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Lawyer telling truth?

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film4kim

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

We Hired a lawyer to defend my husband from his ex who was claiming he was in contempt. Lawyer prooved he was not. Ex wife had submitted her "evidence" to our lawyer as he asked her to. When we went recently to pick up our box of paperwork, her "evidence" file was on top and secretary accidentally gave to my husband. He looked at it and saw that there were papers in it that were addressed to him at my address ( we have only been married 1.5 years) and the divorce was final in 2007. The secretary immediately freaked, took it back and wouldn't let him see it or have copies. The lawyer will not let us have it. If she took our mail, which she has done in past ( her mom is post master in our area and his forwarded mail was not getting to him- but that is another whole issue) then isn't she guilty of tampering with Mail according to Section 1708 of the United States code Title 18? Can we do anything to force our lawyer to give us the file so we can finally do something about her? Is he doing something illegal by holding papers in his possession he knows were obtained by illegal action from her?
 


H

Hot Topic

Senior Member
film4kim said:
What is the name of your state (only U.S. law)? Florida

We Hired a lawyer to defend my husband from his ex who was claiming he was in contempt. Lawyer prooved he was not. Ex wife had submitted her "evidence" to our lawyer as he asked her to. When we went recently to pick up our box of paperwork, her "evidence" file was on top and secretary accidentally gave to my husband. He looked at it and saw that there were papers in it that were addressed to him at my address ( we have only been married 1.5 years) and the divorce was final in 2007. The secretary immediately freaked, took it back and wouldn't let him see it or have copies. The lawyer will not let us have it. If she took our mail, which she has done in past ( her mom is post master in our area and his forwarded mail was not getting to him- but that is another whole issue) then isn't she guilty of tampering with Mail according to Section 1708 of the United States code Title 18? Can we do anything to force our lawyer to give us the file so we can finally do something about her? Is he doing something illegal by holding papers in his possession he knows were obtained by illegal action from her?
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You were given the evidence file by mistake. You've acknowledged that. You shouldn't have gone through it in the first place. This is a case of a former wife wanting vengeance against a former one. If you wanted a wrong righted, you should have filed charges against her when you claim she took your mail in the past.
 
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George1776

Member
The attny really does not know that he is holding illegally obtained mail. Did your attny have you complete an affidavit? Go and file a complaint with the post office if you like -- I dont know if they will actually do anything.

Yes, the attny would be in deep ship if it is discovered that he is knowingly holding illegally obtained documents...but for right now, I don't see that he knows.
 
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las365

Senior Member
You were given the evidence file by mistake. You've acknowledged that. You shouldn't have gone through it in the first place.
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No, the client's file belongs to the client, evidence and all (with general exceptions of evidence that is subject to a protective order and perhaps some attorney work product).
 
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George1776

Member
las365 said:
No, the client's file belongs to the client, evidence and all (with general exceptions of evidence that is subject to a protective order and perhaps some attorney work product).
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Normally yes, but if discoverable he cannot hide it & if illegally obtained he cannot return it to the client IMO
 
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