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Predatory lawyers are now using trial supboenas to attempt to have you appear in court with documents. This wouldn't normally be an issue except these questionable attorneys are now using legal process to bring you into a trial in which your agency is not even remotely involved.

The concept behind this new shock-and-awe scheme is to take one agency's policies and procedures and use those against another agency that has something different in place. The other side is literally pitting one agency against another.

One of the more clever ways of attempting to accomplish this is the use of trial subpoenas for both personal appearances and document production.

Certainly, anyone is entitled to use a California Public Records Act request to obtain information about the non-privileged activities and files of a public agency. But it is quite another thing to force a City Manager or Assistant City Manager or Risk Manager to appear in court and essentially become an expert for a lazy plaintiff’s counsel. It should also be concerning that your agency’s records are being used out of context and in a less than proper manner.

In today's episode, we'll talk about an expanding trend in litigation, and some responses to these situations that you can explore. We'll also talk about the option of using defense counsel to assist you.

In this episode: 

• The disturbing trend of shock-and-awe subpoenas
• The types of documents that are being requested
• Why you’re not an expert for them
• The Motion to Quash option

THE FINE PRINT
This podcast is for general information only and not intended to be legal advice nor the formation of a lawyer-client relationship. The views, information, and opinions expressed on our podcast are Scott’s and do not necessarily reflect the policy or position of any other person, agency, organization or company. Finally, we know that a few dastardly plaintiff's lawyers will get their hands on this. So . . . let's be clear: Don't even think of using the information in this podcast to sue public agencies because this podcast is not intended nor shall it be construed to give any person any legal or equitable rights, remedies or claims.

Music: ”Dangerous" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 3.0 License http://creativecommons.org/licenses/by/3.0/

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