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If I'm interested in hiring someone as an executive, but…

If I'm interested in hiring...
If I'm interested in hiring someone as an executive, but have found a past lawsuit against her/him negatively affecting her/his reputation. I talked to her/him about that past lawsuit, and she/he said the lawsuit public records and results were not fair because issues or problems with the plaintiff, the judge, the attorneys, the insurance company etc. I trusted this executive candidate, and wanted to do something to help fix his/her reputation. What I can do, and what kind of attorney I should talk to, IP attorney, litigation attorney, or else? Thank you.
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Answered in 5 minutes by:
3/19/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,372
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

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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Thanks so much for your patience on this. Unfortunately, if this person has been sued, then it is going to remain public record. The law requires that unless a judge has legal authority to seal a record, the records are going to be publicly available. The Constitution requires that proceedings be made public so abuses that would happen outside of the public's view are avoided.

In this case, if this person has been sued and the results are public, then there isn't much that they are going to be able to do about it other than maybe request with a judge to seal the records. The problem is that records are usually just sealed in cases where the court is trying to protect the identity of a child or if there is a national security threat.

As a result, you won't be able to have your executive have this cleaned up. It'll be in the court's records permanently. I'm very sorry.

What other questions did you have for me today about this?

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Customer reply replied 5 months ago
Thanks for the answer. The executive candidate said that he/she talked to several attorneys after the lawsuit was over. Some attorneys believed the attorneys involved in that lawsuit were not doing things right and should be fixed. Some attorneys suggested the executive candidate file police report for perjury investigation on plaintiffs. May I know what you think about these, are these going to be helpful?

You're certainly welcome. The executive might have some options to privately get recourse from the attorneys who did things that were not right and a perjury claim for those who did lie in court would also help salvage more of her reputation as well. As far as her attorneys, was it her attorneys or the other sides?

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Customer reply replied 5 months ago
Would you please explain a little more about 'privately get recourse from the attorneys'? Attorneys on both sides.

For her attorneys (it could be a malpractice complaint); for the other attorneys (it could be a complaint to the bar if what they did was unethical.

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Customer reply replied 5 months ago
Thanks for your answer. Last question, what kind of attorneys (criminal law attorney or regular litigation attorney) normally would help with filing perjury claim?

Good question. Because a perjury claim can only be prosecuted by a district attorney, your friend would have to refer it to the DA's office and let them take the ball from there. They would review the record and just follow the investigatory path as they would any crime.

Did you have any other questions for me today that I could help you with?

Legal Eagle
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Customer reply replied 5 months ago
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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.

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