I 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.
Criminal Defense Attorney
Certainly a sound basis here for a legal action and / or ethics violation. With those topics in mind, consult with an attorney so you can lay out the facts. You can consult with the state's bar association, ethics panel.
We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.
Intellectual Property Law Attorney
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.
The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.
Yes. You likely have a basis for two things: a bar complaint & a breach of privacy lawsuit. The 1st will be your best route. The 2nd will cost you money and there is likely no damage to you, so it would be fruitless. You need to contact the state bar for more information or hire a local attorney.
The recommendations in this answer are not considered legal advice for the purposes of ethical, legal and practical evaluation, nor does this recommendation create a retention of counsel agreement between us, wherein an attorney-client relationship exists. These recommendations should never be relied upon without first consulting an attorney in your jurisdiction. I am not your attorney, unless we enter into a written agreement fulfilling the terms of that agreement. The comments posted herein are purely for educational purposes and public discourse only.