how to find out if possible attorney knows defendant

What do plaintiffs want to know before going to trial?

May 05, 2014 · Like federal scrip, you can create debt by articulating an argument on paper. That is what statutory law is, the creation of debt. On average if the paperwork is not a valid contract it is simply at best a billable script called attorney ‘work product’. know the difference, an attorney is a processor of statutory law.

How can a plaintiff find out if a defendant owns property?

Jan 21, 2015 · How do I find out who the defendant's lawyer is? I am being ignored every time I ask HR for who their representing attorney is. My former employer is in GA, a private sector tech insurance company. I need to ask for my files, submit complaints, etc. but HR is ignoring me I need to be speaking to their attorney.

What can a plaintiff ask a defendant in a civil case?

There are two opportunities to find out the identity of a confidential informant: before and during trial. If a defendant doesn't ask for disclosure of the identity at one of these two times, then the issue is waived (meaning that the defendant can't find out the identity later).

Why did my attorney tell me not to show up to court?

Finding Out About The Defendant's Assets. A plaintiff bringing a lawsuit most likely will want to know whether the defendant has the means to pay off a judgment should the plaintiff win at trial. Additionally, a plaintiff will want to know about the defendant’s assets if they have received a judgment against the defendant.

What if a lawyer knows his client is lying?

If a lawyer, the lawyer's client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

Do defense attorneys know the truth?

Truthfully, a defense lawyer almost never really knows whether the defendant is guilty or not of the charged crime. Even if he says he is guilty, he actually may not be and may be lying to take the fall for someone he wants to protect.

What is a Brady violation when it comes to discovery issues?

A “Brady Violation” is what happens when the prosecutors in a criminal case fail to perform their constitutional duty to turn over helpful evidence to the people they have charged with crimes.Mar 12, 2021

How do you know if a witness is lying?

Understanding What Lawyers Look for to see If a Witness is LyingPremise. ... Verbal Indicators. ... No Response/Non-Responsive. ... Delayed Response. ... Repeating the Question. ... No Denial. ... Overly Specific/Overly Vague. ... Protest Statements.More items...

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

Should you tell your attorney everything?

It is the kind of information that the client may wish to share with anyone – even their lawyer. The truth is this – a lawyer, any lawyer handling any important legal matter must have all of the facts and evidence in the case to do their job.Jun 13, 2021

When must Brady evidence be disclosed?

Because they are Constitutional obligations, Brady and Giglio evidence must be disclosed regardless of whether the defendant makes a request for exculpatory or impeachment evidence. Kyles v. Whitley, 514 U.S. 419, 432-33 (1995).

What is the Giglio rule?

A Giglio or Brady list is a list compiled usually by a prosecutor's office or a police department containing the names and details of law enforcement officers who have had sustained incidents of untruthfulness, criminal convictions, candor issues, or some other type of issue placing their credibility into question.

What types of evidence must be disclosed by the prosecution?

Under the U.S. Constitution, the prosecution must disclose to the defendant all evidence that proves guilt as well as all evidence that proves innocence. Evidence generally falls into three categories, inculpatory, exculpatory, and impeachment.Mar 9, 2020

What are the 5 signs that someone is lying?

A Change in Speech Patterns. One telltale sign someone may not be telling the whole truth is irregular speech. ... The Use of Non-Congruent Gestures. ... Not Saying Enough. ... Saying Too Much. ... An Unusual Rise or Fall in Vocal Tone. ... Direction of Their Eyes. ... Covering Their Mouth or Eyes. ... Excessive Fidgeting.More items...

What are the 17 signs of lying?

Here are Seventeen Things to Watch for:Body language speaks louder than words. ... A liar will often cross his or her arms across their body as they speak. ... Eye contact is another thing to pay attention to when trying to spot a liar. ... When a liar says contradictory things, it's an obvious sign that they're lying.More items...•Mar 24, 2015

How do you prove a liar?

Here are 5 foolproof ways to do so effectively:Take note of any inconsistencies. If you suspect someone of lying, pay attention to any inconsistencies in their story. ... Throw them off by asking the unexpected. ... Pay close attention to their behavior. ... Look for microexpressions. ... Be suspicious of extra details.Feb 19, 2019

Information The Prosecution Has to Share With A Criminal Defendant

In a criminal case, the prosecution must disclose information that forms the basis of its case. This process is called discovery. A defendant is en...

Uncovering The Identity A Confidential Informant

The general rule is that the prosecution doesn’t have to disclose the identity of a confidential informant. However, this rule has many exceptions;...

“We Don’T Even Know Who He Is!”

The prosecution and police typically don’t have to reveal the identity of an informant if they don’t have it. So if they get an anonymous phone cal...

What is the process of discovery in a criminal case?

In a criminal case, the prosecution must disclose information that forms the basis of its case. This process is called discovery. A defendant is entitled to the names and statements of the witnesses that the prosecution plans to call, as well as a list of physical evidence and documents.

How to determine if an informant is a witness?

