Legal Question in Business Law in California

character, How does it play out in the court room ?

I may soon be sued and the person suing me is a former doctor

who was convicted of a felony for insurance fraud. He lost his

license. His witnesses are two disbarred attorneys and a person

recently in jail for credit card theft. As for me I am squeeky clean

never having committed any crime and never been in jail and have

a good reputation except for two former marriages. How will this p

play out in court ? Does character count in civil litigation ?


Asked on 6/30/04, 3:30 pm

8 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: character, How does it play out in the court room ?

What is your alleged involvement in the fraud? Call me directly at (619) 222-3504.

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Answered on 7/01/04, 12:54 pm
Joel Selik www.SelikLaw.com

Re: character, How does it play out in the court room ?

Yes charachter counts, if it can be admitted. From what you said, so far, you are in excellent position.

Joel

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Answered on 6/30/04, 3:36 pm
Daniel King Law Offices of Daniel King

Re: character, How does it play out in the court room ?

of course everything depends upon what the facts of the case are under which they will be suing, however, you can be assured that if it comes down to a finger-pointing contest, the character of witnesses will sometimes come into play. the divorces are nothing to even sweat over. the felony is something that the jury would hear about, and the lawyers' actions may or may not be deemed relevant by the court. if you would like to talk in more detail, please feel free to call.

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Answered on 6/30/04, 3:38 pm
Larry Rothman Larry Rothman & Associates

Re: character, How does it play out in the court room ?

Character counts, but not conclusive. We will have to review the facts. When you get served with the lawsuit, please contact our office and we will be happy to review your documentation.

Our law firm could also review the documentation that you have prior to any lawsuit being filed. Please contact us at 714 363 0220.

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Answered on 6/30/04, 4:07 pm

Re: character, How does it play out in the court room ?

Character evidence is not admissible when offered to prove that a person acted in a certain way. California Evidence Code Section 1101(a).

However, the way that evidence of their past acts comes into play is in relation to attack their credibility when testifying. Thus, you have to take sort of a roundabout way of getting into this evidence.

Doesn't sound like it should be very difficult given the facts you have stated.

J. Caleb Donner

DONNER & DONNER

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Answered on 6/30/04, 4:08 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: character, How does it play out in the court room ?

There are rules which dictate when particular types character evidence can be admitted and when they cannot. I would need to know more about the nature of this lawsuit and the specifics of the plaintiffs' histories before I could predict what will happen in your case, but there is a very good chance you would be able to get much of this evidence in on the issue of their credibility.

The plaintiff's felony fraud conviction should be admissible unless it has since been overturned. The attorneys' disbarrment might not be admissible if it was based upon something other than misconduct (e.g., failure to pay the annual membership fee).

Keep in mind, though, that all of these people will still be allowed to testify. They jury will be able to consider some of their histories when deciding whether to believe their testimony, but juries often believe what witnesses like these have to say -- after all, felons can be victims of someone else's misconduct and even the most dishonest of people will often tell the truth. In the end it will be up to the jury to decide whom to believe.

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Answered on 6/30/04, 4:22 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: character, How does it play out in the court room ?

The bad character evidence may come into play to discredit them, but there's still the facts of the lawsuit--do they have a case with the other evidence? Would the jury still perhaps believe the witnesses? You'll need to review all the facts of the case with an attorney to see whether there's a case, and even if there isn't, you'll still have to defend yourself properly or risk a judgment against you.

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Answered on 6/30/04, 5:47 pm
Michael Olden Law Offices of Michael A. Olden

Re: character, How does it play out in the court room ?

My question would be what are you going to be sued for. And what is the relevance of his past history of criminal act dimity, or the activity of the witnesses area if they are there to tell the facts that is that. If you are afraid of the facts that however squeaky clean you were you may not be. More importantly, what they are history is May/may not happen of fact upon their being considered truthful or not. Your question is so slanted that I question not only your question but what you did it to incur this potential, and I say potential, lawsuit. Basically, who see an attorney who is expert not only in litigation but the area in which you were going to be sued. Pay that person and tell that person all of the facts, most importantly the facts applicable to the reason why you are going to be sued. And then we'll see how a squeaky clean you really are and what the attorney will actually tell you in terms of your alternatives and whether or not to be scared out of your boots applicable to this lawsuit, or possibly not.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.

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Answered on 7/04/04, 8:07 pm


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