Question about lawyer of deceased contacting those other than estate holders.

[Rivkeh]

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

I was informed by a family member today that the former criminal defense attorney of my deceased father contacted another family member to inform them that I was giving an interview to a reporter (I may or may not be, I haven't even decided yet) about the crime my father committed against me. My estranged family is already up in arms about it and threatening legal action. This is a crime that involved me and not one of them. Further, my father pleaded guilty to this crime so what I might or might not say would hardly be libelous.

My question is, did that lawyer even have the right to contact family members about this? The ones contacted were not legal estate holders. Only my brother and I hold that responsibility. I feel like my privacy has been violated, especially since I haven't given an interview yet (and told the reporter if I did, it would have to be anonymous). Does he have the right to be contacting my family, trying to stir up trouble?

 

[quincy]

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

I was informed by a family member today that the former criminal defense attorney of my deceased father contacted another family member to inform them that I was giving an interview to a reporter (I may or may not be, I haven't even decided yet) about the crime my father committed against me. My estranged family is already up in arms about it and threatening legal action. This is a crime that involved me and not one of them. Further, my father pleaded guilty to this crime so what I might or might not say would hardly be libelous.

My question is, did that lawyer even have the right to contact family members about this? The ones contacted were not legal estate holders. Only my brother and I hold that responsibility. I feel like my privacy has been violated, especially since I haven't given an interview yet (and told the reporter if I did, it would have to be anonymous). Does he have the right to be contacting my family, trying to stir up trouble?

How did the former criminal defense attorney for your deceased father learn that you would be giving an interview to a reporter?

Attorneys can talk to other people and other people can talk to attorneys. There does not appear to be any unethical behavior, or legal malpractice, or privacy invasion, or any other legal action for you to take or consider - at least based on what you have posted so far.

 

[tranquility]

How did the former criminal defense attorney for your deceased father learn that you would be giving an interview to a reporter?

Attorneys can talk to other people and other people can talk to attorneys. There does not appear to be any unethical behavior, or legal malpractice, or privacy invasion, or any other legal action for you to take or consider - at least based on what you have posted so far.

I suspect the attorney was involved in the defense of father and was worried about what the OP might say that shows the attorney in a bad light. While I agree with your answer, it would depend on how the attorney asked exactly. If he disclosed privileged information in some way, like telling family members what father said about OP, it could be an ethical breach. (Unless something like the exceptions under 1.6 applied, like: "(5) confidences or secrets necessary to establish or collect a fee, or to defend the lawyer or the lawyer's employees or associates against an accusation of wrongful conduct.")

 

[quincy]

I am trying not to read too much into what Rivkeh has said (which, so far, has been little ).

It appears to me that the attorney was merely giving the family a heads-up that Rivkeh might be talking about the dead dad and his crime (and nothing can really prevent Rivkeh from doing so - and I am thinking it would be awfully hard for him to do so anonymously).

I do not see that there is anything the attorney could say to the family about Rivkeh or the dad that would not be known to them already (if a criminal trial was involved). I cannot see that anything said by the attorney would be unethical at this point, other than perhaps what you presupposed.

Any legal actions taken by anyone against anyone else, I imagine, would hinge on whether Rivkeh speaks publicly about the case and what exactly he says about the case and those involved.

Once he speaks (or writes) about the case, then there are all sorts of legal actions that could be possible against him, depending on the facts. And I think Texas could be one of the states with a libel statute that includes defaming the dead (I'd have to check) so he would have to be careful what he says about his dad.

 

[Rivkeh]

I am trying not to read too much into what Rivkeh has said (which, so far, has been little ).

It appears to me that the attorney was merely giving the family a heads-up that Rivkeh might be talking about the dead dad and his crime (and nothing can really prevent Rivkeh from doing so - and I am thinking it would be awfully hard for him to do so anonymously).

