MovieChat Forums > Changing Lanes (2002) Discussion > possibility of jail time doesn't ring tr...

possibility of jail time doesn't ring true?

posted 19 years ago by ginahoy
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Early in the movie, much was made about the possibility that Gavin might go to jail for not being able to produce the POA agreement at the hearing. I don't know much about legal matters, but this proceeding was a lawsuit (civil action) filed against the law firm. It would seem that the worst thing that could happen (to Gavin) would be that his law firm would lose the lawsuit and thus give up their rights to handle the trust. But the judge told Gavin he could go to jail if he didn't produce the document. The fact that the POA might have been obtained under duress, or that the law firm later forged another POA, were obviously not at issue at that point. I wonder if this was a plot flaw, or can someone really be sent to jail for losing a legal document?!

Just wonderin'

[–] sevenof9fl 19 years ago

Well, he could certainly be held in contempt of court for failing to provide the document, and if an original POA is required to prove that the removal of the board of directors of the trust is valid, and one cannot be provided, one could certainly be charged with criminal fraud or attempted fraud, since the new trustees (the partners at the firm) obviously have a vested interest in the outcome.

Affleck, as attorney of record, is the one who would "hang," and the partners could always say "oh, gee, we had no idea he did that!"