what info about me can my attorney get without me knowing about it?

Is it legal to record someone without their consent?

Oct 05, 2012 · Yes. If you do not show up, the lawyer still represents you. The lawyer would normally ask for a continuance. If the lawyer cannot get a continuance, then the lawyer must do his/her best to try the case without you, or enter into a settlement that best protects your interests. Report Abuse.

Can I sue someone for recording me without my permission?

Aug 25, 2020 · You can learn what exactly defines electronic communication and recording in 18 U.S.C. section 2510. When Can I Sue Someone for Recording Me? You should discuss the situation with an attorney first. Your case may not be a wiretapping violation, but it could violate privacy laws or a criminal statute. You may have a strong lawsuit on your hands if:

Can my spouse insure Me Without Me Knowing?

In fact I still was able to talk to his M.D a couple of weeks ago. They always would inform my ex and me when he was sick in the hospita.l I was able to freely speak with his M.D. there. I’m on a fixed income and can’t afford lawyer fees to get my rights back. No one has legal guardian ship or power of attorney. We just never a problem before.

Can someone take out life insurance on someone without their knowledge?

Jan 24, 2021 · So no, one spouse can not get life insurance on the other without them knowing about it. Same goes for the child. Keep in mind that just because someone is the “insured” person on the policy, it does not mean that they have to own the policy.

Can I disclose confidential information to my lawyer?

Legal advice privilege covers confidential communication or discussions between you and your lawyer for the purpose of giving you or receiving legal advice. Such information will not be allowed for inspection to the other party. As long as the communication is confidential it will not be allowed for inspection.

What you tell your attorney is private and confidential?

Most, but not necessarily all, of what you tell your lawyer is privileged. The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.Jan 15, 2010

When can lawyers breach confidentiality?

When can a solicitor breach confidentiality? A solicitor cannot be under a duty of confidentiality if the client is trying to use them or the firm to commit fraud or other crimes. A client cannot make a solicitor the confidant of a crime and expect them to close up their lips upon any secret they dare to disclose.Jan 7, 2021

What is confidential information rule?

Section 1. Request for Confidential Treatment of Information. The party seeking to have the information protected from disclosure has the burden of proof to demonstrate that the information sought to be disclosed is entitled to that protection. ...

Under what circumstances can an attorney reveal information about the client that the attorney obtained during the representation of that client?

(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

How often should I hear from my attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020

Is it normal to not hear from your lawyer?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process. Remember, your attorney's job is not to get you the fastest settlement.Oct 25, 2018

Do lawyers tell the truth all the time?

Lawyers must be honest, but they do not have to be truthful. A criminal defence lawyer, for example, in zealously defending a client, has no obligation to actively present the truth. Counsel may not deliberately mislead the court, but has no obligation to tell the defendant's whole story.

What is an example of breach of confidentiality?

Some examples of breaches of confidentiality agreements may include: Publishing confidential information in a written document, newspaper, online article, or other such publication. Orally disclosing the information to another person. Revealing the information through non-verbal communication.Mar 7, 2018

What is a lawyers duty of confidentiality?

In common law jurisdictions, the duty of confidentiality obliges solicitors (or attorneys) to respect the confidentiality of their clients' affairs. Information that solicitors obtain about their clients' affairs may be confidential, and must not be used for the benefit of persons not authorized by the client.

When should you disclose confidential information?

You must disclose information if it is required by statute, or if you are ordered to do so by a judge or presiding officer of a court (see paragraphs 87 - 94). You should satisfy yourself that the disclosure is required by law and you should only disclose information that is relevant to the request.

Is the inverse true?

The inverse is also true, when it comes to a bad outcome. The doctor may have breached the standard of care, but this cannot be determined by the patient - the law requires expert testimony to establish this. Sometimes bad outcomes are just the risk of the procedure.

What is the hardest case to win?

