imported post
turbodog wrote:
georg jetson wrote:
VORiaSOI wrote:
vie seen that before, but i thought it only applied to mis-sent information. i do not believe you can control what you send to me, after i get it.
any attorneys?
It's a legal cya... there are no state or federal laws against forwarding emails that contain prohibitions against such... For liability reasons it is prudent for a sender to expressly state that permission to forward is NOT given(prohibited).
As in all cases where questions of law arise on a forum, research this yourself to verify.
In all fairness Georg, some of us are computer and internet cripples, who really don't have a clue on how to go about finding information. (not sayin you are VORiaSOI)
Sometimes it helps to ask others for some advice. If nothing else, to point you in the right direction to look.
Great question!!!
Depending on whether or not you have "time" or "money" the internet is either a starting place or can be where you do most of your research. Federal law and Louisiana law can be found in their entirety at the following 2 sites...
Fed -
http://www.law.cornell.edu/statutes.html (this is what I use... there are other sites)
La. -
http://www.legis.state.la.us/
CAUTION!!! Legal research and legal advice are 2 DIFFERENT things. Internet research is very helpful. However, I would be very apprehensive about getting ADVICE from someone whom you cannot confirm their identity.
Ideally, one would have their own Westlaw subscription. Unfortunately, this is out of most people's budget. The reason is that even though you can find code using the above listed links, they are NOT annotated. Annotations are very useful when trying to determine the correct"interpretation" of the law in question. Westlaw is also, the premier place for online case searching. All is not lost though as MOST parishes have a library that has a Westlaw subscription at least in hard copy form. If you are near New Orleans then you have access to the Federal District court's law library which is extensive. There you have all the resources an attorney has... well except other attorney's experience that you would benefit from, particularly if you were working for a large firm.
There are cheaper alternatives to Westlaw such as Versuslaw and Findlaw. There's an expense, but it is reasonable.
So back to my statement about whether you have time or money... If you have money then you can sit in front of the computer most of the time. If you have time then you'll get to know your librarian by name...
If you have neither time nor money, then you have small children...
For a more detailed explanation, there are many websites to learn from... just type your search in the search window of your favorite engine.
Specific to VORiaSOI's request, the easy thing to do is a word search at the sites I mentioned and that's what I did. If I were him, I would do the easy searches as a beginning and then head down to the library to VERIFY.
Beginning the search goes like this...
-are we considering federal, state or local law?
-are we considering a civil or criminal question(in this case both)
-If it's a criminal concern then you look for a statute that enumerates the prohibited act and the penalty. There may be more than 1 statute involved.
-If it's a civil issue, start in the civil code, then more often than not a case study is necessary(I'm much less familiar with tort law than criminal)... in this scenario, I couldn't find any readily accessible cases where an entity was held liable for info contained in an email, but did find a lot of legal debate... most entities are including the disclaimer to give SOME protection in the event of a lawsuit.
As far as VORiaSOI's hanging question to any attorneys lurking, I say this...
!) If they say they're an attorney are you gonna believe them??
2) Being an attorney doesn't make you right... it just makes you responsible for being wrong.
3) Legal information is valuable... why do hope to get it for free?
4) If a poster CLAIMING to be an attorney actually IS an attorney, then giving us the easy answer keeps us ignorant, dependent and lazy. Maybe that's where the real job security is!!!!
I'm learning to fish... I'm happy to help others learn to fish as well and welcome any information that makes me a better fisherman. Law is NOT rocket science... it's just time consuming. If we remain ignorant of the law then it is OUR fault. Just like anything else in life, WE are ultimately responsible for our own legal matters just like health, finance etc...
Hope I've been helpful.
Here's my disclaimer... Nothing in this post is intended to be taken as legal advise as I am NOT an attorney. Nothing in this post is meant to paint attorney's with a broad brush either positively or negatively.
