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LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 37851
Experience:  30 years legal experience
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In a phone conversation the other party stated that if the

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In a phone conversation the other party stated that if the person referred to in the conversation entered into competition with him that he wouldn't be suing the individual because "I can't sue a corpse." When I indicated surprise that he would refer to killing the individual he stated, "you can't sue a dead man."

I believe that there is clear and present danger to the individual referred to in the conversation.

Should I go to the police?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  LawTalk replied 7 years ago.
Good morning,

I'm sorry to hear of your dilemma.

I presume that you are the "dead man" referred to. Yes, you can consider the threat real and you should go to police, if for no other reason that if something happens to you, they will know where to begin looking.

You might also consider applying to the court for a protective order.

I wish you well.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

Customer: replied 7 years ago.
Thank you for timely response,

The individual actually isn't me.

The individual was the president of a company I consulted with for 5 months from late February 08 through the first week of June 08. He has gone off to start a business competing with his former business / employer.

I was on the phone with the owner of the former business (a non-practicing lawyer) discussing his attempts at redress for perceived slights / wrongs from the individual by threatening to file nuisance suits against myself and another former employee "because it only costs me 47 cents to file a suit." The comments made regarding "corpse" and "dead man" were repeated three times during that portion of the phone conversation with the kind of conviction used presumably to make certain that I understood his inuendo.

My questions are:

What are my legal responsibilities If I am witness to the speaker implying a threat that I believe to be real that the death of another will be the result of that other person doing something that the speaker is against?

If I take no action am I, by law, considered to be a co-conspirator?

Thank you again
Expert:  LawTalk replied 7 years ago.
Good afternoon,

My response is based on the presumption that you do not stand in any kind of a special relationship to either of the parties you have mentioned--ie psychiatrist, attorney. You have no legal responsibility to notify anyone of the perceived threats, just because you heard the threats.

And no, you would not be considered a co-conspirator simply by having been told what you have related.

I wish you well.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

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