Answering legal questions online = lawyer client relationship

[SmokeyParkCop]

What is the name of your state (only U.S. law)? New Jersey

Looking over some legal ethics paperwork, i have a question. If a client consults with a lawyer about a case, online, giving detailed personal information about that case, but doesn't sign a contract to retain that lawyer. Can that lawyer represent the opposing client in court?

For example OhioGAL talks to a "Jaime" on here about a case in Ohio for Paternity against "Chris". Can OhioGAL represent "Chris" in court, or is this a violation?

I was informed by someone I respect that this was a 'grey area', what do you guys think?

 

[OHRoadwarrior]

Anything you shared online was freely accessible info and not privileged.

 

[quincy]

There is no attorney/client relationship established when advice is provided to posters on this site.

And, what is provided by a poster on this site is not private or confidential.

If a poster to this site were to hire an attorney who volunteers on this site, on the other hand, then the information provided to the attorney representing the poster is considered privileged and the attorney cannot disclose what is discussed without permission from the poster.

This is not really a "grey" area.

 

[Proserpina]

What is the name of your state (only U.S. law)? New Jersey

Looking over some legal ethics paperwork, i have a question. If a client consults with a lawyer about a case, online, giving detailed personal information about that case, but doesn't sign a contract to retain that lawyer. Can that lawyer represent the opposing client in court?

For example OhioGAL talks to a "Jaime" on here about a case in Ohio for Paternity against "Chris". Can OhioGAL represent "Chris" in court, or is this a violation?

I was informed by someone I respect that this was a 'grey area', what do you guys think?

Let me tell you a little story about a poster called Spinny.

Long long ago, when the earth was fruitful and people ran around in loincloths...okay , okay, I'm pushing it there. Anyway, some time ago a poster stopped by with some custody questions.

He was answered accurately.

He asked more questions.

He was answered accurately.

He asked more questions and this time started to show signs of "Oh dear Lord he's nuts"-ism.

He was answered accurately, and most of us took a few literal steps back.

He came back again and this time listed his docket information.

Lather, rinse, repeat.

Eventually what he wrote here was used against him in court. Not that anyone here represented him or even came close to forming any sort of business relationship with him. But his ex's attorney um...how do I put this? ... "got wind" of his ramblings here. Pulled 'em. Successfully used them in court. He STILL (and I'm talking 3 years ago when this mess began) hasn't seen his child more than a couple of times, and actually ended up fairly recently being on the wrong end of a restraining order.

Who filed such a thing?

THE GAL IN THE CASE.

It wasn't Mom. It wasn't Mom's attorney. It was the GAL who ended up with the RO against Spinny and IIRC it doesn't expire until 2017.

And there endeth the story.

Moral of the story: Don't write anything you wouldn't want your employer, lawyer or grandma to read.

 

[SmokeyParkCop]

If a poster to this site were to hire an attorney who volunteers on this site, on the other hand, then the information provided to the attorney representing the poster is considered privileged and the attorney cannot disclose what is discussed without permission from the poster.

This is not really a "grey" area.

So if no contract is signed to retain that lawyer, then any information provided here, even if it ended up having been provided by the opposing council can be used against the poster at will.

Good to know

Moral of the story: Don't write anything you wouldn't want your employer, lawyer or grandma to read.

I think you should add the opposing council and other party to the case to that list! There are a lot of things i don't mind my grandmother, employer or lawyer to know that i wouldn't want the opposing council to know before I bring it up in court!

 

[quincy]

So if no contract is signed to retain that lawyer, then any information provided here, even if it ended up having been provided by the opposing council can be used against the poster at will.

Good to know



I think you should add the opposing council and other party to the case to that list!

Yup. Anything a poster posts to this forum can be used against him or her in court.

That is just one reason why people should not provide any identifying information about themselves or others on a public forum.

And someone should definitely not provide personal identifying information and then admit in a post to committing a crime - this has been done in the past with rather unfortunate results for the poster.

