question about legal correspondence

[liandrajade]

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

Now im aggravated but whatever....whats the normal statute regarding legal correspondance? i have been in contact with the GP's lawyer on trying to come up with an acceptable arrangement for my child to see the GP while the custody case is pending, this is NOT a court agreement nor will it be, just an informal arrangement....

anyway the GP's lawyer COPIED my sister on the response he sent back to me, she IS NOT a party to this proceeding and i believe not only was that unethical but legally wrong....

I am going to look up the statutes under new york civil practice laws in a few mins, if he tries to give me an excuse of "oh the GP doesnt have an email address, I am going to rebut that right away and say that she can sign up for a free email account and that by him including someone who is not a party to the proceedings is a violation of my privacy....

thoughts???

 

[BL]

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

Now im aggravated but whatever....whats the normal statute regarding legal correspondance? i have been in contact with the GP's lawyer on trying to come up with an acceptable arrangement for my child to see the GP while the custody case is pending, this is NOT a court agreement nor will it be, just an informal arrangement....

anyway the GP's lawyer COPIED my sister on the response he sent back to me, she IS NOT a party to this proceeding and i believe not only was that unethical but legally wrong....

I am going to look up the statutes under new york civil practice laws in a few mins, if he tries to give me an excuse of "oh the GP doesnt have an email address, I am going to rebut that right away and say that she can sign up for a free email account and that by him including someone who is not a party to the proceedings is a violation of my privacy....

thoughts???

Sounds like your frustrated .

Calm down .Re-read your post .Edit it ,and explain .

From what I gather the GP's have access to your sister's email provider and account ?

How would they have the password ?

Or am I off ?

You really need to be carefull on the Net.

 

[liandrajade]

Sounds like your frustrated .

Calm down .Re-read your post .Edit it ,and explain .

From what I gather the GP's have access to your sister's email provider and account ?

How would they have the password ?

Or am I off ?

You really need to be carefull on the Net.

i apologize, let me break it down....

GP's lawyer and I have been contacting each other via email regarding an arrangement so that my child can see her GP. at our last mediation, the law guardian for my child stated that her client{my daughter} wishes to see her grandmother, which is fine, I knew that already...

He sent me a proposal, I sent one back etc. now the proposal he sent me shows who he also included in receiving the email....the law guardian, my childs father, which is fine....

the 3rd person included on the email is MY SISTER, she is NOT a party to our proceedings at all....that is what is concerning me, these proceedings are between myself, dad and the GP. why is a 3rd party with NO bearing on the case being included in an email about our case and is that even legal?

as for the internet, anything i am saying here will be brought up in court or is anything that i do not have a problem with anyone reading or seeing......

 

[BL]

i apologize, let me break it down....

GP's lawyer and I have been contacting each other via email regarding an arrangement so that my child can see her GP. at our last mediation, the law guardian for my child stated that her client{my daughter} wishes to see her grandmother, which is fine, I knew that already...

He sent me a proposal, I sent one back etc. now the proposal he sent me shows who he also included in receiving the email....the law guardian, my childs father, which is fine....

the 3rd person included on the email is MY SISTER, she is NOT a party to our proceedings at all....that is what is concerning me, these proceedings are between myself, dad and the GP. why is a 3rd party with NO bearing on the case being included in an email about our case and is that even legal?

as for the internet, anything i am saying here will be brought up in court or is anything that i do not have a problem with anyone reading or seeing......

What was the response from the GP's lawyer about the 3rd party ( sister ) being added to emails ?

E-mail the Lawyer to respond .

You need to try to get the lawyer to state why , and record it .

Is the sister to provide transportation for the visit(s) ?

Anyway ,you are right ,3rd parties shouldn't be involved .

 

[profmum]

i apologize, let me break it down....

GP's lawyer and I have been contacting each other via email regarding an arrangement so that my child can see her GP. at our last mediation, the law guardian for my child stated that her client{my daughter} wishes to see her grandmother, which is fine, I knew that already...

