Attorney coaching witness and lying

[helmedon1974]

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

Hello, I'm asking on behalf of a friend who is going through a divorce. She told me today that while at a doctor appointment for one of her kids one of the office employees pulled her aside to inform her of a conversation she overheard between the doctor, who is a witness in the custody case, and the husband's attorney. According to this office employee, the attorney was telling the doctor how to answer any questions at the hearing. She said [I]" Don't answer anything specific, be vague with your answers. I'm not advising you to lie, but answer like " I don't recall " or "I'm not sure".[/i] The attorney in question also represents the doctor as his lawyer. This is a good doctor with a wonderful staff, I've been going to him for years and don't think anyone there would lie. Speaking of lying, my friend and her attorney also said that the husband's attorney "flat out lied" to the judge in their recent custody hearing. The husband is well connected with local officials, friends with the Mayor, works for the city and has had "relations" with several city and county employees (male and female). My friend is on her second attorney, the first one being ineffective and turned out to be friends wit the husband's attorney. I was wondering if there is anything that can, or should be done about the husband's attorney?

[dave33]

It does not sound like anything improper took place. The attorney's often talk to witnesses,and answer questions. At best the behavior was questionable and if you feel the need, you can of course mention what you heard to your friend. I suspect that nothing will come of the situation. There are several plausible explanations for such comments. Attorney misconduct is often very hard to prove and they are given a lot of lee-way.

[Ronin]

No respectable physician with nothing to gain would allow themselves to be coaxed by an attorney to be evasive or less than honest regarding a medical opinion or treatment. However, if this physician is retained by the other attorney as an expert witness, then one might have cause for some concern. Fees for physician testimony can easily go over $500/hr.

All your friend can do is relay her information to her attorney. In turn her attorney can address this when cross examining the physician, should he testify in court. The attorney may have to subpoena the office employee to verify this, since at this point all your friend has is hearsay. Needless to say, the physicians employee could very easily lose their job over this.

[helmedon1974]

Originally Posted by Ronin

No respectable physician with nothing to gain would allow themselves to be coaxed by an attorney to be evasive or less than honest regarding a medical opinion or treatment. However, if this physician is retained by the other attorney as an expert witness, then one might have cause for some concern. Fees for physician testimony can easily go over $500/hr.

All your friend can do is relay her information to her attorney. In turn her attorney can address this when cross examining the physician, should he testify in court. The attorney may have to subpoena the office employee to verify this, since at this point all your friend has is hearsay. Needless to say, the physicians employee could very easily lose their job over this.

Thats what I was afraid of, but the employee said she knew what she was risking. I don't think this doctor (also my child doctor) would allow himself to be coaxed or would be evasive, but you never know.

However, if this physician is retained by the other attorney as an expert witness, then one might have cause for some concern. Fees for physician testimony can easily go over $500/hr.

The husband's attorney is also the doctor's "personal" attorney and I heard from my friend today that he is afraid of losing her as an attorney if what he says damages her case. Upon hearing this my friend's attorney asked her what she would be willing to settle for and this got her worried. She had to get him from another county because her husband and his lawyer a very well connected here, and husband's "mommy" has lots of money to spend on her only son and wants to raise the grandkids. I wish I could do something, this guy is slimey, he goes around with younger "men" and has very obviously shown no interest until now of wanting the kids. But he's going to end up getting them, and the house, because he has more money to pour into the case and will do anything/anyone to get what needs to do it. I feel really bad for my friend because these kids are her life, especially the 5 year old son who has serious medical issues that require constant attention, dad hardly knows how to treat them and as to have a nurse there when he has him because he can't hear the feeding pump alarm going off.