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Information, To Be or Not To Be, Held Private

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O

OneMoreQuestion

Guest
What is the name of your state? Generally Speaking...


What happens when your already retained attorney's partner gets an unsolicited email from the opposing party explaining in length their side of the story and requesting the firms fee structure, but does not give any personally identifiable information about themselves or you or anyone else involved and the only contact information received by the firm is the reply email address which also isn't exactly personally identifiable (it wasn't the email address you had for the opposing party that you had shared with your attorney, and it wasn't a known email address of the party by the law firm or yourself, and the email address didn't suggest a location, name, or otherwise reasonably identifiable information)...

After receiving the reply email from your attorney's partner in the firm, the opposing party, after reviewing the firms' fee structure, decided not to call and/ or disclose personally identifiable information to that firm or attempt further to retain that law firm..

The opposing party receives notice that the firm is representing you and notice of a hearing. The opposing party contacts your attorney for the first time and tells your attorney that they sent an email to their office and that the firm has a conflict of interest.

In the unsolicited email the opposing party admits to everything that you are trying to prove, but no one knew who that unsolicited email was from at the time.

BUT, when the opposing party contacted your attorney, knowing the attorney is representing you, then they basically said hey you have my admission of guilt in your office if you look for it, it doesn't have my name on it, but it's from me.

NOW your attorney has knowledge of his firms contact with the opposing party and admission of the opposing party, AFTER THE OPPOSING PARTY KNOWS THAT FIRM IS REPRESENTING YOU, that they are the sender of the previously anonymous unsolicited admission email.

So the opposing party is now claiming that the law firm is in breach of an attorney-client privilege of confidentiality and the attorney should be disqualified from representing you.

Opinions?

Also, just for kicks: What if, meanwhile now, the opposing party is sending the same unsolicited email to every law practice in that law category in that State, would that bar you from representation completely if your attorney is disqualified?
 
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O

OneMoreQuestion

Guest
More information about it..

In addition:
Had the opposing party never told your law firm that the opposing party had previously, practically anonymously sent them the unsolicited email, then the admission would likely have never come to light.

Also the law firm would not know, even today, who the sender of the unsolicited email was and would have never asked the opposing party if they were the sender, and could not have used it as evidence because it was practically anonymous.

Therefore, I would assume, the admission, legally then, did not ACTUALLY take place until after the opposing party was fully aware of the law firms representation of you. And, the admission, was offered to the law firm willingly after the opposing party knew the firm represented you.

Comments? Opinions?
 
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R

ResIpsaLoquitur

Guest
So many what if's here . . .

But actually, it's not that complicated.

First, let me say that I would have to seriously question the business accumen of an attorney who sends his firm's fee structures out into cyberspace; to an anonymous e-mailer. The only reply I can imagine a competent attorney making to such a communication would be the suggestion that the "mailer" call the office and schedule a consultation during which the particulars of the case can be discussed. Usually, fees are not even discussed in person until and unless the attorney has indicated he will accept the case; when all the terms of the retainer agreement are being discussed. And since we're "supposing", any reply at all from the attorney does not confirm that s/he read what was in the e-mail. Automated responses to unknown e-mail addresses are common: "We consider e-mail to be an unsecure method of communication that cannot ensure confidentiality. Please feel free to schedule a consultation." It could have been answered by a secretary who then deleted it.

And even if there was a way to prove the attorney actually read all those details of the . . crime or civil action or whatever: an anonymous e-mail does not an attorney-client relationship create. Which is what is needed to establish privilege. There would be no conflict of interest. Just an e-mailer wishing his connection had failed.

The only place you can confess anonymously is in church. :cool:
 
R

ResIpsaLoquitur

Guest
P.s.

If this is some screwball law school question, I would recommend transferring ;)
 
O

OneMoreQuestion

Guest
Actually this is seriously happening.. Just wanted to confirm that the opposing party is ON CRACK in making this claim of conflict of interest..

Thanks..
 

stephenk

Senior Member
what important information is missing from your initial post? The information that you had to have intentionally left out.
 
R

ResIpsaLoquitur

Guest
Missing information?

If this is seriously happening, what does your attorney say about it?

If you have retained an attorney but are somehow communicating with the opposing party on your own, I would stop if I were you. There is nothing to be gained by it - and often, lots to lose.

The entire scenario is ludicrous - and if your attorney agrees that s/he now has a conflict of interest and cannot represent you, there has to be a trainload of stuff you have omitted!

RIS
 
O

OneMoreQuestion

Guest
No, I didn't leave anything out of the intitial post that I can think of.

No, I am not communicating with the other party.

My attorney thinks it's pretty funny, his firm isn't concerned at all about it, I just don't understand why the Judge is giving the opposing party 20 days to file a motion to disqualify.

My attorney's partner responded to the opposing party's email telling them that they have a $3,000 retainer fee for that type of representation, and to call the office.

The reason I posted it on this site, is because from reading around, I have a pretty good idea the opposing party reads these forums, and I want them to see how ridiculous this is.
 
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O

OneMoreQuestion

Guest
Ok the only thing I left out is that the opposing party is claiming they didn't know it was my attorney, but they did.
 

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