Lawsuit: Adjourned Jeygame7816 v. Destined7433 [2024] FCR 125

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Objection



IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - BREACH OF PROCEDURE

You honour the defence was give a strict timeline of 24h to post followup questions and this timeframe has been breached. I wish for us to move on due to my clients right to a fair and speedy trial.

Your honor, I was waiting on the court's ruling on my motion to reconsider, as it would have effected my questioning of the witness. Furthermore, the defense asks for leeway as the deadline had only passed by four minutes.
 

Objection



IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - RELEVANCE

Your honour it is not the job of a witness to describe what evidence has been presented into to case by an attorney.

Your honor, several other questions of this nature had been asked, and opposing counsel had at no point objected to these questions until now. The plaintiff has testified that evidence of "loss of enjoyment or emotional damages" was entered. I am simply asking that the witness expand on their answer.
 

Objection



IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - BREACH OF PROCEDURE

You honour the defence was give a strict timeline of 24h to post followup questions and this timeframe has been breached. I wish for us to move on due to my clients right to a fair and speedy trial.

Sustained

The deadline was breached by four minutes. The Defendant could have notified this court if an extension was necessary; no such notification was given. Entirety of the follow-ups are struck.

Objection



IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - RELEVANCE

Your honour it is not the job of a witness to describe what evidence has been presented into to case by an attorney.

Overruled
 
Your honor, I was waiting on the court's ruling on my motion to reconsider, as it would have effected my questioning of the witness. Furthermore, the defense asks for leeway as the deadline had only passed by four minutes.
With all due respect, you could have asked for an extension. It is not my job to anticipate or forsee your planning or the content of your questions.
 
Now that witness testimony concluded, I call on the Plaintiff to deliver their Closing Statement within next 72h. After they submit it, the Defendant shall also have 72h.

Please respect imposed deadlines.
 

Closing Statement


IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT​


Your Honour,

In this matter, it is evident that the defendant has indeed breached the plaintiff's attorney-client privileges, which remain active. According to the Legal Reform Act, “Attorney-Client Privilege shall exist as soon as a client or potential client engages in a formal discussion with a lawyer or law firm regarding a case, potential case, or other legal matter.” The evidence presented, specifically P-002, unequivocally establishes that the plaintiff, JayGamer, was at the very least a potential client of the defendant.

The exhibits P-003, P-004, and P-005 provide clear evidence of the plaintiff discussing legal matters with the defendant, as demonstrated by statements such as “Yo bro, can I sue this guy?” and “I need you to make contracts.” Furthermore, in the plaintiff's witness statement, they explicitly confirm this relationship. In response to the direct question, “Were you contacting the defendant as a client or potential client?” the plaintiff affirmed, “Yes. I was contacting the defendant as a client. I was attempting to get legal advice on certain matters.”

Despite this clear professional relationship, the defendant used the privileged information obtained during these discussions in violation of the Legal Reform Act. This breach is evident in exhibits P-006 and P-007, which show the defendant utilizing these privileged communications to initiate a DOJ trial against the plaintiff.

This action directly caused harm to the plaintiff. The plaintiff faced the potential for fines and arrest, as well as the accompanying stress any reasonable person would endure under such circumstances. In their testimony, the plaintiff stated that the investigation brought about by this breach caused them to feel “distress” and “trust issues due to the defendant's betrayal against my trust.”

Your Honour, this central law is foundational to ensuring clients can trust and confide in their legal representatives without fear of betrayal. Allowing such a blatant violation of attorney-client privilege to go unaddressed would undermine the core principles of our legal system. The plaintiff’s ability to trust their attorney was not only violated but weaponized against them, causing undue harm and personal distress.

We respectfully urge the court to recognize the gravity of this breach and deliver a judgment that upholds the sanctity of attorney-client privilege, ensuring such breaches are not permitted to erode the trust that is essential to the legal profession.

Thank you.

