Legal Question in Civil Rights Law in California
If an attorney has used their court standing to obtain phone records with a subpoena, but has not filed (or never planned to file) a lawsuit, how would the person who's records were illegally obtained confirm the attorney has done so if they are not an officer of the court themselves?
1 Answer from Attorneys
Subpoenas are only validly available once a lawsuit is filed, and are only validly issued and useable with the case name and number and other info on them. Without all that, no one would honor a subpeona. So..... Sounds like you are misinformed about the facts.
However, IF an attorney has falsified a subpoena, and used it to obtain your protected private info, then you could report that to the State Bar in a complaint, and report it to the court shown on the subpoena, and report it to the police as a crime.
You might also have grounds for a civil lawsuit against the attorney. IF you actually have evidence of such actions, feel free to contact me to discuss the evidence and case.
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