Can someone get in trouble for misshandling a motion for discovery by letting other parties see and copy it.?
If it contained attorney/client privileged information or trial strategy, you can probably get fired for doing that...
uummm, yes that's privileged information and ONLY the courts and interested parties can see that info
Answer:
Yes- but the person seems like a good candidate to work in the White House.
It depends. What do you mean by 'mishandling'? Has the motion been filed? Are the documents related to the discovery subject to a protective order? Who are you working for?
In general, most motions, like all court documents, are public record. Thus, if it's been filed, and if the documents or discovery underlying the dispute haven't been labeled confidential or sealed pursuant to a Protective Order, then copying and distributing them is little different from the recipient going to the courthouse and asking for the file and copying it himself.
Now, if you're talking about a DRAFT of the motion, that's a different story. That's usually protected as attorney-client priviledged and work product. However, if you, the client, want to show it to someone else, fine, but expect that you've waived the privilege for all related documents and information.
Additionally, if the document is covered by a confidentiality or protective order, your disclosure of the document may subject you to penalties from the other side, a contempt order from the Court, or a civil action for disclosure of trade secrets. Not fun.
Finally, if you're an employee of a party in a lawsuit, even if what you do is legal, your employer might not like it 'broadcast' to people, as it may tarnish the business's reputation or cause investors to believe that the lawsuit is more important than it is. Or it may have been none of their business. In other words, sure, an employer could cite that as a reason for dismissing you.
I'm also assuming you're not a lawyer and don't work in a law office, because the rules and consequences are very different, and you probably wouldn't be asking this question.
