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Is there a violation of an law here?

Asked over 2 years ago - California

I know this guy named George, he is in jail on manslaughter charges. He has a public defender named McGuire. McGuire has an investigator named Sandie working under him. George has recently placed a mechanics Lien on property of a guy named BILL. Bill has a lawyer helping him who is married to Sandie. Is this a conflict of interest? Also is it Legal that Sandie use her authority, to visit George during non-visiting hours and show him the mechanics Lien form and ask him if he signed it? Hasn't she violated some law and made any information obtained inadmissible? If she then takes that information back to her lawyer husband representing Bill, hasn't she somehow violated attorney client privilege?

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Attorney answers (2)

Brian Richard Dinday

Reputation Level 16

Answered over 2 years ago. Criminal Defense Attorney in San Rafael, CA.

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I think she has violated her employing attorney's attorney-client fiduciary duties. This should never have happened, and I do wonder what the defense attorney did when he learned of this impropriety. If the answer is "nothing", then this could be grounds in my view for State Bar Discipline. Whether this violation had any effect on the criminal defense case, cannot be told from the facts presented. Likely, none. But it would certainly interfere with the defendant's confidence and trust in his attorney if this is permitted. The defendant should take this up with his attorney and demand that another investigator be put on his case and the transgressing one removed.

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Jonathan H Levy

Reputation Level 19

Answered over 2 years ago. Criminal Defense Attorney in Washington, DC.

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This sounds like a bad hypothetical from some law school but If George signed the mechanics lien which is a public document, why would asking him if he signed it, be a breach of anything? But George would surely be within his rights to ask mcGuire to take the investigator off the case. On the other hand, if I were facing a manslaughter charge, a mechanics lein would be the least of my worries. George's priorities seem somewhat askew.

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