 

Closing Statement


IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT​


Your Honour,

In this matter, it is evident that the defendant has indeed breached the plaintiff's attorney-client privileges, which remain active. According to the Legal Reform Act, “Attorney-Client Privilege shall exist as soon as a client or potential client engages in a formal discussion with a lawyer or law firm regarding a case, potential case, or other legal matter.” The evidence presented, specifically P-002, unequivocally establishes that the plaintiff, JayGamer, was at the very least a potential client of the defendant.

The exhibits P-003, P-004, and P-005 provide clear evidence of the plaintiff discussing legal matters with the defendant, as demonstrated by statements such as “Yo bro, can I sue this guy?” and “I need you to make contracts.” Furthermore, in the plaintiff's witness statement, they explicitly confirm this relationship. In response to the direct question, “Were you contacting the defendant as a client or potential client?” the plaintiff affirmed, “Yes. I was contacting the defendant as a client. I was attempting to get legal advice on certain matters.”

Despite this clear professional relationship, the defendant used the privileged information obtained during these discussions in violation of the Legal Reform Act. This breach is evident in exhibits P-006 and P-007, which show the defendant utilizing these privileged communications to initiate a DOJ trial against the plaintiff.

This action directly caused harm to the plaintiff. The plaintiff faced the potential for fines and arrest, as well as the accompanying stress any reasonable person would endure under such circumstances. In their testimony, the plaintiff stated that the investigation brought about by this breach caused them to feel “distress” and “trust issues due to the defendant's betrayal against my trust.”

Your Honour, this central law is foundational to ensuring clients can trust and confide in their legal representatives without fear of betrayal. Allowing such a blatant violation of attorney-client privilege to go unaddressed would undermine the core principles of our legal system. The plaintiff’s ability to trust their attorney was not only violated but weaponized against them, causing undue harm and personal distress.

We respectfully urge the court to recognize the gravity of this breach and deliver a judgment that upholds the sanctity of attorney-client privilege, ensuring such breaches are not permitted to erode the trust that is essential to the legal profession.

Thank you.

Edited to fix the formation of the closing []
 

