Anette Dawn Planet Suzy

emails as evidence

I just finished reading a letter from the counterpart in a trial of larger foods, where it opposes the provisional decree food, arguing among other things, opposing counsel, or I, acting in "deplorable lack of professional ethics" by making use of two e-mails they had sent me a way to negotiate the possible terms of all the trials that bind us ... Colleague keeps saying ... "in due course he said that no decent lawyer fails to act ethically , and that criticism is made because in its application stated that he would offered me a pension for a one million pesos ... "

In reading the letter, could not fail to amaze me, the violence of his first tenor and second some ignorance on the subject, because out of ethical question, there is the probative value of this type of communication, "e mails or emails" not prejudice to a party, base their claim on them .

regard, I found much interesting material, and I'd like to share ...

doctrine almost unanimously considered that the email is not comparable to traditional mail, so then it would come under the "media" to the same treatment (legal and moral) that a confidential letter, because that between e mail and correspondence differences as

1 .- The e-mail lets you know who issued it, more precisely, what was sent and terminal in which it was received. Situation different from the written correspondence that does not necessarily require a sender.

2 .- The content of the correspondence principle can not be read by others, however, we note that the email is not so, because while browsing the cyberspace can be easily accessible to third parties.

3 .- Unlike what happens with traditional mail, digital message "is not unique" since creation is manifold. From the moment the user sends the message, not only have created multiple copies but that they are scattered all over the world, depending on your point of departure and arrival of the message.

4 .- The person receiving the e-mail have the ability to duplicate ad infinitum . Copies created in the memory of the computer being used to create the message, are available to the user who can at will, destroy it, save it or copy it, etc.

So, this will determine the characteristics of e-mail :

* Multiplicity Copy.

* The necessary intervention of third parties who also have copies of them and route the messages continued.

* The possibility that the system operator ( ISP) to access messages and monitor and / or modify its contents, etc.

Law No. 19,799 "On electronic documents, electronic signatures and certification services of the firm" in its article 5 says that electronic documents may be presented in court and will fully test in accordance with the general rules . Therefore, however would accept a challenge ethical the intrusion of such "communications" between the trial lawyers, I can not help but observe that provide evidence and therefore a way of asserting the claim raised in my case.

The code of professional ethics of the Bar Association sanctions the violation of professional secrecy includes in it those talks for a transaction that failed ( art. 11), nevertheless, due to the old dates this body of law, which is not aware of the time is that I think are not included in such secrecy couriers both upset my partner , because as I played before, conversations or communications are not strictly "private."

In any case the court decided not to give rise to opposition from the food counter and temporary remained firm until the final ruling enactment.

.....

One last comment:

Advancing the ethics code, I found an article that talks about "the deal between colleagues," meaning that it must be a fraternal and respectful, which celebrates the profession and refrain from use malicious or insulting expressions ...

Perhaps my colleague has not read the entire code?

Saa7130 Hl Multimedia Capture Devive

Waiting to call me at the scheduled hearing ... Where it all begins

that would rido start with something more positive, but hey .... so it goes. Today was
trial hearing in the Family Court of Santiago. The scheduled time was 10:00 AM and I waited patiently the call ... My client did not arrive, nor the counterparty. After reviewing my schedule, call the office, check out some outstanding payments that I realize this week and re-read the history of the coming trial folder, I started to look and listen ...
Beside me sat a man about 50 years. I was uneasy. Moved forward and revised paper. It was a subpoena. Within minutes I realized I was not alone. A child with him. A cute little boy, tidy, dressed in school with his pack on the shoulders and with tears in his eyes that contained so it does not escape him. He was the son of the lord. I hardly looked at each other, but the boy was defiant and rebuked. I was not enough to hear it whispered and spoke through clenched teeth. Dad lowered his head and moved his paper citation. As time passed, child and father seemed more uneasy. I realized that the mother expected. Only He could hear the boy told his dad .. "I said, I said" ... Until the official left the room 4 (which was the same as mine) and called loudly .... it was for them. The man showed him the subpoena and handed his card, explaining that the "defendant" had not arrived ... they were, when the boy shouted "here comes my mom!". Then the officer (as diligent as permit this atrocious system) says: "anyway we will give a new time, because at the time of call were not two .." "But, Miss I wanted to drop the case!" said the man ... "Oh that's another thing," said the official, and after a few minutes, ushered into the courtroom. The boy wanted to go, but obviously not allowed. And he sat beside me, staring at the ground and moving fast fast one leg. I felt almost without looking at the containment of their crying. And I decided to talk. The do not want to answer anything, look at me. He rose from his seat. I was scared. Sure! children .. I do not talk to strangers .. I explained that I am a lawyer children (so I understand) and sat down again beside me. I told him not to be afraid and if I wanted to tell me or make me questions and I could explain. Moved his head and said no. How old are you? "11" answer, and you to school now in the afternoon "if" I said .. and trouble to ask me could they be prey to my mom? is that my dad says she is bad and put a complaint of domestic violence, says it takes and not true .. and sighed relieved. "But your dad said he would withdraw the claim, so now the judge is talking to them to fight no more .." I replied. And your dad is good with you? "Yeah, so well behaved." And mom? "Also, but before my dad left, hit him several times to my Dad I think that's why he left, got bored. Anyway my mom and have a partner - he almost resigned"
As I spoke, I did love in her hair, took her hand and tried to contain him .. I explained that the judge was a woman and understand that it could not separate the mother of his child (because that was the fear he had) I asked him to try not think bad things and that discussions were between mom and dad .. But nothing could have said was sufficient, the child was somewhere else ... rather, inside the courtroom.
parents came every man for himself. The mother took the child by the hand and did not give even a second for the dismissal of the father. In a second left the waiting room.
And I stayed there. Paralyzed. With anguish and helplessness. Why do our children will have to suffer this sort of thing? "That boy could be my child? And the anguish that was .. (as hypo penalty saved) and his face! ... Why? How to avoid?
And it was not who was right or not, who hit who, as I would have worried about being a lawyer for a party. It was that little boy. That was left out. Instead of being at school playing ball, a court was explaining to a lawyer if unknown, using legal classification as an expert. And becoming more mature man of pure pain. Then along with wanting to start from there, I thought, really wanted to be, as I said this tiny, a lawyer for children.

Groping In The Bus Movies

I stand simply as The Advocate. Women
32, entitled for 6, a lover of life and justice, delighted with his career and eager to help and be a real contribution ...
Let's see how it turns out!