Charles Dickens wrote that “if there were no bad people, there would be no good lawyers.” This quote is particularly apt when a lawyer is confronted with the possibility that an opposing party has committed a criminal or fraudulent act, and is confronted with the question of whether the lawyer may use the threat of criminal prosecution to gain an advantage for a client in a civil matter. While the answer is yes, the answer comes with qualifications.
Imagine representing a wife in a contentious divorce. The parties despise each other, and would like nothing better than to gain every tactical advantage possible. Your client calls to inform you that she has discovered that her husband has installed software on her personal computer that tracks all of her keystrokes and allows him to read all of the documents on the laptop. As a result, she believes that her husband has reviewed privileged emails between her and you, and has seen a variety of other information.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