Med Mal cases are some of the hardest cases to win and they are by far some of the most expensive cases to try. This in not accidental. Depending on the state you live in, tort reform (a legislative effort to limit the amount of medical malpractice claims filed and tried overall, as well as limiting their total recovery) can range from limits on damages, to very short windows for statute of limitations, to the requirements (like where I practice) where you must literally try the case twice – once before a med mal screening panel, who hears all your witnesses just as a jury does, and then decides whether the case should (and in some cases can) go forward. In some states (I happen to practice in one) the findings are admissible in court (not the evidence but the finding). So, if the MMPT screening panel finds the doctor was not negligent, or was, but the damages were within the standard disclosed potential outcomes, so there was no causation, or myriad other things, if you decide (or in some states, if you even still get to go to court) the defense gets to say to the jury that the legislatively enacted Med Mal Pre-trial screening panel found X (no negligence, causation, or damages – or all three). These panels are usually comprised of a lawyer (75% defense lawyers) or a judge, and two doctors who are biased against these types of cases in the first place). Also, if your expert gets torn apart on an issue during panel phase, anything they admit can be used against them in the trial. I say all this to help you understand that these cases are made, by the legislature, to be very hard to even find a lawyer to take, very hard to win, and exceedingly expensive to litigate. This is based on the (fallacious) theory that medical malpractice claims should be limited to the most serious claims because this litigation is so costly, and so impactful on the rates all citizens pay for insurance, that the legislature has seen fit to make them very difficult to prosecute, thereby weeding out weak claims.

What to do if a lawyer does not have permission?

If the client truly feels their lawyer did something they did not have permission (either explicitly in writing, or verbally) to do, they need to talk to the attorney, explain their discomfort with the situation, and figure out why it occurred and if it was truly in the best interest of the case and the client. If the lawyer cannot adequately answer those questions, they should get a second opinion. The client can demand that anything the attorney did be undone, if it was the type of thing that is in the client's control. One would need to see the engagement letter and retention agreement, and also be privy to the conversations. It is, unfortunately, not uncommon for a client to say they understand what the lawyer is proposing when they don't. If you find that's the case, you may have them ask that all determinations be put in writing, with an explanation as to why.

What is a reporter interview?

A reporter interviews you "on the record". You walk in and out of businesses that have security footage. You use a phone app or social media. Someone has a video doorbell or security system. There are hidden cameras or "nanny cams". Courts order a mobile phone service to monitor or listen to your phone calls.

How long can you go to jail for recording someone?

The person recording you could face five years in jail or prison or a $500 fine under federal criminal law. Your state may have harsher penalties or classify it as a misdemeanor offense.

Which amendment protects privacy and security?

Everyone has rights to privacy and security in their homes under the Fourth Amendment and the Federal Wiretap Act. Electronic surveillance and the laws surrounding it have evolved over time and will continue to evolve.

Can you sue someone for recording you?

You can probably sue someone who records you without permission on private property, or when you were expecting privacy. But suing someone for recording you on public property, or when they were a party to the conversation, is more difficult. Whether you are successful with the case depends on where you are, what the recorder does, ...

What is private conversation?

A private conversation has the consent of all parties or one-party consent (depending on your state laws) You are in private business within a public place like a mall or business (for example: someone films a fight at a grocery store) The recorder has a warrant or similar permission to record you.

Can you be recorded without consent?

You give your consent by attending. If one person says recording a meeting is okay, you may be recorded without your knowledge in one-consent states. If you brag loudly about cheating on a test, then you give up your expectation of privacy by speaking about it loudly in public.

What is an older parent?

An older parent who starts to act in ways that are strange or worrisome, such as becoming paranoid or delusional. In these situations, family caregivers often find themselves grappling with issues related to the HIPAA (Health Insurance Portability and Accountability Act) Privacy Rule.

Is HIPAA hard to understand?

In fact, the American Bar Association includes “ Know your rights of access to health information” among its Ten Legal Tips for Caregivers. The detailed ins and outs of HIPAA can indeed be hard to fully understand.

What is the HIPAA law?

The Health Insurance Portability and Accountability Act (HIPAA) is a federal law passed in 1996. Among other things, HIPAA required the Department of Health and Human Services (HHS) to create a federal “Privacy Rule” for health providers and health plans, governing how these entities must protect the privacy of an individual’s medical information.