Closing Statement


IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
CLOSING STATEMENT

Good morning your honor, and may it please the court.
Your honor, in the beginning of this case, I told you that this is a case of damages. This, of course, still rings true. The plaintiff in today's case requested for $71,500 in damages. Specifically, the plaintiff made six prayers for relief. First the plaintiff requested $20,000 for the alleged breach of attorney-client privilege. Your honor, it is clear that the evidence has not supported this prayer for relief in two major ways:
1. The plaintiff has failed to prove, through a balance of probabilities (Judicial Standards Act), that the defendant and the plaintiff engaged in a "formal discussion... regarding a case, potential case, or other legal matter," as the plaintiff has only proved that the defendant made contact only through personal DMs and in a public advertisement forum (Legal Reform Act). The evidence has shown that neither of these methods of communication constitute a "formal discussion," nor does the plaintiff's belief that there is attorney client privilege. If this were in fact the case, your honor, then attorneys all across Redmont would fear talking about their conversations on a regular basis, as anyone they interact with could have believed that there was attorney client privilege.
2. The plaintiff has failed to prove, through a balance of probabilities, that the plaintiff has suffered any monetary damages as a result of the alleged breach of attorney-client privilege. Furthermore, the plaintiff has failed to show that the law permits monetary damages to be awarded solely on the grounds of a breach of privilege without proven monetary damages. The 'Legal Reform Act' permits monetary damages to be awarded solely on the grounds of a breach of privilege without proven damages. Pursuant to this law, a client (plaintiff) may only sue the lawyer or law firm for "any losses that can be proven in court." The plaintiff has failed to prove any such losses.
The plaintiff's second prayer for relief was $15,000 in punitive damages. In today's case, the plaintiff had to prove, through a balance of probabilities, that "the conduct of the [defense] in causing the [plaintiff's] harm is outrageous" in order to be awarded punitive damages. Not only, your honor, has the plaintiff failed to prove that the defendant's conduct was in any way "outrageous," but the plaintiff has also failed to prove any harm to the plaintiff in the first place (Legal Damages Act).
The plaintiff's third and fourth prayers for relief are a combined $20,000 for emotional damages and for loss of enjoyment respectively. In order to be awarded emotional damages, the plaintiff had to prove, through a balance of probabilities, that the plaintiff "suffers psychological harm due to an entity's negligent or intentional actions" (Legal Damages Act). The plaintiff has utterly failed to show these damages in today's case, through a balance of the probabilities. In order to collect damages on the grounds of "loss of enjoyment," the plaintiff must prove that they have "[lost] their ability to engage in certain activities in the way that the injured party did before the harm." Despite the plaintiff's baseless testimony to the contrary, the plaintiff has failed to prove that this case satisfies the elements of "loss of enjoyment." Furthermore, the plaintiff alleged that, through the alleged breach of attorney-client privilege, the defendant caused a loss of enjoyment for the plaintiff. Despite this prayer for relief coming as a result of obtaining legal counsel, the plaintiff has shown no issues or hesitation to obtain more legal counsel nor has the plaintiff shown a loss of enjoyment in any aspects of our community or in any subsequent activities. As a result of this, and as supported by the plaintiff's own witness, razorsharpbread, as well as a general lack of evidence, the plaintiff has failed to show damages on the grounds of emotional damages, and loss of enjoyment (Legal Damages Act).
The plaintiff's fifth prayer for relief is temporary disbarment. Your honor, this remedy is simply not available to the plaintiff. Pursuant to the 'Legal Reform Act' a plaintiff may only sue for the losses that can be proven in court. The laws in question simply do not permit the disbarment of a practicing attorney through a civil action. Furthermore, pursuant to the same law, a defendant may only be disbarred in the event that the alleged breach of attorney-client privilege is charged as an indictable criminal offence, and only if it is the defendant's third or higher offense, none of which applies to the defendant or this case.
The plaintiff's sixth and final prayer for relief is $16,500 in legal fees. Pursuant to the 'Legal Damages Act,' "If [an attorney is] representing a client on a contingency basis, wherein their fees are contingent upon the outcome of the case, they are prohibited from requesting additional legal fees." The plaintiff has shown, in plaintiff's #008, that the plaintiff counsel is representing their client on a "contingency basis for plaintiff representation" (P-008). As a result, the plaintiff may not collect legal fees from the defense.

Your honor,
The plaintiff would have this court believe that the plaintiff has suffered $56,500 in damages, and that the defendant's conduct was so outrageous as to warrant $15,000 in punitive damages. Your honor, in regard to punitive damages, there was no malice in the defendant's actions, nor was there any intention of wrongdoing. These facts, in conjunction with the nonexistent and at best minimal damages allegedly suffered, it is certain that the conduct of the defendant was in no way "outrageous." In regard to the rest of the damages alleged, the plaintiff has repeatedly failed to prove, through a balance of the probabilities, the elements required for each of the plaintiff's prayers for relief. The fact of the matter is, your honor, the defendant is in no way liable for the greatly inflated damages requested by the plaintiff. It is for the above mentioned reasons that the defendant asks that the court find the defendant not liable.
Thank you.

 
This Court stands in recess pending verdict.
 

Verdict


IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
VERDICT

Jeygame7816 v. Destined7433 [2024] FCR 125

I. PLAINTIFF'S POSITION

1. On 14th October, 2024, the Defendant became burdened by attorney-client privilege immediately after confirming that they are open for any legal work assinged by the Plaintiff; the Defendant advertised their services in a public forum prior.
2. Whilst this protection lasted, between 10th and 30th October, 2024, the Defendant shared privileged information with the Department of Justice, to be used in their investigation.
3. The sharing of such information constitues a grave breach of attorney-client privilege.
4. The Defendant notified the Plaintiff on 30th October that they provided the privileged information to the Department of Justice.
5. The Plaintiff should, moreover, be compensated for loss of enjoyment and emotional damages caused by the Defendant's behaviour.


