What law is violated if a lawyer gives false info in a motion he obtained illegally in a police investigation?
I was a former NYPD Officer under investigation by Internal Affairs based on a bogus residency complaint. The NYPD had this open investigation going for months and really wanted to get me because I had exposed police corruption within the department. NYPD Internal Investigations are confidential! During this same time I was having money trouble and filed for Bankruptcy. The attorney for one of my creditors filed a motion with the Federal Bankruptcy Court detailing information in the confidential NYPD Investigation which he would have only obtained through the NYPD. The statements made by the attorney in the motion were never proven, the investigation was still open and confidential, and the lawyer accused me of something which was not even related to the Bankruptcy! I know the dept. violated guidelines but what legally did the attorney violate for making false statements in the motion and for divulging confidential police info in an open investigation?
November 16th, 2008 at 4:03 am
That sounds like a malpractice issue…. Make a report to the disciplinary board…. they will investigate and maybe revoke his license to practice…
November 18th, 2008 at 12:22 pm
Sounds like a case that is very difficult to prove. You have to gather all written documentation and any “proof” of your circumstance. Also you have to verify the confidentiality laws concerning your issue. Once you have written proof and verification of your alligation you have to present this case to as MANY different lawyers as you can to try and get one of them to “bite”. Try and target a lawyer who will get a commision based on winning as this will give them an insentitive.
November 19th, 2008 at 3:50 am
The NYPD may have a duty to keep your info confidential, but the lawyer doesn’t work for the NYPD and is not subject to their rules. Some cop did you wrong by giving the information, but that doesn’t mean the lawyer did anything wrong by recieving it. It is rather like the CIA leak case now going on. Or grand jury testimony. It is illegal for someone to disclose the testimony before the grand jury, but it is not illegal for the person to whom it was disclosed to then publish it in a newspaper. Furthermore, there is a difference between allegations that are unproved and allegations that are false. It sounds like the lawyer had a basis for making the allegations even if he couldn’t later prove them up. So, if you are angry, look to the cops, not to the lawyer.