Prosecutor subpoenas my office phone records

Haytham:

Love to talk to you anyway. You got any open time today?

Chris
J. Christopher Klotz, P.C. Licensed in FL, MS, AL & D.C.

1211 West Garden Street P.O. Box 12906 Pensacola, FL 32591-2906 850.497.6565 (w) 866.251.7888 (toll free fax) email: chris@klotzlawfirm.com www.klotzlawfirm.com
*CONFIDENTIALITY NOTICE:* This email (including attachments) is covered by the Electronic Communications Privacy Act, 19 USC Sections 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of the communication is strictly prohibited. This electronic transmission (and any enclosures or attachment thereto) is for the sole use of those identified by the author and is the property of the author. It is confidential and may be protected by the attorney/client privilege. Any further distribution or copying of this message is strictly prohibited by law. If you received this transmission in error, please notify the author and/or The Klotz Law Firm, at telephone number (601) 260-6296 and destroy the message (and all attachments and enclosures thereto) immediately. Thank you.

From: Haytham Faraj [mailto:haytham@puckettfaraj.com]
Sent: Thursday, December 09, 2010 7:50 AM
To: alumni@triallawyerscollege.com
Subject: RE: [TLC] Prosecutor subpoenas my office phone records

Hey Chris

That infuriates me. It seems to me that the “unless the state is attempting to obtain evidence of a crime” language contemplates a warrant. That means without a warrant, the prosecutor violated the law. That would be another basis for requesting the that records be protected. They shouldn’t benefit from criminal or unlawful conduct. Your assistant has a cause of action against the State Attorney. I’m sure you don’t have time to spare but filing a law suit against him/her on behalf of your assistant seems to be a necessary step.

I’ve got some time later today. I’ll call you to brain storm if you’d like to.

Haytham

From: markunderwood.com [mailto:markunderwood@markunderwood.com]
Sent: Wednesday, December 08, 2010 4:04 PM
To: alumni@triallawyerscollege.com
Subject: RE: [TLC] Prosecutor subpoenas my office phone records

Chris

That's some sheeeit. As to the recording of the phone conversation with your assistant, I would look at the rules of ethics regarding dealing with unrepresented people. As to subpoenaing the phone records WITHOUT NOTICE look at the rule (Model Rule 4.4) regarding Respect for Rights of Third Persons: "[A] lawyer shall not use methods of obtaining evidence that violate the legal rights of such a person."

Mark Underwood

Underwood Law Office, inc.

923 Third Avenue

Huntington, WV 25701

304 522 0508

From: Chris Klotz [mailto:chris@klotzlawfirm.com]
Sent: Wednesday, December 08, 2010 2:20 PM
To: alumni@triallawyerscollege.com
Subject: [TLC] Prosecutor subpoenas my office phone records

Mates:
I just found out that, with no notice, the state attorney subpoenaed my law office phone records to use in their response to my motion for a new trial in a white collar case I just tried in OCT. I alleged in my Motion that the state had access to the jury panel information before the defense did and it was unfair. State subs my phone records to try to prove that my legal assistant did not call the clerk’s office during about a month long time period. Also, the state attorney unilaterally recorded the conversation he had on the phone with my legal assistant about what she did to try to get a copy of the jury list before the trial. The transcript of his conversation with my legal assistant is also an exhibit to his response. (my preliminary research seems to say unilateral recording is illegal in FL unless the state is attempting to “obtain evidence of a criminal act”).

I am trying to put together my plan to approach this issue and am trying not to let my anger get in the way of the right way to handle this. I am filing a motion to seal my law office phone records right now. He attached my records, with no redaction, as an exhibit to his response to my Mot New Trial.

Any thoughts or advice from someone who has seen this issue before or has an idea?

Chris
J. Christopher Klotz, P.C. Licensed in FL, MS, AL & D.C.

1211 West Garden Street P.O. Box 12906 Pensacola, FL 32591-2906 850.497.6565 (w) 866.251.7888 (toll free fax) email: chris@klotzlawfirm.com www.klotzlawfirm.com
*CONFIDENTIALITY NOTICE:* This email (including attachments) is covered by the Electronic Communications Privacy Act, 19 USC Sections 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of the communication is strictly prohibited. This electronic transmission (and any enclosures or attachment thereto) is for the sole use of those identified by the author and is the property of the author. It is confidential and may be protected by the attorney/client privilege. Any further distribution or copying of this message is strictly prohibited by law. If you received this transmission in error, please notify the author and/or The Klotz Law Firm, at telephone number (601) 260-6296 and destroy the message (and all attachments and enclosures thereto) immediately. Thank you.