Legal Question in Personal Injury in California

Fortune 100 Consultant Hit in Car Accident: Does Defendant Have Right to See and

My business is consulting with mostly large companies. In order to avoid my clients being involved due to keeping my privacy and personal matters private, I provided my taxes to defendants to prove my income. I also provided them with redacted contracts and bills. Does anyone know case law when going in front of judge to dispute permitting defendants to subpoena and depose my clients. I still am recovering from my injury but trying to get clients back. I fear this will spook clients and get around.


Asked on 5/16/04, 11:01 pm

5 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Fortune 100 Consultant Hit in Car Accident: Does Defendant Have Right to See

You have not provided enough facts upon which to base an answer. I presume this is a personal injury case and that your claimed damages include loss of income. However, I do not know what type of agreement you reached with the defendants regarding discovery or why you believe your interests would be harmed if the defendants take your clients' depositions. Without this information I can't say whether there is a good argument to prevent those depositions or what the argument might be.

I also note that your tax returns and associated paperwork are absolutely privileged from discovery in a civil case like this. The defendants had no right to inspect those documents, but by providing them you waived this privilege. Depending on what sort of agreement you and the other side had reached about these documents, you may see them used against you in court and made part of the public record unless you first obtain a protective order.

It sounds like you are representing yourself in a case in which you really should have a lawyer. My best advice to you is to get one right away.

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Answered on 5/18/04, 3:15 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Fortune 100 Consultant Hit in Car Accident: Does Defendant Have Right to See

You're a Fortune 100 Consultant looking for free advice?

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Answered on 5/18/04, 3:52 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Fortune 100 Consultant Hit in Car Accident: Does Defendant Have Right to See

Have you tendered the defense of this claim to your insurance carrier, which will assign a lawyer to assist you?

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Answered on 5/18/04, 4:43 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Fortune 100 Consultant Hit in Car Accident: Does Defendant Have Right to See

Sorry. I mistook you for the defendant in my last post. The best bet is to seek a protective order to protect your clients from annoyance, since your records should certainly suffice on the loss of income issue.

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Answered on 5/18/04, 4:45 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Fortune 100 Consultant Hit in Car Accident: Does Defendant Have Right to See

You may seek a protective order from disclosure of client names. There are certains situations where client lists have been deemed confidential as trade secrets. You need an aggressive representation by a competent lawyer. Get one.

Alternatively, talk to your clients first and inform them of the possibility of being contacted by the defendant's lawyer regarding this matter. At least they would know ahead of time. Good luck.

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Answered on 5/18/04, 9:09 pm


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