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Did this lawyer violate my civil rights?

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questions99

Junior Member
California

At the moment I'm somewhat indirectly involved in a civil lawsuit between a lawyer and a family member. Without getting too much into details, the lawyer has said that he has cause to sue me as well, but will refrain from doing so on the grounds that I act as a witness against the family member. I recently had to provide testimony during a deposition within the case, however just prior the start of the deposition, the lawyer approached me before hand and informed me that he was filing a lawsuit against me, but would not serve the lawsuit if I said something specific against my family member during questioning. I obviously felt very pressured to answer the questions in a certain way, as I don't have the resources to fight a lawsuit. When I made a comment about him wanting me to say a specific answer, he quickly tried to reinforce that "he" didn't want me to say anything, and that I needed to say the truth, but that I needed address my family members actions in a certain way during questioning. I do specifically remember him talking about how such a lawsuit would have a horrible effect on my life for years to come, and if I wanted to avoid that, I needed to say that specific thing against my family member. I did talk about the incident during the deposition, so some fact about it are on record. During the deposition, he said it was not a "threat" because he would have to prove what was said in the lawsuit against me.

The question I have is, did this lawyer violate my civil rights, or commit any kind of wrong doing by this? Can I tell the judge about what happened? Also, what he wanted me to say about my family member was somewhat true, but not to the degree he wanted me to say. I would have phrased it much differently without the pressure of this lawsuit. During the deposition, it seemed like he was trying to push me into a corner to answer other questions specifically, but I couldn't because I truthfully didn't know.

Thank you.
 


latigo

Senior Member
California

At the moment I'm somewhat indirectly involved in a civil lawsuit between a lawyer and a family member. Without getting too much into details, the lawyer has said that he has cause to sue me as well, but will refrain from doing so on the grounds that I act as a witness against the family member. I recently had to provide testimony during a deposition within the case, however just prior the start of the deposition, the lawyer approached me before hand and informed me that he was filing a lawsuit against me, but would not serve the lawsuit if I said something specific against my family member during questioning. I obviously felt very pressured to answer the questions in a certain way, as I don't have the resources to fight a lawsuit. When I made a comment about him wanting me to say a specific answer, he quickly tried to reinforce that "he" didn't want me to say anything, and that I needed to say the truth, but that I needed address my family members actions in a certain way during questioning. I do specifically remember him talking about how such a lawsuit would have a horrible effect on my life for years to come, and if I wanted to avoid that, I needed to say that specific thing against my family member. I did talk about the incident during the deposition, so some fact about it are on record. During the deposition, he said it was not a "threat" because he would have to prove what was said in the lawsuit against me.

The question I have is, did this lawyer violate my civil rights, or commit any kind of wrong doing by this? Can I tell the judge about what happened? Also, what he wanted me to say about my family member was somewhat true, but not to the degree he wanted me to say. I would have phrased it much differently without the pressure of this lawsuit. During the deposition, it seemed like he was trying to push me into a corner to answer other questions specifically, but I couldn't because I truthfully didn't know.

Thank you.
No. You were not thus deprived of any “rights privileges or immunities secured the Constitution and laws”. (42 U.S.C. Section l983.)

However, depending on the specific questions and your responses you may have committed felony perjury punishable by imprisonment up to 4 years.. (Cal. Penal Code Section 118)

And it would be no defense to such a charge that you were supposedly financially coerced into lying under oath.

But the attorney that may have influenced perjury on your part would also be guilty of subornation of perjury; also a felony crime. (Cal. Penal Code Section 127)

Assuming what you stated is true, the attorney would have committed a serious ethical violation properly to be addressed by the California Bar Association.

The problem as it appears to me is that you are in a Joseph Heller Catch-22. Meaning if you call the dogs on the attorney for coercing you into giving false testimony the hammer could fall on both of you.
 

latigo

Senior Member
It appears he has put the squeeze on you in a professional manner. (?) It does not appear he has broken any laws yet.
Is that so?

Perhaps you should try reading Section 127 of the California Penal Code (below) and then in your special pretentious "professional manner" explain why it still appears to you that "the attorney has broken no laws yet":

. Every person who willfully procures another person to commit perjury is guilty of subornation of perjury, and is punishable in the same manner as he would be if personally guilty of the perjury so procured.
What you know about American Jurisprudence, any area of it, wouldn’t make a pimple on Thimbelina’s gluteus maximus!
 

OHRoadwarrior

Senior Member
Please Oh Wearer of the Dunce Cap, please explain to me how you managed to twist this quote into your response.

he quickly tried to reinforce that "he" didn't want me to say anything, and that I needed to say the truth, but that I needed address my family members actions in a certain way during questioning.


Is that so?

Perhaps you should try reading Section 127 of the California Penal Code (below) and then in your special pretentious "professional manner" explain why it still appears to you that "the attorney has broken no laws yet":



What you know about American Jurisprudence, any area of it, wouldn’t make a pimple on Thimbelina’s gluteus maximus!
 
The attorney may have violated California Penal Code section 137(a), which makes it a felony to influence a witness' testimony with a bribe.

The attorney's actions definitely appear unethical to me, but I can't say for sure that his offer to drop the suit would be considered a bribe or that he asked you to alter your testimony enough for it to be considered influenced.

You can always file a complaint with the State Bar and let them sort it out.
 

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