Is there Attorney-client privilege for communications sent directly to Bethel legal?

by sinis 19 Replies latest jw friends

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  sinis

  Thanks EP. How about this? I found this interesting:

  III. WHAT IS PROTECTED

  The privilege protects communications that are intended by the client to be confidential as part of an overall relationship between that client and his/her attorney. It protects both the communications from the client, and any advice or other response given by the attorney, the primary purpose of which is legal. Where the privilege attaches to a confidential communication, it attaches to the entire communication, and any unprivileged material contained within it is also barred from disclosure. This includes factual statements from potential witnesses to a disputed issue. A party is not barred from gathering the unprivileged information elsewhere, but cannot do so from a privileged source. The intention of the client with respect to confidentiality determines the applicability of the privilege. The intent of any other recipient, including the lawyer, is irrelevant.
• 

  GOrwell

  what EP said... they aren't your lawyer and there's no privelege if they aren't..
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  sinis

  What is the legal standing (or violation thereof) on Confidential Communications???

  http://legal-dictionary.thefreedictionary.com/confidential+communication
• 

  EntirelyPossible

  The privilege protects communications that are intended by the client to be confidential as part of an overall relationship between that client and his/her attorney. It protects both the communications from the client, and any advice or other response given by the attorney, the primary purpose of which is legal. Where the privilege attaches to a confidential communication, it attaches to the entire communication, and any unprivileged material contained within it is also barred from disclosure. This includes factual statements from potential witnesses to a disputed issue. A party is not barred from gathering the unprivileged information elsewhere, but cannot do so from a privileged source. The intention of the client with respect to confidentiality determines the applicability of the privilege. The intent of any other recipient, including the lawyer, is irrelevant.

  See all those highlighted words? That's the relationship priviledge applies to, namely the client of the attorney with whom you have a relationship with for legal purposes is who the priviledge applies to. Not anyone else. Here is the definition of attorney/client priviledge:

  Attorney-client privilege is a legal concept that protects certain communications between a client and his or her attorney and keeps those communications confidential.

  If the WT lawyer your attorney? No? Then there is no priviledge. The WT is his/her client and anything you send to the WT attorney can be shared with his client, namely, the WT.
• 

  sinis

  Thanks again!

  I did find this. This seems to be plausible, but is it geared to civil/criminal proceedings, and not private? I would still think that you could sue for libel/slander under tort laws...

  N.Y. CVP. LAW § 4505 : NY Code - Section 4505: Confidential communication to clergy privileged
  Search N.Y. CVP. LAW § 4505 : NY Code - Section 4505: Confidential communication to clergy privileged
  Search by Keyword or Citation

  Unless the person confessing or confiding waives the privilege, a clergyman, or
  other minister of any religion or duly accredited Christian Science
  practitioner, shall not be allowed disclose a confession or confidence
  made to him in his professional character as spiritual advisor.
• 

  sinis

  With regards to tort and false light:

  http://en.wikipedia.org/wiki/Privacy_laws_of_the_United_States
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  finallyfree!

  unless you have unlimited resources to pursue their vast team of lawyers (which thanks to the sheeple have unlimited resources basically) then id just write a letter telling them to stick it!

  save your time and money for things that matter in life.
• 

  lifeisgood

  Attorny client privilege only applies to a lawyer representing you, not the other party.

  One thing that everyone needs to understand about the Watchtower Bible and Tract Society. They believe that they are above (beyond?) the law. They believe that "worldly" laws do not apply to them. They will lie, cheat, steal, falsly accuse, whatever they have to do to win their argument or prove their point.

  Don't send the governing body a letter. Don't interact with them.

  I would not send a letter to them, not the elders either. Just stop going and say whatever you want to say if the elders visit you. Don't make it into a big deal. They won't really try to help you.
• 

  OnTheWayOut

  This whole thing is a silly argument. You are not enrolled at Headquarters. You are just a publisher's card at some Kingdom Hall. Oh, there might be some file that contains letters or forms of judicial matters at HQ, but you really aren't an "enrolled" member.

  So, if there was some way to tie the hands of a Bethel lawyer, great. You secretly became an unenrolled member of JW Headquarters, where you were never really enrolled or unenrolled. If his hands are tied, he cannot inform the congregation where you are actually a member because of your publisher's card.

  What you are after is a way to be removed from the local congregation without any announcements.

  If you just stop going there, that's one way. If you are concerned about DF/DA because of some information out there, some have used a threatening lawyer letter (Google "DocBob letter").

  Currently, it is rather difficult to have your cake and eat it, too. The current best way to do this is to stop going to the hall, but keep your private life and activities unknown to the elders, or to move away from a congregation that won't leave you alone before you stop going.
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  Band on the Run

  I am a lawyer. There is a list of exacting criteria for attorney-client privilege. You aren't interested in privilege, which prevents someone from testifying against you. Confidentiality is a related concept. The criteria are different for every jurisdiction. Your state may have a variation. FindLaw may have have a listing of black letter law criteria. But no state has black letter law anymore.

  As someone noted, your lawyer may have confidentiality and attorney-client privilege concerning you. The Watchtower lawyer would have it only as it relates to the Watchtower or key persons at the Watchtower.

  When I was in college studying political science, I volunteered at legal agencies. Since we were discussing jurisprudence in class, I thought I knew law. I freely gave legal advice. It was so easy. After one week in law school, I slunk in my chair and felt tremendous guilt. If it is important to you, consult a lawyer. Many lawyers do free consultations for about forty-five minutes. If I answer your question, I am responsible for the veracity and can be sued if I am wrong. This is why lawyers don't give legal advice. Unless someone hears all the facts (and you can't know exactly which facts are pertinent), the advice is flawed.