Legal Question in Civil Rights Law in California

If an attorney has used their court standing to obtain phone records with a subpoena, but has not filed (or never planned to file) a lawsuit, how would the person who's records were illegally obtained confirm the attorney has done so if they are not an officer of the court themselves?


Asked on 11/22/13, 10:40 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Subpoenas are only validly available once a lawsuit is filed, and are only validly issued and useable with the case name and number and other info on them. Without all that, no one would honor a subpeona. So..... Sounds like you are misinformed about the facts.

However, IF an attorney has falsified a subpoena, and used it to obtain your protected private info, then you could report that to the State Bar in a complaint, and report it to the court shown on the subpoena, and report it to the police as a crime.

You might also have grounds for a civil lawsuit against the attorney. IF you actually have evidence of such actions, feel free to contact me to discuss the evidence and case.

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Answered on 11/22/13, 5:08 pm


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