Legal Question in Civil Litigation in California

Hello,

I'm so garateful to have finally found a place to ask my question without obligation. Thanks so mcuh!

Here's my question--I've been advocating my sister. I recently sent two emails to the BAr Association regarding repeated attempts to get her case files. I voiced two opionions (actually forwarding my sister's sentiments--mistake!) The first said statemtn...if they haven't been shredded or "lost", that is." Unquote. this was regarding her files. I also said,....(Attorney's name) sems to be confused. If one of my firend's or loved ones behaved or talked in this manner, I'd suggest counseling, or a vacation at best!' I'm VERY concerned that the Bar Association person will forward this to the attorney and he will sue for email defamation! I absolutely should not have been my sister's messenger in the first place. Secondly, I had no business conductiong business when I had a concussion and was not clear thinking. MY doctor said that I was confused and altered. How can I rectify this mistake? Will this be considered defamation? Please help.

Kindly yours,

Appreciative recepient


Asked on 9/22/09, 8:45 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

The case file belongs to the client, regardless of whether she has paid the attorney anything on the case. It is proper to contact the State Bar of California if the client is not getting anywhere in her requests to the attorney for the file once the representation has ended.

People often become frustrated and might write intemperate things in e-mails. You might consider what you wrote to be your opinion. Certainly a report to a regulating agency might well be privileged in any case. If one were to threaten a lawsuit for defamation based upon what you wrote, there are laws that protect such reports, including one called anti-SLAPP (strategic litigation against public policy). Good luck with your advocacy and one hopes your sister will get her file quickly.

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Answered on 9/22/09, 8:58 pm


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