Legal Question in Civil Rights Law in Florida

Lawyer obtained my 10 yr old military records without court or my permission

Is it legal for a private attorney to use his once a month military reserve duty to get a copy of my military records, military personnel and military medical records and military financial records for a civil case without court or my permission?

Background: I am being sued for breach of contract and the attorney for the plaintiff is a part time reserve JAG ARMY officer and during his 1 week service he used his JAG status to get a copy of my ARMY military records from 1986 -1990. My military records have nothing to do with the case I am being sued for. My financial status in 1986-1990 has nothing to do with the case either. My ARMY medical records have nothing to do with the law suit either. The attorney has also obtained my college transcripts.

Is it legal for the lawyer to use his JAG position to obtain ARMY personnel, financial, and medical records for a civilian unrelated civil law suite that he can�t even use as evidence because of irrelevancy?

If it is illegal what can I do?

Can I sue the attorney personally for his actions?

Can I counter sue the plaintiff for what his attorney did?

Can I get the lawyer disbarred?

Can I get the lawyer court-martialed?

What law(s) was\were broken if any?


Asked on 9/18/01, 4:01 pm

1 Answer from Attorneys
Elliot Goldstein Law Offices of Elliot Jay Goldstein

Re: Lawyer obtained my 10 yr old military records without court or my permission

The attorney probably violated the Federal Fair Credit Reporting Act. Apparently, he obtained your credit report for unlawful purposes. Significant penalties/sanctions are available under the Act.

Should I sue the attorney personally? Assuming the facts as presented are accurate - - then yes.

Can I sue the plaintiff for what his attorney did? Maybe, but this calls for legal research which is beyond the scope of an internet inquiry. The argument would be that the attorney was acting as the plaintiff's agent.

Can I get the lawyer disbarred? The offense probably isn't serious enough to disbar an attorney, but he should be officially sanctioned. You should file a complaint with the Florida Bar Association.

Can I get the lawyer disbarred? The offense probably isn't serious enough to warrant a court-martial, but a formal letter of reprimand would be appropriate. You should make a formal complaint to his unit commander. I would also file a formal complaint with the commanding general of J.A.G. . You probably can find the names and addresses on the web.

You should schedule a formal consultation with a� lawyer.� A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association.��� They probably have a web site and charge a nominal fee for the referral.� Most attorneys either provide a free initial consultation, or charge a nominal fee.

Good Luck.-Elliot Goldstein (offices in Tampa and St. Petersburg 727/804-3609 or 813/758-1862)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts.� Do not rely on this information. Seek a formal consultation with an attorney.

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Answered on 11/06/01, 8:31 am


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