II. DEFENDANT'S POSITION
1. The manner in which the initial communication of the parties was conducted and the medium through which it was held do not reasonably call for a conclusion that the Defendant started acting as legal counsel of the Plaintiff.
2. Drawing from the previous point, no attorney-client privilege was ever established.
3. The Plaintiff showed no evidence of suffering any emotional damages or losing any enjoyment as a result of the supposed breach.
4. Punitive damages shall be disregarded, as the applicable statute (Legal Reform Act) does not award any, nor has the behaviour described by the Plaintiff been outrageous.
5. Disbarment cannot be considered a punishment, as it is strictly reserved for criminal trials as per Legal Reform Act, nor is the Plaintiff entitled to legal fees as a result of contigency clause in the Plaintiff's counsel pay structure.


III. THE COURT OPINION
  1. The Court is delivering this verdict after careful consideration of the statues, precedents, and circumstances of the case.
  2. It is the Court's belief that when the Defendant asked the Plaintiff if they need them as "your attorney or not" (P-002), they were actively searching for a client (furthermore confirmed by their public posting in P-001); the Plaintiff presented themselves as a potential client when answering "yuh" and "when I require legal advice n shit", meeting the definiton of attorney-client privilege found in the Legal Reform Act, Section 4, Subsection 1. Regardless of the medium, it is more reasonable to assume that the Defendant formally communicated with the Plaintiff, who was a potential client, about some legal matter, than otherwise.
  3. As the aforementioned exchange occurred on 14th October, any information shared with the Defendant before it is not considered privileged, which is why the Plaintiff's claim that the Defendant shared confidential information from 10th October onward will not be taken into consideration (which disqualifies a small part of P-003).
  4. This Court finds it extremely concerning that the Defendant acted as the Plaintiff's counsel and DOJ investigator tasked with investigating the Plaintiff simultaneously. This is a very clear conflict of interest and is acting in bad faith. For all we know, the Defendant could have maintained the counselling of the Plaintiff for the sole purpose of extracting incriminating information from the Plaintiff. Notwithstanding even the breaching of attorney-client privilege, a very serious offence in its own right, the behaviour of the Defendant was outrageous and staining on the legal profession.
  5. In P-006 the Defendant revealed they are the one investigating for the DOJ, and in P-007 there is an extract of their privileged correspondence from 20th October shared by the Defendant in the DOJ ticket. As the evidence only shows this, this Court can assume that the privileged information was shared only on the 20th October. This constitues a breach of attorney-client privilege, which damages the Plaintiff in their loss of enjoyment, specifically their ability to enjoy a proper legal protection for the duration of the Defendant's tenure as the Plaintiff's counsel.
  6. The Plaintiff failed to prove sufficiently convincingly any real emotional damage. Testimony of the Plaintiff did not show me that it is more reasonable than not to assume you should be compensated for all of this based on emotional harm. Your cooperation did not run too long, nor did I see any overly large committments from either side for this to have a profound emotional impact.
  7. Disbarment is out of the question, it must be criminally proven as per the Legal Reform Act for breaking the attorney-client privilege. Furthermore, the fine for breaching it is also out of the question, as it is also an indictable criminal offence.
  8. Since the Plaintiff's lawyer is being paid by contingency basis, the Plaintiff is not entitled to any additional legal fees as per Legal Damages Act.

IV. DECISION
In the matter of FCR 125, the court finds the Defendant civilly liable, and grants a modified prayer for relief to the Plaintiff.

  1. $10,000 in damages caused from loss of enjoyment,
  2. $10,000 in punitive damages caused from outrageous behaviour by the Defendant,
  3. $6,000 in legal fees, as per 30% contingency clause.


The Federal Court stands adjourned.

 
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