Personal Injury Law
Ask a Personal Injury Lawyer. Get an Answer ASAP
Thank you for your question. Please permit me to assist you with your concerns.Calling his attorney as a potential witness does create a conflict. The attorney can claim privilege and not testify, since by testifying he could damage his client's position. You should amend the complaint to point out the libel since by failing to respond to it, it can be later deemed to be truthful (as you did not contest it). You are likewise correct, you can always seek counsel, it is just that during trial to being an attorney on board the judge would have to allow it, something that the judge cannot control or rule over prior to trial. The fact you are self-representing now does not mean that you have to remain that way for the duration of the process.Good luck.
Thank you for your response, I need a point of clarification, you mentioned amending my complaint to include the libel involving defendants current counsel, correct? You went on to state that it could be deemed truthful as I didn't contest it. Please let me know if I have my bases covered, I did directly state that defendant used his current counsel as an agent to his defamation in the original complaint. I also made it a part of my case management statement, and asked the court to review it as a conflict and stated that I intended to call his current counsel to the stand, my question is since he made the choice to call and report the allegations for defendant who was at adult age, doesn't that action remove attorney client privilege? Should I have mentioned it at the case management conference as the judge did not mention it and according to court rules he is supposed to review our statements.
Thank you for your follow-up, Nusun.My apologies but I stated to amend the complaint pertaining to libel, not to attach your counsel to it. It only becomes defamatory if the counsel was aware of the claims as false, and if all he was doing was representing his client's interests, no judge would deem the attorney's behavior as beyond the scope of his representation. Using the attorney as an agent is not quite enough, you would have to show that the attorney was aware directly that the information was false and filed it anyway. No, it does not remove his attorney-client privilege for removal--it simply makes that attorney responsible as far as reporting but no further. He cannot discuss the inner communication with you or with anyone on the stand for that would get him disbarred.Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).