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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 113538
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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MA** we're involved in a heady litigation with someone

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MA** we're involved in a heady litigation with someone working with an unethical attorney. The attorney subpoenaed our bank for both our personal and business bank documents while we were away on a monthlong vacation, without also having given the same notice to our attorney. While they may have the right to examine the business documents, they may not have the right to examine our personal records. At this point we can only assume that our bank passed along the requested documents as according to the letter, the documents were supposed to h ave been produced by December 15. We have requested our bank to give us all copies of documents they produced to the other side. What if, in the course of examining our personal records, they find information that would be damaging to our case. that is, what recourse is there for information obtained in an unethical manner?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The issue with discovery is that while ultimately your personal bank records may not be admissible in court, they could lead to the discovery of admissible evidence or show proof of skimming money from the business. So, if the opposing party can show any belief to justify that they need to track the money from the business, then legally the court could allow the opposing party to get those records in discovery. If they do not prove anything, they cannot use them in the trial, but the rules of discovery do not say that everything they request has to be used in trial, they only say that a party may request in discovery anything that may reasonably lead to the discovery of admissible evidence, which is a pretty broad scope.
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Customer: replied 1 month ago.
however, they did not even notify our counsel with a copy of the subpoena. this is clearly unethical as we would have had reason to quash the subpoena for our personal bank records as that had little to do with the business.
Thank you for your reply.
If they did not send notice of the subpoena, your attorney should be objecting to the information and file a motion for sanctions against the opposing party.
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