Re: [infoguys-list] Re: Subpoenas - privity
- I would preface this by saying that anybody can sue anybody they want for
any reason, or absolutely no reason at all.
Having said that, when an attorney retains me on behalf of their client,
the attorney and I have a contract supporting the legal issue of "privity."
You may want to research that word as it is an interesting legal concept.
I have no contractual obligation to the Attorney's client, and there is no
privity between us, and the privity issue cuts both ways. I can give you
a very good example of how this works.
Suppose Joe Attorney retained me on behalf of a client, and ran up an
enormous bill they didn't pay. Suppose they didn't pay because they didn't get
paid. Suppose they adopted that excuse in writing and told me that I
should have got paid, and deserved to get paid, but to get paid I would need to
sue their client.
I cannot sue their client due to the privity issue - there is no contract
between us. I sue the attorney and the attorney may, or may not, sue them,
depending upon whether they feel it to be in their best interest to absorb
Unfortunately, been there and done that.
Same thing the other way. My job is to please my client. If I do what my
client (the attorney) says, and they communicate great satisfaction with
my work, it doesn't matter what their client thinks - that's between them to
In a message dated 1/26/2010 10:09:14 A.M. Eastern Standard Time,
I'd like to discuss this a little. My first questions are, how would the
client of the attorney that Camm works for "get jammed up"; just an example
if you will please? And even if the attorney's client does get "jammed up"
in some way, why would that attorney's client come to to the P.I. "seeking
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