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.
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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?
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