A suit was file against us with 2 plaintiffs listed. I'll skip the details, but a short description is that one of them has a criminal fraud warrant for his arrest in this same case that he was unaware of prior to filing this lawsuit, so needless to say there are a lot of issues with his case.
One issue here is that 3 months after the suit had been filed, the second plaintiff told a third party that she was unaware of it or our deposition requests. My wife contacted her directly to try and resolve the issue party to party, and she said the same thing. Now she is no longer returning our calls for some reason. We suspect the other plaintiff has been in contact with her. My question is this: is there a way for us to request evidence of her consent to be represented on the suit that is not protected by client confidentiality?
2 Answers from Attorneys
You can prepare discovery that would have to be signed by her under oath in front of a notary. You then would have proof that she knows about the case (She probably does already but just doesn't want to rock the boat).
Strongly suggest you get an attorney involved in the case. You can serve them with questions (called interrogatories) that they have to answer, and you can request documents be produced. It might be that you'd want to have a deposition taken.
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