Legal Question in Civil Litigation in Minnesota

Did the lawyer do the right thing?

I was witness to a case in which the defendants lawyer came across a letter in his clients letter file. The opposition failed to demand the file and the lawyer did not offer it. When the judge annouced his decision he made it clear that his ruling was based in part on his belief in one critical fact. A fact that from the letter the lawyer knew to be unfounded. The lawyer did not correct the judge to show his error instead he kept silent, saying later that he was not only not obliged to disclose unfavorable evidence but it is a violation of his duty to his cliet if he does.

Did this lawyer do the right thing?

Asked on 9/26/05, 1:26 pm

1 Answer from Attorneys

David Anderson Anderson Business Law LLC

Re: Did the lawyer do the right thing?

I need more than conclusions and generalities to give my opinion. Were you the client?

Were you in privity with one of the lawyers?

Are you a lawyer?

Alot depends on the judge's factual evidentiary basis. If no party objected or appealed, it's moot.

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Answered on 9/26/05, 2:56 pm

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