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Should lawyer talk to witnesses before taking case?

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lbb87

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

My father hired a lawyer to bring a lawsuit against the local county government for illegal things they did to him during their case against him. My father gave this lawyer all the information, paperwork, etc. about the case and the lawyer got additional paperwork from the county attorney. Apparently my father told this lawyer there were witnesses and explained what the witnesses had seen. So this lawyer takes several weeks to months to investigate the case. Then he tells my father he thinks he can win and will take the case. So they go to court and the judge tells them they don't have enough evidence right now to make a case. So the lawyer talks to the three witnesses which includes me. Two of us basically tell the lawyer we saw and heard nothing and that my father is mistaken about what we saw and heard, which is the truth. I have no idea what's going on with the third witness. From what my father says, without the witnesses, there's not enough evidence for a case.

Shouldn't this lawyer have talked to the witnesses prior to telling my father he can win this case and that he would take the case? It doesn't seem like what this lawyer did is right. It doesn't make sense that the lawyer would spend several weeks to months researching the case but not talk to the witnesses until after he decided to take the case. Opinions or advice anyone?
 


Hot Topic

Senior Member
You and the other witness were truthful with the attorney. You told him that the two of you didn't see or hear anything. Your father made the mistake in thinking that you did and counted on you and the two other people to make his case for him.

Your father is to blame.
 

lbb87

Member
Well I know my father is at fault here. But was it the lawyer's responsibility to talk to us witnesses before either taking the case or telling my father he could win it? I'm not looking to cause problems with the lawyer, I just need to know.
 

Zigner

Senior Member, Non-Attorney
Well I know my father is at fault here. But was it the lawyer's responsibility to talk to us witnesses before either taking the case or telling my father he could win it? I'm not looking to cause problems with the lawyer, I just need to know.
You got your answer to this question...
 

latigo

Senior Member
What a dull read!

Any other “earthshaking” gossipy events stirring about your neighborhood that might be of similar riveting interest?

Besides your dog ain’t even in the fight!
 

Ohiogal

Queen Bee
Well I know my father is at fault here. But was it the lawyer's responsibility to talk to us witnesses before either taking the case or telling my father he could win it? I'm not looking to cause problems with the lawyer, I just need to know.
The attorney is supposed to do work for free? And he was basing his guess of the outcome on what YOUR FATHER told him. The fact that your father misrepresented material facts is the issue. Your father should have been honest.
 

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