Good morning, I need to know if anyone out there has ever seen a letter from a attorney from someone who was disfellowshiped or just left the org. I remember seeing one somewhere, it read that they were not to read a letter at the kingdom hall that mentioned there name.
Need a copy of a letter from attorney
by tif21 4 Replies latest jw friends
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wallsofjericho
heres doc bob's letter if that helps...
http://www.docbob.org/modules.php?name=Content&pa=showpage&pid=6
Since you have asked me to appear before a judicial committee to face charges of apostacy, there are a few things that I must ask for and which I feel must be clarified before I will even consider meeting with a judicial committee. 1. I shall be notified in writing of the time, place and purpose of any meetings with a judicial committee. 2. I shall be notified in writing of the exact purpose of the meetings. 3. I shall be notified in writing exactly on whose behalf the judicial committee was convened and is acting: the Portsmouth Congregation of Jehovah' s Witnesses or its legal corporati on the Portsmouth Company of Jehovah' s Witnesses, the Governing Body of Jehovah' s Witnesses or its legal corporations, the Watchtower Bible and Tract Society of New York, Inc. the Watch Tower Bible and Tract Society of Pennsylvania, Inc., the International Bible Students Association or any other agency not here named. 4. If any other agency other than the one for whom the judicial committee has informed me they are acting for is consulted, reported to, or allowed to have any bearing on the outcome of the judicial process, I will consider the judicial committee as acting in the their behalf. 5. I shall be notified in writing as to my status as a member of any and all of the organizations for which the committee is acting or to which the committee will report. 6. I insist that the judicial committee immediately cease, and in the future desist from any actions toward or against me in behalf of any corporation or organization of which I am not a member. 7. I shall be notified in writing of any accusations against me, the names of persons making such accusations and the substance of any evidence against me. 8. I shall be notified in writing of any and all of my rights and responsibilities involved in the judicial process. 9. I shall be given sufficient time between notification of any meetings with a judicial committee and the time of the actual meeting to prepare a response to any accusations. 10. I shall be allowed to have one person of my choice present during all meetings between me and the judicial committee as an observer. Since I think there is good reason to believe that the judicial committee may consult with one or more lawyers, specifically those employed by the Legal Department of Watchtower Bible and Tract Society of New York, Incorporated, the person of my choice may also be a lawyer. 11. During the meetings with the judicial committee I and/or my observer will be allowed to take whatever notes we feel are necessary. Additionally, if the judicial committee takes any judicial action against me : 12. I will not recognize any action taken by the judicial committee as valid unless it is communicated to me in writing, stating the exact nature and reason for the action. 13. In this written communication the judicial committee must state exactly on whose behalf they have taken the action, specifically the Portsmouth Congregation of Jehovah' s Witnesses or its legal corporation the Portsmouth Company of Jehovah' s Witnesses, the Governing Body of Jehovah' s Witnesses or its legal corporations, t he Watchtower Bible and Tract Society of New York, Inc. the Watch Tower Bible and Tract Society of Pennsylvania, Inc., the International Bible Students Association or any other agency not here named. 14. If the judicial committee has stated that it is acting only for the Portsmouth Congregation of Jehovah' s Witnesses, it is enjoined from notifying any agency outside the congregation of their action. If the judicial committee or anyone acting in their behalf notifies of reports to anyone outside the Portsm outh Congregation of Jehovah' s Witnesses, I may take any appropriate legal action. 15. I may appeal any action taken by the judicial committee. 16. Before I will meet with an appeal committee, that committee must notify me in writing of the names of all of the members of the appeal committee and who each one represents: the Portsmouth Congregation of Jehovah' s Witnesses or its legal corporation the Portsmouth Company of Jehovah' s Witnesses, the Governing Body of Jehovah' s Witnesses or it' s legal corpora tions, the Watchtower Bible and Tract Society of New York, Inc. the Watch Tower Bible and Tract Society of Pennsylvania, Inc., the International Bible Students Association or any other agency not here named 17. There shall be no contact between the judicial committee and the appeal committee other than to inform them of the time and place of my meetings with them. If I determine that there is any contact, communication or attempt on the part of any of the members of the original judicial committee or anyone acting on their behalf to, in any way prejudice or sway the appeal committee, I will insist that a new appeal committee be formed. 18. I shall be notified in writing of any and all of my rights and responsibilities involved in the appeal process. 