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I was in a civil lawsuit that required much personal

I was in a...

I was in a civil lawsuit that required much personal information during Discovery. I found out that the plaintiff's girlfriend prepared most of the documents for the expert accountant using my personal information including Tax Returns, Joint Bank Statements which includes my my wife who was not a party to the lawsuit, and many other personal data which is normally personal. My question is whether it is legal for a person that is not the plaintiff or attorney, allowed to see my extremely personal documents or is this an invasion of privacy as the girlfriend is not a party to the case? I realize that the lawsuit is public information with the exception of some Discovery documents. Thanks-,

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Pennsylvania

Lawyer's Assistant: Has anything been filed or reported?

The case is over. I lost.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I cant think of anything

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Answered in 1 minute by:
9/13/2017
Roy Hadavi
Category: Legal
Satisfied Customers: 1,296
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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I am sorry to hear you lost the civil case and that your personal information was shared.

Unfortunately, there is nothing legally precluding the use of an assistant, such as the plaintiff's girlfriend to prepare a case and manage the discovery documents.

I am sorry that I do not have better news for you and that the matter is so cut and dry legally.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 9 months ago
I also was advised by my doctor not to testify as I have ADHD, OCD, and Autism for which I take many psychoactive prescription medications. I even had a letter from my doctor but my attorney said it would make me look weak and never mentioned this to the judge. Is there an ethical duty to disclose such information as I knew I was not going to be good at testifying as a result, and my answers were affected by the medications. I am currently in the post trial motion and appeal stage.

I am sorry that this case was so difficult.

What you are describing is a strategic decision and would depend on the circumstances between you and the attorney. The attorney may truly have believed that it would be beneficial. Because this is a strategic decision, and not necessarily a black & white good or bad decision, it would not be an ethical or malpractice claim.

Again, I am sorry that I do not have better news for you.

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Customer reply replied 9 months ago
One final question. I am noe in chapter 7 bankruptcy and the trustee wants to depose me. I have already provided all of my peronsal information and documents requested but I was advised by my doctor again not to be deposed. I have not spoken to my lawyers yet, but I only see being deposed as something that could potentially be harmful as I can't say anything that hasn't been produced, and speaking can just harm me as I tend to ramble on and talk too much. I am also takung double the medication than when I was at trial. My question is whether they can force me to be deposed or should we claim undue hardship? I know my attorney's will not like this but its the truth, I am losing my mind. I don't care if the trustee or court dismisses the entire bankruptcy at this point since I dont believe they can get any more then my personal assets which I have already disclosed. My wife is not on the suit and I re-affirmed our joint debts such as the mortgage. What is the risk of filing a motion to not allow deposition? Thanks-

There is no risk. If the motion is granted, great. If the motion is denied, then you will of course have to be deposed once more.

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Customer reply replied 9 months ago
What if I refuse to talk at the deposition based on my doctors orders or continue to say "I don't know?" I know this will frustrate the trustee but can they throw me in jail for contempt?

If you legitimately don't know the answer to a question, then you can say so.

However, if they depose you and it is clear that you are not cooperating, then they can get an order from the court to compel you to cooperate. If you do not cooperate after the order to compel is granted, then yes, you could face jail time and/or a fine.

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Customer reply replied 9 months ago
ok. Thank you-

You are very welcome.

Did you have any follow-up questions or need me to clarify anything? If not, please do not forget to rate my services at the top of the page (hopefully 5 stars), otherwise I get no credit for helping you today.

Roy Hadavi
Category: Legal
Satisfied Customers: 1,296
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified
Roy Hadavi and 87 other Legal Specialists are ready to help you
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Customer reply replied 9 months ago
Everything was great. Thank you-

You're very welcome.
Thank you so much for the 4-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: https://www.justanswer.com/law/expert-royhadavi/ Or, simply request “Roy only” in the first line of your question.

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