Jun 28, 2016

Posted by in Law And Politics | Comments Off on Preparing to Gather Evidence for Your Lawsuit? Here are 3 Things to Avoid

Preparing to Gather Evidence for Your Lawsuit? Here are 3 Things to Avoid

Preparing to Gather Evidence for Your Lawsuit? Here are 3 Things to Avoid

If you are helping your attorney, virtually every bit of information that bears the slightest connection to your lawsuit may seem like fair game for discovery. However, this attitude can easily lead to abuse. You might pry into matters that have no real significance to the lawsuit, or that are confidential, leading to embarrassing or annoying other parties. There are legal limits when it comes to probing that even your commercial litigation attorney in Tampa should respect. The limits help offer protection to keep private information from the public domain.

Intimate Conversations

Conversations between individuals in some relationships are considered as privileged by the courts. Any information disclosed, whether written or verbal, is considered confidential in these relationships:

  • Husband and wife
  • Doctor and patient
  • Lawyer and client
  • A religious advisor and advisee (this includes a priest, penitent conversation)

Private Concerns

The courts recognize that some parts of an individual’s private life should be personal, and beyond the reach of even attorneys. However, there is no clear definition of the right to privacy, according to a University of Missouri-Kansas City paper. Right to privacy issues include:

  • Body or health issues
  • Religious or spiritual beliefs
  • Concerns revolving sexuality
  • Immediate family relationships

Third Parties Rights of Privacy

The courts are more willing to protect the right of privacy of third parties, including family members of a party in the lawsuit, co-workers and witnesses – than that of parties directly linked to the lawsuit. There are limits in place on how much a party can delve into someone not directly involved with a lawsuit.

Even if a party will be required to disclose particular information to the opposing side, that information is treated confidentially. The court can prevent the receiving party from revealing the information to anyone else. This is usually done to prevent leaking a business’ confidential information, sensitive financial information or medical information important to a lawsuit. For this to happen, a judge issues a protective order.

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