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Sometimes gathering evidence for a case will take you to strange places. Very strange places.

Oh…I Love Trash

Sometimes gathering evidence for a case will take you to strange places. Very strange places.

About Jason Brown

Jason Brown is a Twin Cities divorce and family law attorney.

3 comments

  1. Does this dumpster-diving excursion jive with Rule 3.7 (lawyer as witness) of the Minnesota Rules of Professional Conduct?

  2. Law Lacky, good thought…here’s the rule:

    Rule 3.7 Lawyer as Witness

    (a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless:

    (1) the testimony relates to an uncontested issue;

    (2) the testimony relates to the nature and value of legal services rendered in the case; or

    (3) disqualification of the lawyer would work substantial hardship on the client.

    My client retrieved the items. No need for any testimony on my part.

  3. Jason’s right there. If he’s not doing it, he’s not a necessary witness. It would be better to have someone other than the husband going through the wife’s trash though. We’re a bit removed from the actual context here in the blogosphere of course, but I’d rather have a PI or just about anyone else testifying that they searched her trash than her soon-to-be ex-husband. Just sounds…..creepy.

    By the way, this makes me think of the Burbs.

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