Wrongful Death

[Heidi]

My brother was murdered 8 months ago. 1st trial is scheduled for September. Should we inform our prosecutor that my family is ready to retain an attorney to file a wrongful death suit against all three men charged? I would be grateful for any advice you could offer!

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Heidi:
My brother was murdered 8 months ago. 1st trial is scheduled for September. Should we inform our prosecutor that my family is ready to retain an attorney to file a wrongful death suit against all three men charged? I would be grateful for any advice you could offer!<HR></BLOCKQUOTE>

My response:

I can see no advantage, or disadvantage, for you telling the prosecutor about instituting your own, private, civil action - - so don't bother. Now, as for defense counsel, KEEP YOUR MOUTH SHUT. You'll know why I say that when you've retained an attorney for your wrongful death action.

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[Heidi]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
My response:

I can see no advantage, or disadvantage, for you telling the prosecutor about instituting your own, private, civil action - - so don't bother. Now, as for defense counsel, KEEP YOUR MOUTH SHUT. You'll know why I say that when you've retained an attorney for your wrongful death action.

IAAL

<HR></BLOCKQUOTE>
Thank you for your view. I was a little concerned b/c we have such a good relationship w/the prosecutor and I do not want him to feel betrayed by being unaware of our intentions. However, I do not know if he would be obligated to inform the defense attorney. Could you elaborate a little more?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Heidi:

Originally posted by I AM ALWAYS LIABLE:
My response:

I can see no advantage, or disadvantage, for you telling the prosecutor about instituting your own, private, civil action - - so don't bother. Now, as for defense counsel, KEEP YOUR MOUTH SHUT. You'll know why I say that when you've retained an attorney for your wrongful death action.

IAAL

<HR></BLOCKQUOTE>
Thank you for your view. I was a little concerned b/c we have such a good relationship w/the prosecutor and I do not want him to feel betrayed by being unaware of our intentions. However, I do not know if he would be obligated to inform the defense attorney. Could you elaborate a little more?

My response:

Okay. Perhaps you shouldn't tell the prosecutor because it has no bearing on the prosecution of the criminal case; but, should the information somehow get out and into the hands of defense counsel, you could really mess up your Civil Action. You'll get this info from your Civil Attorney anyway - - so, if the defendants go to trial and are found guilty, you can use the evidence and the criminal verdict against them. However, if the defendants plead "No Contest" you can't use that in your potential Civil Action. Now, it's probably a foregone conclusion, but if defense counsel knows your intentions, or if he feels that his clients could be sued in a Civil Action, he could advise them to, in fact, plead "No Contest." Let's hope he doesn't, and the defendants are convicted.

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."