Misconduct?

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





Sally gets hurt walking down the sidewalk.
Needs knee replacement.
Decides she wants to file a lawsuit against a building owner.
Sally called Aunt Kara for legal advice and assistance.
Aunt Kara knows all the details of the case (as a family member and Lawyer)
Aunt Kara declines taking the case as lawyer of record, siting Conflict of interest
Aunt Kara refers Sally to Law Firm in which she retains
Sally and Aunt Kara have a falling out.
Courts find out that Aunt Kara has been in anonymous contact with the DEFENSE and funneling them false information in order to damage Sally's case.


Is Aunt Kara is a lot of trouble? Sanctions? Disbarment?

We don't do homework.

Really?

You couldnt have just answered? Seems that would be a breach of attorney client privilege, or at the least a ethical violation.

It's not clear in your post that Sally and Kara had an attorney-client relationship. Kara refuses to accept this case. And this does sound like home-work

Good luck

really20 said:

You couldnt have just answered? Seems that would be a breach of attorney client privilege, or at the least a ethical violation.

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most professors do not consider posting your question of the day on the internet legal forums as proper research. Learning about the law is as much learning how to research as it is anything else.

Oh. No, this is not homework.



I was attempting to be vague, with not many details because I know "Sally". And Sally is involved in a real life personal injury case where this went on.


Sally's family member was/is a PI attorney. Sally got legal counsel and advice presuming a confidence from this family member for months leading to the rift within the family. Over a year later, the family member made several contacts with the defense firm all while attempting to stay anonymous. The Defense disclosed this info in discovery, and is attempting through the courts to find out the identity of this unknown whistle-blower. Through the records of the correspondence Sally and her attorney know with 100% certainty this "unknown" person speaking to the defense is this estranged family member byt he info given to the defense, being it was biographical in nature, and was written by an attorney. It accused Sally of drug abuse when she fell, having preexisting knee injuries among other things. It also included details about the case that only Sally would have known.

Sally's attorneys are on it and claims it is a disbarment offense....


But I have questions.... NOT "homework".


Is it really disbar-able?
Ethics? Conflict of interests? Attorney client privileged?
If the courts do not allow the defense to find the identity of the person, there technically will be no court record of who this person is.... Could this action still be reported to the bar? Can they investigate?
I want to know what type of jeopardy this Aunt Kara put herself in?

It also included details about the case that only Sally would have known.

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well that clears everything up. If only Sally would have known, then she had to have provided the information to others. Question answered, problem solved.

Well she provided "that info" only to her attorney of record, and the lawyer in the family that she went to for advice.

Not sure what questions were answered.... or what problems were solved.

well, you said:

It also included details about the case that only Sally would have known.

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If Sally is the only party possessing that specific info, then Sally had to have given it to others. Now you come back and say she had disclosed it to others. That is an entirely different situation.

but what difference does it make. Your statement was that somebody (you blame Kara) of:

funneling them false information in order to damage Sally's case.

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Anybody could be guilty of such an act since it is false information. One does not have to have intimate knowledge of a situation to be able to give false information to another. Now, if it was true information, then you could start pointing fingers as the true and factual information was of limited disclosure.

You also claim the Kara's contact was anonymous so how do you propose anybody verify it was Kara. The people she is supposedly giving the information to could obviously not tell you who it was.

but even given that, you state:

Courts find out that Aunt Kara has been in anonymous contact with the DEFENSE

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so why would this be of concern:

If the courts do not allow the defense to find the identity of the person,

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You claim that both the courts and Sally are aware of Kara's actions.

on top of that:

It accused Sally of drug abuse when she fell, having preexisting knee injuries among other things.

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the pre-existing injuries would be discoverable information (unless Sally lied to the courts in an effort to hide the information) and not sure how the drug abuse plays into the matter at all.