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> Can this be used to get whatever case(es) he was defending thrown out Along the same lines a case could be made for legal malpractice if it was reasonable fo
by gist 7y ago
> Can this be used to get whatever case(es) he was defending thrown out
Along the same lines a case could be made for legal malpractice if it was reasonable for the attorney to know that there could be a search (and it is he is an attorney and the assumption is he is familiar with the law). It is similar to putting his phone unlocked in a car and the phone or the car is stolen. There is a reasonable expectation that the attorney will safeguard client materials (is what I would argue). (Paper files in the office and not giving the proper protection the same).
Bottom line is the fact that he is an attorney does not magically in itself also mean he doesn't have to take prudent steps to prevent the release of information (with regards to malpractice).
- deogeo 7y agoUnlike the stolen phone, in this case it would be the same entity that's stealing confidential data, and holding him responsible for the data getting stolen - the government.