Just A Little Info About Lawsuits

[lavender]

 

[sexy-girl]

lavender you so smart thanks for this thread ... although i think in the end siren should do whatever makes her feel happy on this site i hope that can include being true to herself

 

[Siren]

Well Said Lavender

 

[lavender]

 

[Hamletmaschine]

So should I set up my "Hammy's Legal and Medical Advice" thread or not?

I'm serious. I know a lot of shit. I could do good works. But I don't wanna get sued.

 

[lavender]

 

[Siren]

Lavy........

 

[MissTaken]

I would assume that you couldn't file a lawsuit without knowing the respondant's name. Assumably, that would be the least bit of information necessary before establishing that sn "attorney-client relationship" existed.

And suing for slander or defamation of character for something posted at a porn site?

Ridiculous.

After all, shit!

Our character is defamed in the tight ass, conservative world just by being here.

Anyway, it is too bad that loose words have so hurt someone as for them to revoke the help they have over and over provided in an ANONYMOUS and NON CONTRACTUAL manner.

On the other hand, it is cause to make one think twice about how much help they offer and how liable we are for what we post here. If a social worker posts to a "poor me" thread in which the poster ultimately commits suicide, where could the liability be? Frankly, for me, my personal feelings would be a certain liability that could be difficult to manage.

 

[TWB]

The contractual relationship is in the eye of the client, though, I believe. Many a lawyers have created the relationship without thinking they have.

However, as noted on the other thread, I do not think there is any argument that one was created here, unless there were PM's I don't know about.

Love ya Siren.

 

[Hamletmaschine]

Disclaimer: In no way am I providing legal advice. I am just a law student and have no experience. I am just answering a question for a friend.

Hammy, it depends if you try to pass yourself off as a lawyer or doctor. If you do, then it's practicing law without a license. Which can get you in trouble.

So I should do sort of like what Artful did? Put up rules and regulations as to who may post, what they can ask, when they can ask it, what sort of advice I'll give no matter what the question, etc.

Oh, yes, and get familiar with the "." key.

 

[lavender]

 

[SweetCherry]

Geez, I've asked for legal and medical advice on the board before, but I never dreamed of suing anyone for a choice that in the end was MINE to make. ANyONE who would think of things like that just plain needs a smack up alongside the head. It shocks me to see that there's an actual need for a thread like this. I would think anyone with an ounce of common sense would know that free advice is just that and in the end, you are responsible for your own choices.

 

[TWB]

With the recent accusations by a person who knew absolutely nothing, I would like to dispel ANY myths whatsoever that any person could be sued on this site for a breach of attorney-client relations.

The attorney-client relationship is a contractual relationship whereby an attorney agrees to render professional services for a client. An attorney-client relationship may be expressly created by contract, or it may be implied from the actions of the parties. For an attorney-client relationship to be established, the parties must explicitly or by their conduct manifest an intention to create the relationship. To determine whether there was a meeting of the minds in a client's contract for an attorney's services, the Court of Appeals uses an objective standard, examining what the parties said and did, and does not look at their subjective states of mind.

The person alleging malpractice has the burden of proof that an attorney-client relationship existed. In order to establish liability [for legal malpractice], a claimant must establish a duty, a breach of that duty, and damages that result from the breach. The duty implicated is that which an attorney owes a client, and before any duty arises there must first be an attorney-client relationship.

Check it out. There has to be implication by both parties that this type of relationship is presumed. Siren in no way shape or form established anything of the sort. Additionally, IA established nothing of the sort.

Try bringing this type of suit and you and your lawyer will be sanctioned by the court. Losing money while trying to make a quick buck is always nice to watch.

I am suing.

 

[Siren]

 

[kotori]

Disclaimer: In no way am I providing legal advice. I am just a law student and have no experience. I am just answering a question for a friend.

Looks like ya got yourself a new sig line. Or maybe you thought of this already, I don't know, I usually don't have them turned on.

 

[Siren]

 

[Dillinger]

So Siren... want to play Doctor with me and Hammy?

 

[Siren]

 

[Dillinger]

I know I have a new sig line which is now going to be permanent.

Lavy outta make it part of her sig line as well.

By the way - its not outta - its oughta...

Oh and I am in no way implying professional writing advice here, even though I have been published. You cannot use this for any royalties against any of my current or future publications.

 

[Siren]

 

[Bigdog]

<snip> I would think anyone with an ounce of common sense would know that free advice is just that and in the end, you are responsible for your own choices.

The key phrase is 'common sense'. Plenty of people around here are devoid of that. In real life they are plentiful too, just that you have the defense of seeing them face to face.

I understand what Siren is feeling. She put her best face forward and tried to help someone, but didn't see someone else sneak up behind her and put a knife to her spine. Suddenly Siren is facing the potential to lose everything she holds dear. At that point it is only natural to swear to yourself that if you get out of this situation you will never help strangers again. The self-preservation instinct in humans is very strong. Even in this anonymous BB world, attacks feel very real and we defend ourselves vigorously.

I have gotten legal advice from a lawyer on this Board. It wasn't Siren, but she was on my list of people to contact. The advice I received was instrumental in making decisions of a life-changing nature. I feel very fortunate that that resourse was there and would be distaught if it was no longer available. There are many wonderful people here who give advice in all fields, not all of have access to equally helpful advice in real life. These brave board members give of themselves their time, knowledge and compassion. It seems a shame that the whole spirit of giving could be threatened by some nameless, faceless, spiteful person who gets off pointing out the chinks in other people's armor.

Indeed, no good deed goes unpunished.

 

[Siren]

 

[bluespoke]

I'm sure there are others but I have been conscious of five lawyers (or students) on Lit.

Lavy
Siren
Mischka
DBUK
REDWAVE

The first three are always fun and informative.

The fourth had an unfortunate incident a few days ago and pissed off most of the board.

The fifth bears no relation to anyone else on the board (even p_p) and regularly pisses off everyone,



Oh and the first three are ladies. I wonder if that explains why?