Client files trashed

April 1, 2009
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In the course of their job, lawyers find out some pretty personal stuff about their clients. Information that I’m sure the clients want to remain confidential and protected. Imagine my surprise when I read a news article today about an attorney who threw old client files into the trash while moving. Discovered by a businessman who worked near the attorney’s office, the files contained personal information – Social Security numbers, financial records, and photos.

Here’s the kicker: the attorney said he didn’t know there was personal information in the files, but he left them there days after he was contacted by a reporter about the find.

Aren’t there rules about protecting lawyer-client privilege and client information? Not only was trashing the files a possible violation of that privilege, but it could lead to anyone grabbing a Social Security number or bank account number. Why wouldn’t you take a close look at what you were trashing? If you can’t examine those documents very carefully and pay attention to detail, then how much confidence can the attorney’s clients have in his representation of them?

If I hire an attorney and pay them a ton of money to represent me in a case, I expect they’ll protect my personal and confidential information. I hope none of the attorney’s current or former clients who had their files dumped become victims of identity theft because of this, and I also hope this is just another reminder to attorneys, and other professionals who have access to personal information, to do everything they can to keep that information confidential.
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  1. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  2. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  3. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  4. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

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