rambling rose primitive paranoid about her attorney

[franksolich]

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=224x3703

Oh my.

stumblnrose (383 posts)      Fri Jul-31-09 11:42 PM
Original message
 
My attorney bares all

My attorney in a medmal case has spent more time friendly-schmoozing his old buddies the defense attorneys than working on my case which quite frankly he has mucked up.

The other day he sent an email to me and one to my wife and "cc"ed it to the defense attorneys. I don't want them knowing either my email address or my wife's, certainly not just handed over to them by my attorney by email. Am I paranoid or is this a breach of client-attorney privilege?

Hosnon  (1000+ posts)        Fri Jul-31-09 11:49 PM
Response to Original message
 
1. Depends on the content of the email. However, because the instances in which it is okay are relatively rare, I would consider it presumptively questionable.

The Rita Hayworth primitive:

Tangerine LaBamba  (1000+ posts)      Fri Jul-31-09 11:49 PM
Response to Original message
 
2. If you're not comfortable with his representation of you, you should fire him and hire another lawyer.

As for his sending emails to you and your wife, and then ccing to the defense (insurance company) attorneys, that strikes me as very odd. I don't know that it's any kind of breach or violation, but it certainly has made you unhappy.

Couple that with your already-expressed unhappiness with how he's comported himself so far and his predilection for socializing with "the other side" (a common practice, nothing nefarious about it), you really should get a different attorney........................

Hosnon  (1000+ posts)        Fri Jul-31-09 11:52 PM
Response to Reply #2

3. What s/he said. But, yes, "fraternization" is inevitable and usually beneficial.

demodonkey  (1000+ posts)      Sat Aug-01-09 12:59 AM
Response to Reply #2

5. Good Luck switching attorneys once one attorney has mucked up your case....
 
...In my own personal experience once a case is mucked-up no other attorney will touch it with a ten foot pole and asbestos gloves.

stumblnrose (383 posts)      Sat Aug-01-09 02:38 AM
Response to Reply #5
 
6. thanks for the positive vibes

I have a new attorney already lined up.

demodonkey  (1000+ posts)      Sat Aug-01-09 05:53 PM
Response to Reply #6
 
7. Good for you. I could use some positive vibes.

Have been fighting one case for FIFTEEN YEARS, in which my third-generation family farm was cut in two by stormwater runoff by a developer.

stumblnrose (383 posts)      Fri Jul-31-09 11:56 PM
Response to Original message
 
4. I am switching attorneys

i just consider my email address private, not saying they couldn't find it if they tried hsrd enough.

[crockspot]

Years ago, I had a pretty bad experience with a relationship, and found myself the defendant against unjust criminal charges. I was quite annoyed to have to listen to my lawyer make yuk yuks and kiss the ass of the prosecutor on the courthouse steps, while I stood there like an idiot. But he did get all my charges dismissed "in the interest of justice". Those people do have to work together all the time, while clients come and go. So I guess it is understandable that they have a collegial relationship amongst themselves.

[DumbAss Tanker]

Exactly right, crockspot.  Really the DUmmie was right to change attorneys if he didn't trust his own, though, no matter how silly the reason.  It'll be better for both of them.

[thundley4]

Years ago, I had a pretty bad experience with a relationship, and found myself the defendant against unjust criminal charges. I was quite annoyed to have to listen to my lawyer make yuk yuks and kiss the ass of the prosecutor on the courthouse steps, while I stood there like an idiot. But he did get all my charges dismissed "in the interest of justice". Those people do have to work together all the time, while clients come and go. So I guess it is understandable that they have a collegial relationship amongst themselves.

It's not uncommon for judges to be friendly with both the prosecutions and defense attorneys for the same reason.

[kenth]

Do they have malpractice cases so often that they now refer to them in shorthand?

[franksolich]

Do they have malpractice cases so often that they now refer to them in shorthand?

That was my thought, when I saw "medmal."

[TheSarge]

Do they have malpractice cases so often that they now refer to them in shorthand?

Well when your only source of income is money thats wrested from other people...whether through welfare or routine slip and fall "accidents" at the local WalMart...you get pretty familiar with the lingo.

[NHSparky]

Having a mother who was a legal secretary in several small (and large) towns, the relationship between attorneys, prosecutors, and public defenders might seem a bit chummy, even inappropriate, but believe me, a good working relationship between this groups is in EVERYONE'S best interest.  Got me out of a ticket when I was 15 after I had just got my license.

[vesta111]

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=224x3703

Oh my.

The Rita Hayworth primitive:

Is it now so in law that the defendants attorney can hid any and all information from the procurers, and if the procreation hides anything, the case goes to the defence?

When it comes to a medical suite, most lawyers get 33% of the judgement. So the proces sion has to have every word, procedure in place to get paid.

Like the attorney on TV that advertises with the words " We will get what you deserve."

Nuts,------I am hit by a drunker driver, destroys my car and I get a broken toe and loose one week of work.

So I sue for $600,000 due to emotional and physical damage.

Or on the other hand, my truck looses a wheel 4 hours after being State inspected due to the inspectors not using all the lug nuts.  Perhaps the mechanic had a phone call or a dash to the men's room.

I drive off and the wheel just goes a flying.  I broad side a truck and fortunately just the front end was hit and driver OK except he is an old man with heart problems. 

The driver grabs his chest and is taken off to the hospital, his truck is towed as is my truck.

Have anyone of you know what is in store for me.?

First I have to prove the inspection sticker is valid.   The employees at the garage that issued me the sticker will deny my truck was inspected by them,  they will try to say I stole the sticker.

The old man driving the truck I hit will be OK and his truck repaired.

