Legal Question in Landlord & Tenant Law in Virginia

Lawyer Ethics

A tenant who lost her lawsuit to her landlord is appealing the decision. The home is one rental property of a charitable foundation, with all monies going to the trust. Can her attorney subpoena all the foundation's minutes dating back to 2000? And to shine some light on the subject, this attorney has been trying for several years to usurp the foundation and figures she has now found a back door into getting information that, in her mind, could discredit the foundation.


Asked on 8/08/07, 1:03 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Lawyer Ethics

If the minutes going back some seven or so years are within the purview

of acceptable discovery parameters for this particular case, the appellant's attorney should be able to get them via a subpoena. However, if they are not relevant or only partially relevant, the foundation's attorney should be filing for a protective order from the court or other counter

measure to either prevent or limit what

could be little more than a "fishing expedition" by the attorney for the disgruntled appellant who may, apparently, have ulterior motives of her own for these requests.

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Answered on 8/13/07, 8:47 am


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