I do not see that there is anything the attorney could say to the family about Rivkeh or the dad that would not be known to them already (if a criminal trial was involved). I cannot see that anything said by the attorney would be unethical at this point, other than perhaps what you presupposed.

Any legal actions taken by anyone against anyone else, I imagine, would hinge on whether Rivkeh speaks publicly about the case and what exactly he says about the case and those involved.

Once he speaks (or writes) about the case, then there are all sorts of legal actions that could be possible against him, depending on the facts. And I think Texas could be one of the states with a libel statute that includes defaming the dead (I'd have to check) so he would have to be careful what he says about his dad.

(She)

There was no criminal trial. He pleaded guilty. As such, the facts of the case are not available to the public and since I was a minor when the crimes were committed, my name hasn't been released either. I asked for advice on the information I was given, apologies if it wasn't sufficient. Since I've posted I have been informed that this is the "family attorney" not a criminal attorney, but one that chose to represent my father in the case regardless. My understanding is that they are preparing to come after me for libel when the article is released.

However...he pleaded guilty. I would never be dishonest when talking to a reporter and would not say anything that couldn't be proved in records held by the Dept of Homeland Security. Therefor, I do not see how a libel case could even be effective. If I say, he committed xxx and he pleaded guilty of xxx, it makes little sense that I could be accused of libelous actions.

To me, it seems unethical for my estranged family's attorney to dig for trouble in this way However if the law doesn't support that, then it is what it is. Thanks for your time.

ETA: I missed your question, apologies. I have no idea how the attorney found out, but I can only imagine it had to have been through the reporter.

 

[quincy]

. . . . then it is what it is. Thanks for your time.

Yup. It is what it is.

You're welcome.

 

[Doreen]

...I think Texas could be one of the states with a libel statute that includes defaming the dead (I'd have to check) so he would have to be careful what he says about his dad.

Texas does have such a statute
Texas CPRC 73.001 states that "libel is a defamation expressed in written or other graphic form that tends to blacken the memory of the dead or tends to injure a living persons reputation..."

...attorney of my deceased father contacted another family member to inform them that I was giving an interview to a reporter (I may or may not be, I haven't even decided yet) about the crime my father committed against me...

....My understanding is that they (family) are preparing to come after me for libel when the article is released...

...I do not see how a libel case could even be effective. If I say, he committed xxx and he pleaded guilty of xxx, it makes little sense that I could be accused of libelous actions....

Rivkeh, understand that a reporter wants "a story", and has no need or interest in having you simply parrot facts that are already established.

You may find that after the article is published, it may include statements presented out of context with what you intended, and possibly even statements you did not actually make, and which may leave you open to a cause of action for defamation per se.

If you are sued for defamation per se in Texas by a family with financial means and a reputation you arguably harmed, and hell bent on getting a piece of your hide, it could be a very costly and painful lesson for you in how the civil court system works.

 

[TinkerBelleLuvr]

I'm confused. The person that committed the crime is dead. Wouldn't that be the person who would have been harmed? This is a SON who was harmed.

 

[quincy]

. . . Rivkeh, understand that a reporter wants "a story", and has no need or interest in having you simply parrot facts that are already established.

You may find that after the article is published, it may include statements presented out of context with what you intended, and possibly even statements you did not actually make, and which may leave you open to a cause of action for defamation per se. . .

As a note, very few reporters are going to put themselves in the position of being sued for libel by quoting out of context or making things up. When handling potentially reputationally injurious material, they will handle it with care. If an article that is published has defamatory content, the publisher of the article and the reporter can be just as much targets of a lawsuit as the person interviewed and quoted.

I think Rivkeh is a daughter, TinkerBelleLuvr. In a few states, defaming the dead is a (rarely prosecuted) crime. If the defamation affects an estate, however, a lawsuit against the defamer could become a little more likely.

I am thinking that if the Department of Homeland Security was involved with the dad and his crime and/or his death (???) that Rivkeh will want to speak with an attorney in her area before speaking with any reporter.

Most curious. . . . . .