Consequences for Attorneys?

[nan34]

What is the name of your state? TX
Thank you again for the response. Next question. During a deposition of me, my STBEX's attorney insistied on questioning me about the illegally recorded conversations. She asked detailed questions about these. Could my STBEX's attorney also be criminally liable for the use of tapes made in violation of the Act. I read a case (US v. Wuliger, 981 F.2d 1497 (6th Cir. 1992)). This case points out that an attorney may be criminally liable for the use of tapes made in violation of the Act. In that case, the attorney used the tapes to cross-examine the wife. The attorney was convicted of intentionally using the contents of a telephone conversation recorded in violation of 2511 of the Act. His conviction was overturned only because the jury was not instructed that the attorney had to know or have reason to know that the tapes were made illegally, and the attorney claimed he did not know that the husband had made the tapes without the wife's knowlede.
In my case, although my STBEX's attorney claims that the recordings are not illegal, my attorney has adviced her that they are. My STBEX's attorney, even after being adviced, insisted in questioning me about the illegal recordings during the deposition. Please advice???

 

[nan34]

Continuation

Should I clarify my question so that I can get a response?

 

[Boxcarbill]

What is the name of your state? TX
Thank you again for the response. Next question. During a deposition of me, my STBEX's attorney insistied on questioning me about the illegally recorded conversations. She asked detailed questions about these. Could my STBEX's attorney also be criminally liable for the use of tapes made in violation of the Act. I read a case (US v. Wuliger, 981 F.2d 1497 (6th Cir. 1992)). This case points out that an attorney may be criminally liable for the use of tapes made in violation of the Act. In that case, the attorney used the tapes to cross-examine the wife. The attorney was convicted of intentionally using the contents of a telephone conversation recorded in violation of 2511 of the Act. His conviction was overturned only because the jury was not instructed that the attorney had to know or have reason to know that the tapes were made illegally, and the attorney claimed he did not know that the husband had made the tapes without the wife's knowlede.
In my case, although my STBEX's attorney claims that the recordings are not illegal, my attorney has adviced her that they are. My STBEX's attorney, even after being adviced, insisted in questioning me about the illegal recordings during the deposition. Please advice???

For starters, Texas is in the fifth circuit so we don't really give a big rat's fanny what any other circuit court rules. (If you have any doubt about this read Emerson in which the 5th Circuit court went against all other circuit on the interpretation of 2nd amendment.) Next, one has to go on a search to know what you are talking about in this post and from my search, I fail to see where your husband's attorney has used the tapes so maybe you could enlighten us. Questioning in depositions about tapes which your attorney claims to be illegally made is radically different from using a tape recording illegallly obtained to cross-examine the witness on the stand.