how would a lawyer obtain information on a case

Write a letter to your lawyer enquiring about the case status or you can even write an email regarding this. You can also call over the phone directly to find out the status.

Full Answer

How do you look up a lawyer by name?

Lawyers have tools such as Lexis which allow us to look you up by name. We can narrow you down by birth date, city and state and so on. If we have your social security number, certainly that makes it easier, but it is not necessary. If you require legal assistance, please contact a lawyer in your…

How do I get my attorney to give me my file?

Send a demand letter to the attorney requiring that he provide you your entire file. Client files are the property of the clients and attorneys may not withhold them including for non-payment of attorney fees.

When does the prosecuting attorney have to disclose information to the defendant?

The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies:

What do lawyers have access to?

Here's what lawyers have access to. We can search public records and without too much of a hassle, we can find almost anything that is publicly available (that which has not been sealed or expunged). For example, I can access people's social security numbers (with a 4 digit redaction

How does a lawyer get evidence?

Formally, testimonial evidence is provided by someone under oath. However, there are other types as well that happen outside of court that may be useful in a case or claim. Sworn statements or affidavits are also a form of testimonial evidence (although some people may disagree with this exact designation).

What is it called when a lawyer requests information?

Once a lawsuit gets underway, parties to the lawsuit or their lawyers start gathering information related to the lawsuit. This investigative process is aptly named "discovery," because it often turns up facts and documents that were previously unknown -- to at least one party to the lawsuit anyway.

What types of evidence can be legally obtained during the discovery process?

Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and ...

How do I request something to discovery?

In certain cases, you might be able to write a letter to the other side and request the documents that you need. However, in more formal cases, you will likely have to draft more formal discovery demands. There are usually forms available for this in local law libraries, from the court clerk's office, or online.

What are legal primary sources of information?

Primary sources of law are constitutions, statutes, regulations, and cases. Lawmaking powers are divided among three branches of government: executive; legislative; and judicial. These three branches of government, whether federal or state, create primary sources of law.

How does a subpoena work?

A subpoena compels a witness to provide a court with information or documents on a specific date, time and location under a penalty for failure.

Which of the following Cannot be obtained during discovery in a case?

E-mail cannot be obtained during discovery. A deposition can be used at trial. A summons is served on a defendant and a subpoena is served on a witness.

What is the process of discovery?

To begin preparing for trial, both sides engage in discovery . This is the formal process of exchanging information between the parties about the witnesses and evidence they ll present at trial. Discovery enables the parties to know before the trial begins what evidence may be presented.

What is the first step in the discovery process?

The first phase of the discovery process is the written discovery phase. During this phase, your attorney may send and receive requests to produce documents, requests for admissions of facts, and written interrogatories.

Can a party ever refuse to produce certain documents for discovery?

If they produce documents which prove not to be producible under R. 7-1(1), they may be guilty of breaching their client's confidence; yet if they decline to produce they may breach their duty as officer of the court.

How do you request client documents?

What to include in your document request email or letterGreeting. Open with a friendly greeting with a tone that suits the recipient, your relationship, your company culture and the particular request. ... Introduce yourself. ... Purpose for written request. ... Benefit to the client. ... Closing. ... Contact Information.

What is fact discovery?

After your attorney files a Complaint against a negligent healthcare provider, your case will soon enter a phase of litigation called “Discovery.” Discovery has two separate phases: “fact discovery” and “expert discovery.” Fact discovery is a period of time during which the parties are entitled to an exchange of ...

How to find out my status of my case?

You can also call over the phone directly to find out the status. It is advisable that you seek the information in writing by letter or email, so that the lawyer can provide the information after finding out the status and once given in writing he will not be able to deny it later. Following samples of letters are for your reference.

Why is it important to keep a tab on your legal case?

It is always important to keep a tab on your legal cases pending in a court of law or in any other legal forums. Sometimes the lawyer may forget to update you on the case; this may lead to a problematic situation under certain circumstances.

What to do if your attorney fails to comply with the law?

If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office.

What to do if your attorney is in violation of ethics?

Your attorney may be in violation of attorney ethical rules. You should provide him one more opportunity to provide you copies of your file by making a written request. If he fails to comply, you should explore filing a grievance with the state supreme court's attorney regulation office. Report Abuse. Report Abuse.

What happens if an attorney doesn't surrender a file?

If the attorney doesn't surrender the file, then, I'd think that your next step would be a complaint to the Bar Association. Report Abuse. Report Abuse.

Can an attorney hold a file hostage?

