Aug 25, 2006

SJC: Lawyer lacks standing over file seizure

No comments · Posted by Robert Ambrogi in General

An interesting opinion for lawyers today from the Massachusetts Supreme Judicial Court. In Commonwealth v. Bryant, the court held that a lawyer lacked standing to challenge the seizure of computer files from his law firm. Based in part on those files, the lawyer was convicted of conspiracy to commit larceny of insurance companies. The court based its ruling on two findings: 1. that the lawyer was an employee of the firm and did not own the premises, and 2. that the files were freely accessible to others in the firm, including the owners and the secretaries.

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