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  1. #1

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    Ethical Issue w/ Lawyer Giving False Information Knowingly

    My question involves malpractice by a lawyer in the state of: CA

    Hi,



    I just had a quick question. My friend received a document from a eligible practicing lawyer (Esq.) informing that it is a criminal complaint. However, in the document, which was sent via email and a pdf attached, also had the wrong name of an individual, in fact two individuals. The document did not have a case number of court file. The person who made the complaint did not use their real name and the lawyer knew this fact and continued with the document. The individual is well known and uses an alias and not her legal birth name on a government document. The lawyer knew this is an alias and not a legal name. The document informed of the criminal case and further action from my friend. The lawyer even said it was ok to contact him. Is this unethical of the lawyer who knowingly continued to do this? What are the ramifications? I view this as unethical because the information and accusations are false, which can be proven. Also, Of the three individuals that are involved in this case, two of the names of two individuals are incorrect and inaccurate with no bases. I feel that this lawyer is using her professional status to "threaten" my friend. What can be done because I feel that this is dishonest and against the code of ethics. As a lawyer, the information must be correct and he knows who he is sending it out to. Please give suggestions and your opinions on this matter.

  2. Moderator Honorable Colleague

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    Since we have not seen the letter and gathered all of the facts you have chosen not to disclosed in your posting, one here can only guess what you call innacuracies, false accusations, correctness of information, etc... The best thing you can do is to take the letter and all the evidence you have to an attorney so s/he can evaluate it and advise you on how to proceed next. Good luck to you!
    Do not consider postings legal advice. Always consult with an attorney.

  3. #3

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    Thank you for replying. I have been waiting for someone to give me an opinion all night long. Ok, to brief you on the topic.
    1. Can you receive a legal document via email with an attached .pdf file as a "true" legal document? I thought you had to sign to receive it.
    2. The name of the person making this complaint used an alias and not a legal name. In this aspect, the lawyer knows this is not the person's true name.
    3. The person who made the complaint claims or computer hacking activities, in which the person making the complaint initiated the first contact via email, telephone, etc. There are plenty of proof and pictures that stalking was not committed because this person invited my friend to dinner, paid for dinner, took pictures in which both parties were sincerely happy.
    4. The person claimed my friend hacked in the email address, but there is an alibi for many of the messages and text messages saved on my friend's phone proving otherwise.
    5. My friend has contacted the email services, but they claim they cannot retrieve any ip addresses.

    The letter is on a letterhead from the office, signed by the lawyer, but no case number. He is an active lawyer currently.

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