She/He must return your entire file within a reasonable time even if you owe money. An attorney can not hold hostage your file.

Michael A Ferrara Jr

There are no win/loss statistics. Also, recognize that most cases, if prepared and presented properly, are won or lost based on what juries or judges hear from the witness stand. Excellent lawyers have lost cases and less than excellent lawyers have won cases.

Kevin Martin Malloy

You can't. And if a lawyer actually knows the answer they haven't tried enough cases. Meet with them and go with your guy.

John M. Walsh

There's a saying - a trial lawyer who has never lost a case only handles great cases.

David William Neel

All of the above are correct that there is no source of win/loss records for lawyers. Occasionally you will hear or read something like "Jerry Spence never lost a case in his years as a prosecutor" which may indeed be true. But this is rare, indeed. In litigation there are always risks of an adverse ruling.

Patrick Kevin Slyne

I agree that these statistics generally do not exist. However, a pure win/loss record would be deceiving.

Mark E. Milsop

No lawyer knows his won-loss record unless he is inexperienced and only tried a few cases. You just need to do your homework. Go online. Read reviews on Avvo. Talk to several local lawyers in the county where you were charged. Meet with a few to get second opinions, just like you would if you were looking for a second opinion from a doctor.

Ellis B. Klein

I agree with the other answers that you can't obtain that info. Ask your prospective attorney questions and see if you're comfortable with him or her.

Who allowed the evidence to be admitted?

Lord Woolf CJ allowed the evidence to be admitted, however, he ordered the defendant to pay the costs of the time spent debating the admissibility of the evidence (in order to make an example of the defendant and deter such behaviour).

What is the court's discretion in allowing illegal evidence?

The court has complete discretion as to what evidence it will allow to be used in a case. However, when considering whether to allow illegally obtained evidence, the court will balance the need to deter/discourage law breaking against the desire to have all material facts before the court.

What are the consequences of a solicitor?

There are also serious consequences for solicitors if they are involved in or condone law breaking to obtain evidence. Under the Solicitors Code of Conduct, solicitors have a duty to. uphold the rule of law and the proper administration of justice; act with integrity; and. behave in a way that maintains the trust the public places in you and in ...

Can a solicitor be struck off for covertly obtained evidence?

Using such covertly obtained evidence may breach such principles, leading to a solicitor suffering adverse publicity and professional embarrassment or even being struck off. If the solicitor is personally involved in criminal conduct, they could also face prosecution. As shown by the above, the risks of using covertly gathered evidence can be high ...

Is it a civil wrong to disclose personal information without the consent of the controller?

It is a civil wrong and a criminal offence to persuade someone to disclose personal data (for example a person’s name and address) without the “data controller’s” consent (Data Protection Act 1998). This could include, for example, coaxing an employee to provide you with company records without the employer’s permission.

Is it bad to use covertly gathered evidence?

As shown by the above, the risks of using covertly gathered evidence can be high for solicitors, with the potential consequences including harm to the claim and sanctions for the solicitors themselves. Solicitors should therefore consider carefully whether the benefits of using such evidence outweigh the risks.

What is the first item of discovery a defense attorney receives?

The police report is sometimes the first item of discovery that a defense attorney receives. records—for instance, police personnel records, medical records relating to injuries, and witnesses’ criminal records.

Who must disclose to the defendant?

The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies:

What does the Constitution say about exculpatory evidence?

“Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment. The evidence doesn’t have to strongly indicate innocence in the way that an alibi, for example, would. It’s generally enough that the evidence provides significant aid to the defendant’s case. So, information that affects the credibility of a critical prosecution witness—like the fact that the prosecution offered its witness leniency in exchange for testimony—is among the kinds of evidence prosecutors have disclose. ( Giglio v. United States, 405 U.S. 150 (1972).)

What is exculpatory evidence?

“Exculpatory” generally means evidence that tends to contradict the defendant’s supposed guilt or that supports lesser punishment.

What was the Maryland case?

Maryland was a 1963 U.S. Supreme Court case. In it the Court held that it’s a violation of due process for the prosecution to suppress evidence that the defense has requested and that is: favorable to the accused. In that case, Brady and Boblit had been convicted of first degree murder and sentenced to death.

What are the federal and state discovery statutes?

Federal and State Discovery Statutes. Brady and the cases related to it provide what’s essentially a baseline for what prosecutors have to turn over to the defense. The federal system and many states have statutes that entitle the defense to more material. (Sometimes the defense must request this material.)

What is the right to receive evidence before trial?

In general, a defendant has a right to receive this kind of material, called “discovery,” before trial.