Does HIPAA require disclosure of medical information?

However, those disclosures will usually have to comply with the “minimum necessary” rule. Most state laws are similar to HIPAA, but in some states, requirements may be more stringent.

What is a covered entity in HIPAA?

“Covered entities” means health providers, health insurers, and many other professionals whose daily work involves the handling of individuals’ medical information.

Can an older person be incapacitated?

Most documents require the older person to be incapacitated, but some allow the agent to act right away. Of course, even if you are legally permitted to seek information about your parent’s health, your parent is likely to be angry about your doing so.

What is the purpose of HIPAA?

Overall, HIPAA is intended to balance a person’s right to privacy with the need for health providers to communicate with others, in order to properly care for a patient and act in the patient’s best interest. To read about the rule in more technical detail, see here: Summary of the HIPAA Privacy Rule.

What is the law for life insurance?

The most important piece to remember is that while life insurance laws are state-specific, every state requires that in order to take out a life insurance policy, the “insured” person provides their consent. Without valid consent, the life insurance contract is void. In order to obtain the contract, the owner would need to apply using the social security number of the insured person, the name, address, and also the insured person would need to sign a number of pages in the document.

Who requests medical records?

Furthermore, medical records are normally requested by the insured person’s physicians. The insurance company also will likely perform a check of the address provided for the insured person to make sure they live in the address provided, and they will issue a notice to that address when the policy is issued.

Can you take out life insurance on someone without their knowledge?

So to recap, you can not take out a life insurance policy on someone without their knowledge, and no one should be able to do it to you. In order to have a valid policy, the owner must: To clearly illustrate your insurable interest. In other words, you will have to show why you want to insure the individual.

What happens if you forged a signature?

If someone somehow forged the signature and was able to successfully obtain a policy on someone who did not consent, it would constitute insurance fraud . Insurance fraud can be punishable with fines and jail time. It would also probably bring the life insurance company under regulatory scrutiny. If someone was to obtain a policy without consent, ...

What happens if you are suspected of fraud?

Furthermore, if fraud is suspected the life insurance company will bring in the local authorities, even if the person who committed fraud lives outside of the United States. So it is a lot of risk, a lot of sophisticated procedures and fail-safes standing in your way, and very little chance of an actual death claim payout.

What is the insurable interest in life insurance?

An insurable interest means that the purchaser of the policy would be financially harmed by the death of the person who is insured. There are a number of connections that create an insurable interest.

What is a medical exam for life insurance?

Most insurance providers will require a medical exam before issuing a life insurance policy to determine the risk of covering the individual. Pass through underwriting without needing additional requests that can only be met by the insured person.

Can a process server lie?

If you know you've been sued, don't try to escape liability by avoiding the process server. It won't work.

Can you be served by publication?

Technically, no, but practically , yes. You can be deemed to be served by publication and not even know about it. If you were in an accident and think there is a possibility you could be getting sued, report it to your insurance company right away and, if you're not too late, they'll provide you with a lawyer and defense.

Jacob Iloulian

If you did not consent to have your interest in the property transferred, you may be able to bring legal action to quiet title and cancel the deed. You should consult with an attorney so that you can receive the proper advice on how to proceed regarding this matter.

Paul J Molinaro

Removing someone from title generally requires a recorded instrument... such as a quit claim deed... if a forged deed is recorded and acts as the way to knock someone off title, then the person whose signature was forged does have legal recourse...

Anthony Marinaccio

Generally, someone else cannot remove you from title without your consent and/or knowledge. You should speak to a local real estate attorney to see how to return your name to title and how it was removed in the first place.

Contingency and Total Award Strategies

• Since you aren't the one having entered into the contract, you may not be privy to the existence of these types of contingencies. Agreements like this are very common when an attorney takes a weaker med mal claim. It may be that the lawyer will only take the case to the extent that they will try to settle, and may even file the case, with the understanding that they will never try the …

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