Abuse of subpoena power?

[omar_howler]

What is the name of your state (only U.S. law)? TX

Can a lawyer for a defendant subpoena information so that their defendant can then use that information (and separate lawyer and firm) to file a completely unrelated lawsuit? This information was used so they could become a plaintiff in a clearly unrelated lawsuit.

 

[tranquility]

You should put the facts above your question. But, yes, a defendant can use facts legitimately developed in one case as a plaintiff in another. However, he may have to re-prove those facts--depending on if the person he sues had the ability to deal with the facts previously. (Issue preclusion.)

 

[omar_howler]

Thanks. I'm new to this board. Not sure how many facts I can put here while trying to remain anonymous.

The plaintiffs lawyer (not the defendants) used a lawsuit that hadn't seen activity in years to subpoenaed a domain registry for private information. The domain registry complied and provided the domain name owner. That information was given to the defendant. The plaintiff has no knowledge of this.

A few months later, another lawyer filed a lawsuit against the domain name owner claiming defamation.

The three gentlemen involved are friends. Did they do anything illegal? If so, should I do anything about it?

BTW, the first lawsuit mentioned is still stagnant.

Thanks!

 

[tranquility]

There is nothing "illegal" about it. The parties in the first lawsuit should have objected to the third-party subpoena if it was not designed to discover relevant evidence.

 

[omar_howler]

If it's not illegal, is it unethical? The information subpoenaed clearly has nothing to do with the case under which is was issued.

 

[tranquility]

Unethical? No. The court is not being abused. If there were a problem in discovery, it should have been objected to or quashed or a protective order should have been sought.

The attorney did nothing wrong.