If you're a lawyer, weigh in please: Lawyering up and negotiations

[The Backlash Cometh]

I know it's not ethical, but after reading just how off the reservation we are with everything in this society, I think it's a fair question.

Have you all ever witnessed or heard of a law firm gathing information on opponents and creating files the way that Hoover did? Anything that would improve their position in a settlement or bargaining situation?

[DURHAM D]

1. All I know is what I have read in a John Grisham novel.

Answer - yes.

[The Backlash Cometh]

2. Wouldn't you say this is illegal?

And if illegal, if the Bar Associations were worth their salt, they'd be the ultimate agency to go to for help? Wouldn't they? Unless, they're not help at all.

[no_hypocrisy]

3. You use what is legal and available.

I had a traffic court client charged with rear-ending another car. She claimed that the car ahead of her stopped suddenly, without putting on the turn signal. I always am skeptical of my clients, so I had to do research (such as was the driver of the other car injured and was an ambulance called. Yes, and yes). Okay, not good. But there was an ambulance report listing the medications that the "victim" was currently taking, including Zoloft which can affect your mental status.

Further, I visited the "scene of the crime", took pictures, measured how far from the intersection the turn signals legally must be put on to give notice to drivers that you are going to make a turn.

I was ready for some spirited cross examination, but the "victim" who made her own complaint, did not show up to court and the case was dismissed.

Yes, I would have used the Zoloft to establish one reasonable doubt to whether my client was "carelessly driving" that day or whether the driver ahead of her did not give notice she was going to turn and suddenly braked in order to make that turn.

I wouldn't necessarily have stalked the victim to her doctor, etc., but I believe public records are ethical and legal.

[The Backlash Cometh]

4. Interesting, thank you.

So medical reports taken at the scene of an accident are considered public record?

[no_hypocrisy]

6. Yep. You get discovery from the police (police report, witnesses' statements,

equipment calibration and testing reports and certificates of training) and ambulance reports from the EMS. The latter will describe the alleged injuries, the treatment, vital signs, list of medications taken prior to the accident (sometimes with dosages and if there was a missed dose), and where the victim was taken for follow-up treatment.

Addressing your original query, lawyers have a duty to "zealously" represent their clients. And that means you can't go half-assed. You do what you have to do which is legal and acceptable if it advances your client's case. Otherwise, you are potentially liable for malpractice if your client can prove that just about any other attorney would have done it but you didn't, and that was the one thing that would have helped your client.

[onenote]

5. if its public information, why wouldn't they and why would it be wrong?

[The Backlash Cometh]

7. Actually, when I first posted this, I was thinking about living in a small

community and how easy it is to gather personal, possibly embarrassing information on a person's family member. I was thinking of the kind of information that is generally not public record.

[no_hypocrisy]

8. Then if that information is "leaked" or shared, you have a potential

invasion of privacy cause of action. No problem.

[The Backlash Cometh]

9. But you're assuming you have a court to go to.

What if everything in a local area is bottlenecked because of political cronyism?

[no_hypocrisy]

10. In a case like that, you need to start making friends who will "protect" you

from people like this, who will handle things in an understated, sophisticated manner.

The best advice is always fly under the radar if you can as unwarranted interest by strangers is rarely a benefit.

[The Backlash Cometh]

11. What's it going to take to get Patrick Fitzgerald to move into my neighborhood,

'cuz he's the only one I trust.

You know, you always wonder if you'd ever get that wide-eye ga-ga look on your face if you ever came face to face with a celeb. I know that I wouldn't. I just don't react that quickly to things like that because of my social ineptitude. But for Patrick Fitzgerald, I'd probably get the ga-ga look.