TDCAA    TDCAA Community  Hop To Forum Categories  Civil    Too close to the fire
Go
New
Find
Notify
Tools
Reply
  
Too close to the fire Login/Join 
Member
posted
I have a case on which I seek the counsel of my wiser and cooler-headed colleagues. Without divulging too much background info, we are suing to remove a county official. The county official is represented by a lawyer who also is the city attorney for a nearby municipality. One of our expert witnesses happens to be employed by that municipality (although it is his teaching position, not his municipal one, that drew our interest). The expert called me this morning and indicated that the city attorney had contacted his boss, and his boss called him in for a meeting to note that there was "a lot of concern" that his testimony might wind up hurting the city. I am less than pleased. I'm aware of the First Amendment, conflict of interest and other implications, but I'm looking for a pragmatic approach to this problem. If my expert bails on me, I will be a very unhappy little drone. Any ideas?
 
Posts: 1233 | Location: Amarillo, Texas, USA | Registered: March 15, 2001Reply With QuoteReport This Post
Member
posted Hide Post
After disclosing this person as your witness, did someone, or better yet someone in a position of influence, tamper with your witness, either directly or indirectly? I have had this happen, both as a prosecutor and a defense attorney.

And, I'll be direct, I think that, while you give a limited amount of facts, an ATTORNEY contacting the BOSS (employment, salary and yearly review provider) of a potential witness to say that the testimony would be DAMAGING to ATTORNEY's/BOSS's interests is highly improper, and could be viewed as an attempt to affect the livlihood of the witness. Can you prove it?
 
Posts: 319 | Location: Midland, TX | Registered: January 09, 2002Reply With QuoteReport This Post
Member
posted Hide Post
Scott:Rule 3.04. Fairness in Adjudicatory Proceedings
Rule 8.03. Reporting Professional Misconduct
 
Posts: 20 | Location: san antonio, texas | Registered: October 25, 2002Reply With QuoteReport This Post
Member
posted Hide Post
Scott:
Sorry about the previous reply but my thumbs pressed the wrong button. So here is what I was going to say in the first transmission. I think that everyone maybe skating on the verge of an "ethical" dilemma. The municipal attorney may have violated Tex. R. Prof. Conduct 3.04 Rule 3.04. Fairness in Adjudicatory Proceedings
A lawyer shall not:
(a) unlawfully obstruct another party's access to evidence; ...or counsel or assist another person to do any such act.
Also don't forget your obligations Rule 8.03. Reporting Professional Misconduct depending on the extent of your knowledge. Just a thought.
 
Posts: 20 | Location: san antonio, texas | Registered: October 25, 2002Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Civil    Too close to the fire

© TDCAA, 2001. All Rights Reserved.