Legal Question in Legal Ethics in Ohio
Missing court records and documents
I have been searching for the court records of a case my parents filed against a large company concerning an accident I was criticlly injured in when I was 7 years old. (1964) I just got a copy of my fathers will. It contains a document about a settlement to me, from that accident, but does not give the amout of the award. My signature was forged on that letter in 1970 and probated with the will. I contacted the proper Court Clerk in Ohio and was informed that there is a listing of a case number refering to the microfilm. The microfilm envelope for that case number is in the proper place, but the microfilm is not there. They checked the vault for the original file, that box is also empty. They insist that there is no way the records could be missing as they are never allowed to be viewed alone or removed, but have no explaination for their disappearance. Family members who seem to be responisble for the disappearance of the settlement money (and the records?) will not give me any information or have cut off all communication with me. What can I do? Who would be responsible for the safe keeping of the original court records and the microfilm? How can I find out what the settlement was? What type of lawyer would handle this?
1 Answer from Attorneys
Re: Missing court records and documents
Ohio has what is called a "discovery" lawsuit, basically a lawsuit to prepare for a lawsuit. The tools of discovery such as depositions, requests for documents, and subpoenas, are then available to force parties to testify and/or produce documents. A good private investigator is also a possibility. Your question has many fact-based issues which would need to be pinned down and explored. A litigation attorney could handle the case. The Ohio Academy of Trial Lawyers would be the place to start. go to the website: http://www.oatlaw.org/
Good luck.