Factors the court will consider in deciding whether a confidential informer's identity should be revealed include: 1 the possible defenses the accused might use 2 whether the CI might have information helpful to the defendant's case 3 whether the accused already knows the CI's identity 4 whether the defendant wants to call the informant as a witness, and 5 whether there is evidence of guilt apart from the information supplied by the informant.

Why is confidential informant important?

The government has an interest in not giving up the identity of a confidential informant to a defendant or anyone else. After all, a CI is someone who came to the police voluntarily and doesn't wish to be identified, often because of a fear of retaliation. Courts have long recognized the importance of the confidential informant in solving crime.

Do you have to disclose the identity of a confidential informant?

The general rule is that the prosecution doesn't have to disclose the identity of a confidential informant. However, this rule has many exceptions; if a criminal defendant can show the importance of the CI's identity to the case, it may be possible to find out who's been talking to the cops. After a defendant has made a motion to reveal ...

What do plaintiffs want to know about a judgment?

Plaintiffs will want to know whether the defendant has the means to pay off a judgment before going to trial. Additionally, plaintiffs will want to know about the defendant’s assets if they have received a judgment against the defendant.

What is the process of inquiring about a defendant's assets called?

In some jurisdictions, the process of inquiring about the defendant’s assets is called a Debtor’s Examination. Here, the defendant must swear to tell the truth about information pertaining to his income and assets.

Can financial institutions be garnished?

Financial institutions may be garnished as another collection technique. This process is very similar to the process of getting a wage garnishment. The court may have standard forms that are used for this purpose. The sheriff serves the financial institution with these forms.

What is the discovery process?

Some plaintiffs may attempt to learn about a defendant’s assets as part of the discovery process. This process is initially commenced at the beginning of a case. The plaintiff may ask about insurance policies that subrogate the defendant and ownership of certain assets. However, discuss this possibility with a lawyer ...

Can a county sheriff seize money?

If the defendant is a business, the county sheriff can seize money in a cash register. Additionally, the defendant can be ordered to allow the sheriff to collect funds from the business throughout the business day provided by customers.

Can a plaintiff find out if a defendant owns real property?

By conducting such a search, a plaintiff can help uncover whether the defendant owns any real property.

William Thomas McCaffery

Where does the person live and in what type of case do you believe he/she may have been represented by the attorney? In New York, for example, some of this information may be online on the New York Court System website. If the attorney represented the person in Federal Court, the information could be on the Federal Courts' PACER system.

Glenn Johnston

Not sure if this is really an intellectual property question, since you are only asking about how to find out who their lawyer is. Here are a few suggestions:#N#1. If they have ever been involved in a lawsuit, their lawyer would have likely filed an appearance in the case.#N#2.

Eric Edward Rothstein

If there has been any litigation the information would be in the court file and perhaps on line at nycourts.gov although that information is not always correct or up to date.

Floyd Edwin Ivey

The attorney-client is Privileged. Unless published in a case or in the news there should be no access to the relationship. You can speak with an Intellectual Property attorney regarding this privilege.

What is the jury's task in a criminal case?

It is the jury’s task to decide if the evidence presented is sufficient to convict. In a criminal case, beyond all reasonable doubt and in a civil cas. Continue Reading.

What is the jury's job?

It is the jury’s task to decide if the evidence presented is sufficient to convict. In a criminal case, beyond all reasonable doubt and in a civil case on the balance of probabilities is the guideline. If it is proved that the summing up was not wholly objective, an appeal to a higher court could succeed.

What is the role of the judge in a trial?

In a trial by jury, the judge acts as the trier of law (ultimate arbiter of what the law means and how it is applied) and the jury the trier of fact (decides factual disputes). If there is no jury, the judge wears both hats (resolves both factual and legal disputes).

Can a plaintiff demand a jury trial?

As a plaintiff, there are occasionally things you can do to prevent the defendant from having the right to demand a jury trial: Some jurisdictions only grant right to a jury trial if amount in controversy exceeds a certain threshold. Thus you could. Limit the damages you seek to an amount below the threshold or.

Do judges bend over backwards?

All other things being equal, most judges bend over backwards to avoid the appearance of impropriety and try to recuse themselves whenever they have a connection to one of the parties, even if the ethical rules don’t mandate recusal.

What is a criminal defendant?

Criminal defendants are people who are accused of violating the criminal laws of their state, such as burglary or false imprisonment. It may also refer to someone who is accused of violating a federal law.

What does "defendant" mean?

A "defendant" is a general term used to describe a person who or an entity that has been accused of violating the law in some way. Unfortunately, this term commonly carries a stigma of someone who has done something wrong. However, it is extremely important to remember that a defendant has not yet stood trial, and thus must be presumed innocent. ...

What happens at arraignment?

At your arraignment, the prosecutor may offer a reduced charge or sentence in exchange for you pleading guilty to the crime. Your attorney can evaluate the offer and help you decide how you are going to answer the charges at your arraignment. The Right to a Speedy Trial in a Misdemeanor Case.

Should I tell my attorney about my case?

Although you don’t want to talk to police, you should tell your attorney as much as you can about your case. You can do so with confidence because what you say to your lawyer is strictly confidential. This will help your attorney craft a winning defense strategy.