Timeline for An attorney can't afford to pay for professional services to search & retrieve required documents for civil & criminal proceedings, what happens next?
Current License: CC BY-SA 4.0
18 events
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Aug 20, 2023 at 2:07 | comment | added | WBT | @RichardWard The two are closely linked: the only legal channel to get the transcript costs a lot of money and the order is compelling the spending of money. | |
Aug 17, 2023 at 20:21 | comment | added | Barmar | I don't think the mention of the attorney's attorney is significant to the answer. But if they have an attorney, the attorney would be able to advise them on this matter. And if they're representing themselves, I think as an attorney they'd know the answer to this. | |
Aug 17, 2023 at 20:18 | comment | added | uhoh | @Barmar that answer is problematic. Whether the attorney #1 = defendant has their own attorney #2 = representing attorney or not is irreverent. It's #1's inability to pay that's in question. That's actually misdirection in my opinion. | |
Aug 17, 2023 at 20:15 | comment | added | Barmar | One of the answers here already starts with "I don't think being an attorney really matters." | |
Aug 17, 2023 at 20:11 | comment | added | uhoh | @Barmar then a new question is in order - something along the lines of "Are legal and personal documents of attorneys any different than any other businessperson's documents? Are there special laws or precedents that apply storage, archiving and retrieval due to their special association with the application of law?" LIke I say, the scenario is loosely based on current events, so it's stranger than fiction so to speak. | |
Aug 17, 2023 at 20:10 | comment | added | Barmar | It does seem very strange that an attorney (or anyone) would store important documents in a place they can't afford to access. And attorneys usually make good money. | |
Aug 17, 2023 at 20:07 | comment | added | Barmar | IANAL so I can't argue anything with certainty. It just doesn't seem like it would matter, a defendant is a defendant. The fact that they're an attorney might matter to the Bar Association, but not the court. | |
Aug 17, 2023 at 20:04 | comment | added | uhoh | @Barmar I didn't a priori know the answer to that; it's possible that companies that host and archive and provide search capabilities for legal documents belonging to attorneys operate differently than others, or that there are certain laws or precedents that apply in these cases, so I kept that in the question. Can you argue that it is not relevant with certainty? | |
Aug 17, 2023 at 15:16 | comment | added | Barmar | Is it relevant that the defendant is an attorney in this situation? | |
Aug 17, 2023 at 9:41 | comment | added | Richard Ward | @WBT - is that "compelling you to pay money", or is it "compelling you to file briefs citing an expensive transcript"? Presumably if you could get hold of that transcript through some free-of-cost manner the court wouldn't care (provided the free method wasn't itself unlawful). Or is it that if the only legal channel to get the transcript costs money then the two things are so closely linked that the court can be considered to be compelling you to spend money? | |
Aug 17, 2023 at 2:01 | comment | added | WBT | Sure - for example, they can require that you file briefs citing an expensive transcript. You have to pay for the transcript and for printing out however many copies of everything you file that the Court is ordering to be filed. | |
Aug 17, 2023 at 1:08 | comment | added | Mazura | Is there anything that a court can compel you to pay money for without a verdict? | |
Aug 16, 2023 at 21:32 | answer | added | Jason Goemaat | timeline score: 4 | |
Aug 16, 2023 at 19:16 | history | became hot network question | |||
Aug 16, 2023 at 12:26 | answer | added | sjy | timeline score: 12 | |
Aug 16, 2023 at 11:42 | history | edited | Jen |
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Aug 16, 2023 at 11:39 | history | edited | uhoh | CC BY-SA 4.0 |
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Aug 16, 2023 at 11:11 | history | asked | uhoh | CC BY-SA 4.0 |