Asked 10 months ago - Huntington, WV
FlagI have a situation where my previous attorney still continues to have information about my lawsuit on the internet, against my permission. The information states my name, the fact that i have a PTSD from combat and that i take medication for my disaiblity. I do not want this on the internet any longer. I have asked her to remove it and she will not. I have dismissed this attorney over 3 months ago, because she made blunders in my case and missed deadlines. Do i have a cause of action for breaching my privacy? Thank you.
I also think, based ONLY on what you say is true, that your former attorney has a duty to take down the information about you -- and perhaps never had the right to publish it in the first place.
You should contact her again, nicely and in writing [not an email], ask her to remove the information about you and note that if it is not removed you will have no choice but to report her to the West Virginia Bar Association's Office of Disciplinary Counsel [ http://www.wvodc.org ]. Give her a 10 day or so deadline to comply. If that deadline comes and goes and the information remains then speak with another local attorney about the matter. The vast majority of attorneys practice ethically and honestly and so you need to consider the real possibility that your former attorney has the right [somehow] to publish the information about you. If the second, local attorney concludes she does not then that attorney will take care of the matter and, perhaps, either he or she, or you, could file a complaint with the Office of Disciplinary Counsel.
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