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Does a Client Own the Entire File or Does Attorney Work Product Prevent Disclosure?

Does a Client Own the Entire File or Does Attorney Work Product Prevent Disclosure?

Q: What is the fine for prescription fraud?

The fines for prescription fraud vary widely depending on the jurisdiction and the specifics of the case. In general, penalties can range from monetary fines to imprisonment. In Texas, for example, penalties can include fines of up to $10,000 for a felony conviction. Always check local laws for the most accurate information.

Full question:

I have been indicted on 1 charge of prescription fraud, we went to court last month so I could verify who is representing me. The prosecution then gave him a copy of the case file. I asked my attorney if I could get a copy of the case file, he responded-'parts of it you can'. My question is-am I allowed to see the full file or just parts of it and why?

Category: Courts
Subcategory: Attorneys
Date: 04/07/2025
State: Texas

Answer:

The courts are divided on whether certain materials which are not original documents delivered to the attorney by the client, such as the attorney's notes, may be withheld as attorney work product privileged items. Work product rule is a principle that provides qualified immunity to the work product of an attorney from discovery or other compelled disclosure. The Supreme Court of Texas has ruled in favor of the client in allowing the client to obtain the lawyer's notes and other work product as long ans the attorney's been paid in full and othr conditions don't exist.

For a good discussion on the topic, please see:

http://www.mgovg.com/ethics/9ownfile.htm
http://search.yahoo.com/r/_ylt=A0oG7mGzl1JOC18A8opXNyoA;_ylu=X3oDMTE1am1pZWQ1BHNlYwNzcgRwb3MDMgRjb2xvA2FjMgR2dGlkA1ZJUDAyMl8xNDQ-/SIG=12lkgl3n9/EXP=1314064435/**http%3a//www.law.uh.edu/libraries/ethics/Opinions/501-600/EO570.pdf

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is prescription fraud a federal offense?

Prescription fraud can be prosecuted as a federal offense if it involves interstate commerce or federal programs, such as Medicare or Medicaid. Generally, state laws govern prescription fraud, but federal authorities may intervene if the case crosses state lines or involves federal regulations. It's important to consult with an attorney to understand how your specific case may be classified.

What is the fine for prescription fraud?

Is prescription fraud a federal crime?

Yes, prescription fraud can be considered a federal crime, especially if it involves federal programs or crosses state lines. The Drug Enforcement Administration (DEA) and other federal agencies may investigate and prosecute such cases. Local laws may also apply, so it’s essential to understand the specific circumstances of your case.

What is prescription drug switching fraud?

Prescription drug switching fraud occurs when a patient or provider manipulates prescriptions to obtain a different drug than what was intended. This can involve altering prescriptions or convincing a doctor to prescribe a specific medication for illegitimate reasons. Such actions are illegal and can lead to serious legal consequences.

What is the statute of limitations on prescription forgery?

The statute of limitations for prescription forgery varies by state. In Texas, for instance, the statute is typically 3 years for felony offenses. This means that legal action must be initiated within this timeframe after the offense occurs. Always consult local laws to confirm the specific limitations applicable to your situation.