19. I shall be allowed to have one person of my choice present during the all meetings between me and the appeal committee. Since I think there is good reason to believe that the appeal committee may consult with one or more lawyers, specifically those employed by the Legal Department of the Watchtower Bible and Tract Society of New York, Incorporated, the person of my choice may also be a lawyer. 20. During the meetings with the appeal committee I and/or my observer will take whatever notes we feel are necessary. 21. I will not recognize any action taken by the appeal committee as valid unless it is communicated to me in writing, stating the exact nature and reason for the action. 22. In this written communication the appeal committee must state exactly on whose behalf they are taking the action, specifically the Portsmouth Congregation of Jehovah' s Witnesses or its legal corporation the Portsmouth Company of Jehovah' s Witnesses, the Governing Body of Jehovah' s Witnesses or its legal corporations, the Wa tchtower Bible and Tract Society of New York, Inc. the Watch Tower Bible and Tract Society of Pennsylvania, Inc., the International Bible Students Association or any other agency not here named. 23. If the appeal committee has stated that it is acting only for the Portsmouth Congregation of Jehovah' s Witnesses, it is enjoined from notifying any agency outside the congregation of their action. If the appeal committee or anyone acting in their behalf notifies or reports to anyone outside the Portsmouth Cong regation of Jehovah' s Witnesses, I may take any appropriate legal action. 24. I understand that if I am disfellowshipped by the judicial committee and the disfellowshipping is upheld by the appeal committee that I am, at that point, no longer considered to be one of Jehovah' s Witnesses. I also understand that it is necessary to make a brief announcement that I have been disfellowshipped. From then on, I will consider any attempt to convince by speeches, talks or teaching; to coerce by implied or actual th reat of similar judicial action; or to encourage by private counsel or suggestion any of Jehovah' s Witnesses to treat me differently from any other person that is not one of Jehovah' s Witnesses to be a serious violation of my civil rights and I may initiat e any legal action, civil or criminal that I deem appropriate. This includes any attempt to convince by speeches, talks or teaching; to coerce by implied or actual threat of similar judicial action; or to encourage by private counsel or suggestion any present Jehovah' s Witnesses to shun or avoid me, cease or otherwise modify their doing business with me, or terminate or otherwise abrogate any lease, rental, mortgage, or any other legal agreement that I may presently have with them. I may consider such to be an infringement of free trade and may initiate appropriate legal action. 25. I consider any communication between the members of the judicial committee and myself and the appeal committee and myself to be ecclesiastically privileged. Any attempt to reveal the substance or tone of those communications to any other person or group will be considered by me to be a breach of that privilege and may result in legal action. This includes any announcements beyond the fact of my disfellowshipping, speeches, talks, or any other communication, written or oral, public or private. I fully realize that you may be unwilling or that the Watchtower corporations will not allow you to comply with the preceding. I respectfully await your written response
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Band on the Run
Check with a local lawyer. Generally, these letters have NO legal value b/c the WT is a religion, protected by extremely generous First Amendment guarantees. The Witnesses have no legal duty to provide you with any due process, which is what the lawyer is requesting. If the elders show the legal letter to peope up the food chain, the elders will know no legal action can be taken. There might be a narrow exception for libel or slander. The Wt has many lawyers with forceful legal memos prepared. Basically, unless something unusual happened, the WT is free to do what it wants.
Printing the letter with letterhead desinged in Word is not going to scare as much as printed letterhead from a powerful and reputable local law firm. Basically, you would be bluffing. Perhaps a local lawyer will provide a letter on their legal head.
Some people report that the elders backed down after a legal letter. Most seem to report that the letter was meaningless. If you are deeply entrenched in the WTBTS, it might be worth a free consultation with a lawyer. Another factor which only you can assess is will the letter inflame a siutation. The letter will not have a cease and desist order status.
If I were facing a JC, I would see a lawyer for free or a nominal fee. Providing them with a letter recognizes their authority over you. Of course, everyone has to work out their own boundaries with the WTS. Every situation is different and people have different levels of comfort.
Good fortune. Good luck.
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Marvin Shilmer
tif21,
Based on how you ask your question, perhaps the letter you seek is found at Lawyer’s Response — Resigned and Withdrawn Elder available at: http://marvinshilmer.blogspot.com/2011/09/lawyers-response-resigned-and-withdrawn.html
Marvin Shilmer
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TD
Doc Bob's letter is for people who are trying to avoid judicial action. Like BOTR said, trying to stop JW's from doing what they have a legal right to do is usually a waste of time.
Given your choice of words; (...disfellowshiped or just left the org) this thread might be interesting to you