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Attorney negligent???

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My 3 sons

Junior Member
What is the name of your state?

Is an attorney considered negligant that doesn't take steps to protect evidence that could potentially win a case?

Evidence is deleted text messages on a cell phone. The memory card fills up and the oldest messages are overwritten. Attorney knew last August or September and could have instructed us to hand over the phone while his forensic team retrieved these messages. Those messages were absolutley there then. But NOTHING was asked of us to do that and I knew no better - but am trying to educate myself quickly. I happened to find a software company over the internet that can extract deleted text messages. I ordered the software and card reader and pray that it isn't too late. :mad:What is the name of your state?
 


seniorjudge

Senior Member
My 3 sons said:
What is the name of your state?

Is an attorney considered negligant that doesn't take steps to protect evidence that could potentially win a case?

Evidence is deleted text messages on a cell phone. The memory card fills up and the oldest messages are overwritten. Attorney knew last August or September and could have instructed us to hand over the phone while his forensic team retrieved these messages. Those messages were absolutley there then. But NOTHING was asked of us to do that and I knew no better - but am trying to educate myself quickly. I happened to find a software company over the internet that can extract deleted text messages. I ordered the software and card reader and pray that it isn't too late. :mad:What is the name of your state?
Attorney knew last August or September and could have instructed us to hand over the phone while his forensic team retrieved these messages.


If you are asking if you can blame your lawyer for something you did, then the answer is no.
 

My 3 sons

Junior Member
No that isn't what I'm saying at all.

Why didn't the attorney tell us last fall that those messages were retrievable? Isn't that his job to know that ? If he had told us what to do then- we would have what we need. Or what am I missing here?
 

seniorjudge

Senior Member
My 3 sons said:
No that isn't what I'm saying at all.

Why didn't the attorney tell us last fall that those messages were retrievable? Isn't that his job to know that ? If he had told us what to do then- we would have what we need. Or what am I missing here?
Q: Why didn't the attorney tell us last fall that those messages were retrievable?

A: Is your attorney a cell phone expert? Why would your attorney know?


Q: Isn't that his job to know that ?

A: Of course not.


Q: If he had told us what to do then- we would have what we need. Or what am I missing here?

A: Common sense.
 

Dandy Don

Senior Member
Stop blaming the attorney--how could he be expected to keep up with the technical requirements of what happens with cellphone technology? Did you consider contacting your cell phone provider company to see if they could assist you in getting the information you want to retrieve? Sometimes they will help if you provide documented evidence that a pending lawsuit is involved.

DANDY DON IN OKLAHOMA ([email protected])
 

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