 

[Proserpina]

Yup. Anything a poster posts to this forum can be used against him or her in court.

That is just one reason why people should not provide any identifying information about themselves or others on a public forum.

And someone should definitely not provide personal identifying information and then admit in a post to committing a crime - this has been done in the past with rather unfortunate results for the poster.

Yeah. That whole "posting my docket which contains every single bit of identifying material with the exception of my hat size and my granny's maiden name...wait, no, that's my bank account secret question...dang..." thing doesn't work so well.

Why can't I do a "halo" emoticon here?

 

[Proserpina]

So if no contract is signed to retain that lawyer, then any information provided here, even if it ended up having been provided by the opposing council can be used against the poster at will.

Good to know

The TOS is pretty clear.

I think you should add the opposing council and other party to the case to that list! There are a lot of things i don't mind my grandmother, employer or lawyer to know that i wouldn't want the opposing council to know before I bring it up in court!

If your attorney can find something, there's a better-than-good chance the opposing counsel will find it too. And don't forget that there are circumstances in which there is a duty to share...

Jes' sayin'.

 

[cbg]

I know of at least two cases, not on this forum but on another like one, where the poster lost his case because he admitted to the crime on the forum. It does happen.

 

[quincy]

When I see real names or other personal identifying information used in a post, I will generally report the post so the information can be deleted before it can cause harm to the poster. Unfortunately, not all that is posted is caught in time - and other times warnings to keep personal information out of threads will go unheeded.

I have been informed by several posters in the past of postings here that have been used against them in court and, yes, it is not all that surprising when they post their case information or use their real names or the real names of others.

It reminds me of those (generally teenaged) crooks who videotape their crimes for posting on YouTube and then seem surprised when they are arrested and charged with the crimes and the videotapes are used in court to help convict them.

 

[SmokeyParkCop]

So, it's never a good idea to post 'strategy' here?.....i.e. "My wife and I are talking about divorce, the next time she hits me/threatens me and the children, i'm going to file for a restraining order for the kids and I, request exclusive use of the house and for a temporary visitation schedule, if she finds out i'm planning this, she will file for a restraining order first and get exclusive use of the house"

BTW: that was a hypothetical, i don't have a wife, or a house(have a condo)

 

[cbg]

I'm talking more along the lines of those posters who say things like, "I shoplifted $400 worth of jewelry from the Anytown, MO Walmart and I'm a 21 year old female and I've only shoplifted twice before - what's going to happen to me?"

 

[Proserpina]

So, it's never a good idea to post 'strategy' here?.....i.e. "My wife and I are talking about divorce, the next time she hits me/threatens me and the children, i'm going to file for a restraining order for the kids and I, request exclusive use of the house and for a temporary visitation schedule, if she finds out i'm planning this, she will file for a restraining order first and get exclusive use of the house"

BTW: that was a hypothetical, i don't have a wife, or a house(have a condo)

Hah - in that scenario, you've got a better chance of being torn apart in the forums than you have of getting your wife's attorney's attention.

 

[justalayman]

This is not really a "grey" area.

or would that be a gray area.



is the proper spelling grey with an e or gray with an a? and who is the actual authority that is going to arrest me if I use the wrong spelling?

this sight suggests the proper spelling for use on this forum would be gray.


http://www.greyorgray.com/

I suggest we make peace with the royal monarchy of England and propose a compromise of greay or maybe graey.

never mind. We would probably have another war trying to figure out if the e should be first or the a.

 

[Proserpina]

or would that be a gray area.



is the proper spelling grey with an e or gray with an a? and who is the actual authority that is going to arrest me if I use the wrong spelling?

this sight suggests the proper spelling for use on this forum would be gray.


http://www.greyorgray.com/

I suggest we make peace with the royal monarchy of England and propose a compromise of greay or maybe graey.

never mind. We would probably have another war trying to figure out if the e should be first or the a.

We have reclaimed all of our tea.

Next on the list is the telephone.

Signed,

The United Kingdom