Legal Question in Business Law in California

''Miraanda case'' in trade secrets?

After my attorney obtained ''illigaly'' Defendant's home phone records.Oposing party immidiately file for dismissal of my case. My attorney realizing he made the mistake, to avoid any ''exposure'' to himself since ''it could happened'', not only he pressure me, but at the end of my resistance he force me to do so.

Now I am engaged in a savage battle to save my business from the previous defendant.

Please let me know is there such a law on the book to dismiss my case related to teft of trade secrets?


Asked on 5/28/01, 8:28 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: ''Miraanda case'' in trade secrets?

I can't tell from your question exactly what your attorney's initial mistake was. However, the courts do have the power, in some circumstances, to dismiss a complaint based upon the misconduct of plaintiff's attorney. Since this is a severe consequence, the power is rarely used and is proper only for very serious misconduct.

If your attorney handled the investigation of the defendant so improperly that your suit was dismissed, this attorney is probably guilty of malpractice. If he is not, then the court may have acted improperly and you should appeal or petition for a writ of mandamus.

Among the important facts your question omits is whether the lawsuit was in federal or state court. The laws are somewhat different.

Please contact me for a free initial evaluation of your case if you wish to pursue the matter further with a different attorney.

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Answered on 6/22/01, 6:57 pm


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