Legal Question in Technology Law in California

Fraud found on Hard drive being repaired

There is a long story that goes with this question I am about to ask. A supposed family law lawyer to my boyfriend and wanted to represent him becuase of the aweful custody battle he was going through.She knew of the bad experiance with a previous Lawyer. He had known her for a while because she is a customer of his. We fired her with in two weeks because of incompetiance on many levels. We received the bill after firing her. She billed for several fictional things to use up the retainer fee and then some. In two weeks she didn't even return one phone call and didn't wok on any of the case. She couldn't even find the file when we went to pick it up. We were going to take her to small claims court until a discovery was made. My boyfriend's co-worker's husband repairs computers. This same attorney dropped her hard drive off with him to be repaired a few months ago. She never came and got it or even called about it since. On this hard drive there is evidence of her scamming many people and fraud. The man repairing it would be more than happy to let my boyfriend use it in a law suit. When does a hard drive become the property of the person repairing it? Can it be used in a lawsuit? What are the California laws for this?


Asked on 5/26/06, 10:31 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Fraud found on Hard drive being repaired

I am not sure that this is a settled area of law, but it seems the drive was abandoned by the attorney. I would err on the side of protecting the public by printing out the incriminating contents and sending them, with an explanation, to the Office of Chief Trial Counsel, State Bar of California. Then go ahead and use it in your lawsuit.

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Answered on 5/27/06, 1:17 am


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