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  #1  
Old 10-15-2009, 10:06 PM
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Attorney threatening witness


What is the name of your state (only U.S. law)? Michigan
Hello, I'm going through a divorce and I'm in the custody part. My husband's lawyer also represents my children's doctor who is to be a witness in the custody case. This attorney was witnessed coaching the doctor on how to answer questions, " don't be specific, be vague with your answers. Answer with I don't recall or I'm not sure." This doctor is now afraid of losing his lawyer's services if he won't answer in this way. My case relies heavily on the doctor's testimony against my husband. Is there anything I can do about this attorney's behavior?
  #2  
Old 10-15-2009, 10:08 PM
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Unless the attorney is telling the witness to lie to the court, he is allowed to provide the witness with counseling as to the best way to answer questions.
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Quote:
Originally Posted by jdslilangel View Post
Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer.
  #3  
Old 10-15-2009, 10:42 PM
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What if the witness is afraid of losing the attornys' services, as his personal attorney, if he answers questions in a way that will damage her client's case?
This attorney is shifty, she has lied to the judge and although there is no way to prove this she and her client have been calling in "favors" around the county.
  #4  
Old 10-16-2009, 12:13 AM
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Quote:
Originally Posted by cyjeff View Post
Unless the attorney is telling the witness to lie to the court, he is allowed to provide the witness with counseling as to the best way to answer questions.
The doctor got the subpoena from my friend's lawyer. The doctor realized that the husband's lawyer was the same attorney he (the doctor) retaines for his practice. the doctor was concerned so called his attorney (the same as the husband's) to ask what he should do. The attorney came to the doctor's office and advised him, according to the office employee, to esentially play dumb. Be vague with his answers, don't answer directly. Say " I don't recall" or "I'm not sure". Now this is not this attorney's witness, the doctor is my friend's attorney's witness. Could that be witnes tampering, or does that not apply since the doctor is also a client. And that begs me to ask, is there anything wrong with that? Now the doctor is afraid of losing his attorney (who also represents the husband) if he doesn't do what she says.
  #5  
Old 10-16-2009, 06:36 AM
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Location: Ohio
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And the reason why you have three threads going on this? Quite frankly you are seeking someone to say YES you are right and you will be able to deprive dad of any and all contact with his children because he left you for a man or men and that is just a horrible horrible thing and he should therefore not get anything and you should receive sole custody, spousal support and child support which together take 90% of dad's income for the rest of his life and go from there.

So now I said it and YOU can QUIT posting several threads to get that answer (which is no where near legally correct but if it makes you feel better then my work here is done).
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #6  
Old 10-16-2009, 04:08 PM
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Quote:
Originally Posted by Ohiogal View Post
And the reason why you have three threads going on this? Quite frankly you are seeking someone to say YES you are right and you will be able to deprive dad of any and all contact with his children because he left you for a man or men and that is just a horrible horrible thing and he should therefore not get anything and you should receive sole custody, spousal support and child support which together take 90% of dad's income for the rest of his life and go from there.

So now I said it and YOU can QUIT posting several threads to get that answer (which is no where near legally correct but if it makes you feel better then my work here is done).
First of all, I'm not seeking anything from him, I want dad to have contact with his children, interact and actually be a dad. In fact it would be awesome if he showed any interest in being part of their lives (besides using them for bargaining and leverage as he is doing now). But at the same time I want them to be safe. Just to clarify, he didn't leave me for a man or men, he brought one of them into our home, with our children, and expected me to support him and wait on them like he was (forgive the pun) throwing a ****tail party. Our two daughters saw this, the youngest caught them spooning, and began to shut down. He is verbally and emotionally abusive in front of the children and has threatened me in front of them. They are in counseling now. And if any of several posts by you are any indication, you are very biased and seem to enjoy arguing with whomever you respond to.

So now I said it and YOU can QUIT being rude just for the sake of doing it ( which is no where near what people are asking for when they post but if it makes you feel better then yes, your work here should be done).

To keep this in perspective, he works for the city, is a licensed Realtor and has other income that he started hiding about a year ago. Also has the support of his wealthy mother and several, shall we say "benefactors" across the country and within this county government.

What I'm asking for is advice from this forum about how to stop my husband and his lawyer from manipulating the system and influencing local officials (the judge is a friend to husband's attorney, who also represents one of my key witnesses as his personal attorney).

Is there a website that deals specifically with this type of thing?

Thanks!
  #7  
Old 10-16-2009, 08:13 PM
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Posts: 3,763
Yes, it is called "Free Advice".

If you think the doctor is lying on the stand, call him on it.... but you better have proof.

By the way, unless your town only has one lawyer in it, that is the worst excuse EVER...

To me, it either translates to the doctor not wanting to jump on the crazy train with you or that he, too, has been boffing your ex and doesn't want his wife to know.
__________________
Quote:
Originally Posted by jdslilangel View Post
Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer.
  #8  
Old 10-16-2009, 10:32 PM
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Join Date: Oct 2009
Posts: 9
The town is really small which is why I went outside the county for a new attorney. I can prove it IF my doctor lies on the stand, but I don't think he will because he is not a fan of my husband. The question for him there is if there is conflict of interest since his personal attorney and my husband's attorney are one and the same. As far as other lawyers in this town, yes there are. But trying to find one thats not acquainted with my husband or his lawyer is not easy. Whats up with the "crazy train" comment? Did you actually use the term "boffing" By the way, that was a fairly crude comment. I'm sincerely asking for advice in regards to what my lawyer and I can do here.
Thanks again
  #9  
Old 10-16-2009, 10:59 PM
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Join Date: Aug 2007
Location: Texas
Posts: 739
Since you feel you have a reasonably competent attorney, he or she should be able to fully answer the questions you ask here and address these matters accordingly. Your attorney will also have the benefit of more information about your case than anyone here has.

Quote:
I'm sincerely asking for advice in regards to what my lawyer and I can do here.
Understand that most attorneys would bristle at any suggestion by their clients on how to do their job based upon any advice their client received on a free advice legal forum. So, give your attorney a chance to do what he is being paid to do and manage your case without you offering any legal advice, even if well intended.
  #10  
Old 10-17-2009, 05:49 AM
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Join Date: Oct 2009
Posts: 9
Thank you. So much nicer than some of the other replies. I guess I'm just scared about this whole thing, I've never needed to deal with an attorney before and I realize there is probably a method to what mine is doing. But after what happened with my first one I guess I'm more than a little nervous.

Thank you so much for not talking down to me, I get enough of that from my husband.

Thank you again
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