My truck is repaired problem, all is over.

18 months down the road when you least expect it you get sued by the family of the old man as they assert the accident lead to future heart problems and Old-timers.

You need a good Lawyer at this point.  Go with him, take his advice, and hold him responsible for earning his wages.

[NHSparky]

You're speaking of disclosure/discovery, vesta.  DAT can speak better to this than can I, but IIRC, there is a certain amount of expected reciprocity.  Prosecutors have to disclose any relevant information to the defense such as witnesses, affadavits or depositions, damage computations (civil), etc., and the defense must also reveal similar information if court rules require it.

LINK

[RobJohnson]

The email could of been something simple that all parties needed to know about.

Once you file a lawsuit, you pretty much give up your privacy. What idiots.

[DumbAss Tanker]

You're speaking of disclosure/discovery, vesta.  DAT can speak better to this than can I, but IIRC, there is a certain amount of expected reciprocity.  Prosecutors have to disclose any relevant information to the defense such as witnesses, affadavits or depositions, damage computations (civil), etc., and the defense must also reveal similar information if court rules require it.

LINK

It hurts my head to read Vesta's posts, but basically the problem in it is that civil and criminal discovery have entirely different rules.  Discovery is a lot more reciprocal in civil cases than it is in criminal cases.

And on another question, yes, medmal is common legal profession jargon for medical malpractice.  Every profession has its own technical language and jargon to go with it, the law is no exception.  The DUmmie is just trying to sound sophisticated, like he is an insider to the entire process rather than a mere party.

[franksolich]

Every profession has its own technical language and jargon to go with it, the law is no exception.  The DUmmie is just trying to sound sophisticated, like he is an insider to the entire process rather than a mere party.

Yep, that's one of the major characteristics of the primitives.

This reminds me of when the primitives turned on a prominent vote-fraud activist in December 2004, and started dropping an obscure legal term in Latin--so obscure I now disremember what it was--in every single one of their comments.

The primitives used the term as if they'd spoken and written Latin all their lives.

[AllosaursRus]

Is it now so in law that the defendants attorney can hid any and all information from the procurers, and if the procreation hides anything, the case goes to the defence?

Wholly shit! Is this the English language???????? What the hell is a procurer?????? And what does procreation have to do with it????

Just how many beers have you had??????

Or on the other hand, my truck looses a wheel 4 hours after being State inspected due to the inspectors not using all the lug nuts.  Perhaps the mechanic had a phone call or a dash to the men's room.

Not using all the lug nuts??????????? How many did they not use???????? Even if they left one off it would still run down the road! Now, if they left them LOOSE (pay attention to the spelling here DUmmie), then it could result in the wheel coming off. Of course it would wobble like hell for a while, and only a DUmbass would ignore it!

Umm, why are they removing your wheels? Is it some kind of brake inspection or what? I have had several inspections, and not once have they removed my wheels. Must be a state thing.

[AllosaursRus]

It hurts my head to read Vesta's posts, but basically the problem in it is that civil and criminal discovery have entirely different rules.  Discovery is a lot more reciprocal in civil cases than it is in criminal cases.

And on another question, yes, medmal is common legal profession jargon for medical malpractice.  Every profession has its own technical language and jargon to go with it, the law is no exception.  The DUmmie is just trying to sound sophisticated, like he is an insider to the entire process rather than a mere party.

It's a HE???? Ya's got to be kiddin', right?

[DumbAss Tanker]

It's a HE???? Ya's got to be kiddin', right?

Who knows for real on the internet?  It's a chick name, but there was some background info in a post of two of Vesta's a week or so ago that indicated he is a dude. 

[AllosaursRus]

Who knows for real on the internet?  It's a chick name, but there was some background info in a post of two of Vesta's a week or so ago that indicated he is a dude. 

Bwahahahahahahahahaha!!!!!

[vesta111]

Who knows for real on the internet?  It's a chick name, but there was some background info in a post of two of Vesta's a week or so ago that indicated he is a dude. 

I have 6 months to go until the steroids kick in, time will tell.

[lastparker]

I have 6 months to go until the steroids kick in, time will tell.

THAT I could read.  Thanks.

[The Village Idiot]

Who knows for real on the internet?  It's a chick name, but there was some background info in a post of two of Vesta's a week or so ago that indicated he is a dude. 

to be a bit fair, I think Vesta is also the name of a Near Earth Asteroid

[DumbAss Tanker]

to be a bit fair, I think Vesta is also the name of a Near Earth Asteroid

Asteroid, yes, I don't remember if it's an NEO or not; it's named after a goddess, though.

[GOBUCKS]

Regardless of gender, or even genus and species, no one is really as stupid as vestanumbers. Well, I have to make exceptions for Sheila Jackson Lee, Cynthia McKinney, and Beth Ferrari. But it's a troll. I still think its original intent was for a screen name with exclamation points, !!!, like Lamar!, but instead it got the common DUmmy typo, 111.

You have to give it some credit, though. "Old Timers disease" was pretty good. One of those infinite number of monkeys with an infinite number of typewriters sort of thing.

[BlueStateSaint]

Regardless of gender, or even genus and species, no one is really as stupid as vestanumbers. Well, I have to make exceptions for Sheila Jackson Lee, Cynthia McKinney, and Beth Ferrari. But it's a troll. I still think its original intent was for a screen name with exclamation points, !!!, like Lamar!, but instead it got the common DUmmy typo, 111.

You have to give it some credit, though. "Old Timers disease" was pretty good. One of those infinite number of monkeys with an infinite number of typewriters sort of thing.

Also, make exceptions for Patty Murray and Barbara Boxer.