Legal Question in Civil Litigation in Texas

Ethical Behavior by Lawyer-Plaintiff

I am a defendent in a lawsuit involving a lawyer as plaintiff. I have learned that this lawyer privately contacted one of my witnesses prior to her being called by his own attorney to give a deposition in the case. The witness is a woman in her late 70's, meek in character and easily intimidated. Separately, I learned from my own attorney that the lawyer/plaintiff is a close friend of the judge presiding over the case and that he was seen fraternizing with the judge at a large professional social event. I am very concerned about my rights being protected in this matter and I was wondering if the lawyer/plaintiff was behaving in an unethical manner by contacting my witness and fraternizing with the judge. Do I have any recourse? Thanks.


Asked on 11/13/01, 5:24 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Ethical Behavior by Lawyer-Plaintiff

Your lawyer should have answered those questions for you. Let me take them one at a time.

Unless the witness is one of your key employees, there is nothing intrinsically wrong with the other side speaking with her. Now, if he threatened her, or coerced her into giving false testimony, you have recourse against him for witness tampering or suborning perjury. I rather doubt that either may be the case.

Lawyers fraternize with judges at social events, both large and small. But both lawyers and judges are very careful not to discuss any matters that are presently before the Court, since that would be an improper ex parte communication.

Short of producing a "smoking gun", I don't really see any unethical conduct, or anything that should give you cause for concern. I'm sure your counsel has told you essentially the same thing.

Remember, your lawyer is under a duty of zealous advocacy on your behalf, and would move directly if any of your rights in the lawsuit were placed in jeopardy.

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Answered on 11/13/01, 6:06 pm


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