He sent me a proposal, I sent one back etc. now the proposal he sent me shows who he also included in receiving the email....the law guardian, my childs father, which is fine....

the 3rd person included on the email is MY SISTER, she is NOT a party to our proceedings at all....that is what is concerning me, these proceedings are between myself, dad and the GP. why is a 3rd party with NO bearing on the case being included in an email about our case and is that even legal?

as for the internet, anything i am saying here will be brought up in court or is anything that i do not have a problem with anyone reading or seeing......

Pick your battles, this should not be one, you can email GP's lawyer and ask that your sister be removed from communications and leave it at that. Based on your previous threads, you have bigger legal issues to deal with.

 

[BL]

Pick your battles, this should not be one, you can email GP's lawyer and ask that your sister be removed from communications and leave it at that. Based on your previous threads, you have bigger legal issues to deal with.

I regress and agree .

The lawyer may just be trying to lure you in .

Simple email stating to leave sister out .

 

[liandrajade]

I regress and agree .

The lawyer may just be trying to lure you in .

Simple email stating to leave sister out .

i concur, i have not responded to anything yet, I may sound a bit flustered right now but I always think before I do....I will leave it at a polite reminder that to remove any persons not a party to the proceedings and that his client can sign up for a free email account to keep track of correspondance...good enough???

 

[profmum]

i concur, i have not responded to anything yet, I may sound a bit flustered right now but I always think before I do....I will leave it at a and that his client can sign up for a free email account to keep track of correspondance...good enough???

I would leave it at " polite reminder that to remove any persons not a party to the proceedings", not your place to give advice to his client

 

[Ronin]

Generally, one only has a legal right of privacy when communicating with their own attorney.

Communications by one party with an attorney for another party are not priviledged, and as long as the party who the attorney does represent is ok with however such communications are disseminated, it is neither unethical or legally wrong.

The attorney will most likely ignore any "reminders" from anyone other than their client on how they should handle communications in such instances.

 

[BL]

Generally, one only has a legal right of privacy when communicating with their own attorney.

Communications by one party with an attorney for another party are not priviledged, and as long as the party who the attorney does represent is ok with however such communications are disseminated, it is neither unethical or legally wrong.

The attorney will most likely ignore any "reminders" from anyone other than their client on how they should handle communications in such instances.

Then if that continued , the poster should simply " offer " the couple visits ,as she shes fit and they except it or not ,and not play this attorney's and grandma's games .The attorney is on a fishing expedition.

She was advised to see that GM has a couple a visit , not to play ring around the posy with GM's attorney and 3rd parties .

Either GM wants the visits ,or she doesn't .

The attorney can't say they weren't offered ,or the poster was unreasonable .

 

[Ronin]

... the poster should simply "offer" the couple visits, as she shes fit and they except it or not, and not play this attorney's and grandma's games....

The attorney can't say they weren't offered, or the poster was unreasonable .

This sounds like the best approach ...

 

[Ohiogal]

I agree with what ROnin and BL have discussed. I also think you are on the right track with the visits that you have offered. Sorry I didn't get back to you last night regarding the conversation. But keep doing what you are doing.

 

[liandrajade]

Generally, one only has a legal right of privacy when communicating with their own attorney.

Communications by one party with an attorney for another party are not priviledged, and as long as the party who the attorney does represent is ok with however such communications are disseminated, it is neither unethical or legally wrong.

now to further update, the petitioner's counsel wants me to send correspondence to the petitioner's daughter via email regarding our communications about visitation....is this allowable under law if the petitioner agrees to it?

the daughter IS NOT a party to the proceedings and to my knowledge has no durable power of attorney to represent the petitioner in any way.

How legal and ethical this is. I've already made it clear I will only communicate with retained counsel for the petitioner.

 

[LdiJ]

now to further update, the petitioner's counsel wants me to send correspondence to the petitioner's daughter via email regarding our communications about visitation....is this allowable under law if the petitioner agrees to it?

the daughter IS NOT a party to the proceedings and to my knowledge has no durable power of attorney to represent the petitioner in any way.

How legal and ethical this is. I've already made it clear I will only communicate with retained counsel for the petitioner.

Stick to that. Not only is is safer, but it will run up grandma's legal bill and hopefully get her thinking twice about the action she has taken.