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Opposing counsel tried to seek personal info on 3rd party - recourse?

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nolegirl

Junior Member
What is the name of your state (only U.S. law)? Florida, but case occurred in Louisiana

In my fiance's recent custody battle over his child against his mother (child's paternal grandmother), her attorney did a number of unethical things. The only one that affected me, however, was the interrogatories he served upon my fiance'. The interrogatories asked a number of personal questions about me, including my bank account information, personal assets (credit cards, loans, etc.), and my place of employment and annual salary.

It is my understanding that it is illegal for an attorney to ask in interrogatories questions that violate the privacy of a third party. Is this correct?

I don't wish to sue, but if he did break the law, I do want to report him to the state's disciplinary counsel. Since I was not a party to the proceedings, and not even married yet to my fiance', I don't see how he could have not been violating at least the board's code of ethics. Any advice is appreciated.
 


Proserpina

Senior Member
No, that is not illegal.

It's common for an attorney to ask such information from, for example, a stepparent who is a third party and legal stranger.
 

nolegirl

Junior Member
Thanks, Proserpina, for the reply. I'm still a little confused though. I can maybe see how it would be OK to ask such questions from a married third party, but technically, I'm not even a stepparent as far as the law is concerned, correct? I guess my question is - how is asking him those questions about me any different than asking him those questions about any of his other witnesses?

And why would it have been included in interrogatories toward him rather than asked on the stand?

For the record, I have/had nothing to hide (the case was dismissed by the judge on summary judgment); I simply did not want his meddling and most likely mentally ill mother having that kind of personal information about me. She already was charged with fraud & forgery as a result of some information that came out in discovery. My main concern was my safety (i.e. did not want her harassing me at work or using my personal info to steal my identity).

Thanks again for the advice!
 

tranquility

Senior Member
I guess my question is - how is asking him those questions about me any different than asking him those questions about any of his other witnesses?
Because he might know the answer and because they would be designed to discover relevant evidence.

And why would it have been included in interrogatories toward him rather than asked on the stand?
Because no attorney wants to ask a witness on the stand something without already knowing the answer. Besides, people don't always memorize all their banking information including account numbers.

I simply did not want his meddling and most likely mentally ill mother having that kind of personal information about me.
If you completely shared the information with your fiance, then it really isn't about "you" any more is it? If not:

Q: List the account numbers and balances of any checking accounts of all persons living at 1212 State st.

A: Defendant's only checking account is at Bank of America, has a balance on 12/31/09 of $123 and is identified by #95-31225454. Defendant does not have possession, custody or control of any other household member's information.

Then the other side sends you a subpoena for the info (or in a deposition) and you try to quash or get a protective order. If you have legitimate fears, the judge may fashion a remedy. Bottom line, don't give out private information.
 

nolegirl

Junior Member
If you completely shared the information with your fiance, then it really isn't about "you" any more is it?
I understand that, which is why we have kept everything separate for years. The only information and/or assets we share is the lease to our apartment, as we signed the lease together. Everything (and I mean EVERYTHING) else is separate. We're not even authorized users on each others' bank and CC accounts.

We have kept our financial situation so that it is really no different than two roommates. The woman is legitimately mentally unstable, which is why I did not want to share any of my information.
 

latigo

Senior Member
I wouldn’t permit you to respond to questions prying into your financial affairs. They have no relevancy whatsoever!

Refuse to answer and let the shyster see if the can convince the court that they are in deed relevant to the custody issue or could lead to relevant evidence. Because no conscientious judge is going to buy the flimsy argument that your personal finances have something to do with the father’s custodial fitness.
 

tranquility

Senior Member
I agree with latigo in a general sense. Yet, interrogatories are only given to party opponents. The rogs were sent to the fiancee and the OP does not want disclosure of her information. Problem solved if the fiancee did not have possession, custody or control over the knowledge being asked for in that the information has not been shared.

That's why I gave the quick question/answer to give a hint. If the other party asks the OP to answer, then she should start thinking about quashing the subpoena or not answering in a deposition.

Then it goes through the process. Usually, meet and confer and then the other party moves to compel. Perhaps the OP could make a protective motion if she is subpoenaed for a deposition. I'm assuming the other party is thinking OPs fiancee is hiding money for some reason. They might argue one place to hide it is in the accounts of the person he is living with and who he is going to marry. I don't think that would fly, but don't have any experience in such things.
 

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