need to answer or give them any information at all. If a lawyer is representing a person and is going to discuss or negotiate on the person's behalf, they will let you know they are engaged to represent the person in that dealing. If there is a court case pending and a lawyer is officially representing a party, they will put their name on the court filings, and will often send letter saying whom they represent. Often, a lawyer may seek information on behalf of a client, but not want to reveal for whom they work. It is up to you to decide whether you wish to give such a person information. The one main thing a lawyer cannot do is lie and say they represent someone they do not represent. So if you ask a lawyer whom they represent in the matter, if anyone, the lawyer is not allowed to falsely name someone. But, they can refuse to answer, and you can refuse to discuss with them. However, in some locations, there are special rules about a lawyer acting as a real estate agent being allow to bluff certain things. To accurately answer your question, I would need all the details.

Is the identity of a client confidential?

The identity of a client is usually considered to be confidential information - so the attorney was correct in not answering your question. Usually, it is only after the client grants permission to the lawyer to reveal the relationship - then the attorney is permitted to do so.

Is a lawyer's communication confidential?

Communications between an attorney and the attorney's client are confidential unless the client waives the privilege. There are, however, many exceptions. Since you did not mention having any exceptional legal relationship to the client or the client's attorney, the answer most likely is no. Report Abuse.

Gerald Gould Knapton

California's Rules of Professional Conduct 3-700 applies to this situation. Here is how it reads: "D) Papers, Property, and Fees. A member whose employment has terminated shall: (1) Subject to any protective order or non-disclosure agreement, promptly release...

John R Gorey

I agree with the other contributers in their assessment of your rights. The key question is whether you have discharged the attorney or not. If you have discharged the attorney, then the original file is yours and the discharged attorney would be responsible to pay for copying the file.

Pamela Koslyn

If your case has resulted in a large file, then a week isn't unreasonable, and for the same reason, the lawyer may not be able to devote a staff member and their copy machine to getting you copies faster than a week. One deposition transcript alone can take someone hours to copy...

What Can Be Discovered

Limits on What Can Be Discovered

Discovery Procedures

• There are four types of formal discovery tools that are frequently used in lawsuits. They are: 1. Depositions.In a deposition, one party or that party's lawyer conducts face-to-face questioning of the other party or a witness to the dispute. The person being questioned (the "deponent") must answer under oath, and the answers are recorded for later ...

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