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There is No Expectation of Privacy on Workplace E-mails or Instant Messages
November 14, 2011 at 12:43 pm | Latest News | No comment | By Chris Cramer
A common misconception by employees is that there is an expectation of some level of privacy in e-mail or instant message communications on workplace systems. The truth is exactly the opposite. As a general matter, employees have no expectation of privacy in e-mails or instant messages sent through workplace systems. Most employers have policies expressly stating that all communications composed on workplace systems are the property of the employer. Recently, in recognition of the common misconception, the American Bar Association (“ABA”) issued a formal ethics opinion stating that lawyers have a duty to warn their client, who may be employees using their workplace systems to communicate with their lawyer, that such e-mails may not be confidential. The ABA ethics opinion can be found here:
Beresford Booth lawyers represent both businesses and employees in employment disputes, and routinely help our clients work through employment related matters. Contact us today.
The Value of an Initial Consultation—and the Realization that Sometimes Hiring a Lawyer is Not Always the Best Answer
August 17, 2011 at 8:41 am | Latest News | No comment | By Chris Cramer
When it comes to situations where you think you might need legal representation, sometimes hiring a lawyer is not always the answer. However, sometimes it takes an initial consultation with an experienced lawyer to make the threshold determination of whether legal representation is necessary and/or the best course of action.
For example, a number of factors can influence a decision to engage or not engage legal representation to pursue legal rights in litigation. Some simple factors to consider are the amounts in dispute, the probability of success on the legal merits of the case, and the timelines to take a civil matter from filing the initial complaint through to trial (currently running almost two years in King County Superior Court). Less obvious factors to consider include the long term relationships between the parties involved, possible counterclaims or third party claims that are out of the client’s control, and what the client would consider a ‘win’ at the end of the day when the litigation, including exhausting the appeals process, is over.
It is usually during the initial consultation in which an experienced lawyer can determine what is in the best interest of the individual or corporation. Oftentimes, individuals are surprised to learn that a lawyer would recommend anything other than engaging their services—but despite what popular media portrays, ‘lawyering up’ is not always the best course of action. In most situations, initial consultations are either free of charge, at a reduced rate, or charged only upon the lawyer’s retention. Of course talking to the right lawyer, with the right type of experience, is the essential first step to determining whether you need a lawyer to pursue your legal rights.
Please call the lawyers at Beresford Booth PLLC at (425) 776-4100 if you would like to discuss your legal options.
Corporations Cannot Represent Themselves in Court
July 8, 2011 at 8:14 am | Latest News | No comment | By Chris Cramer
On July 5, 2011, Division One of the Washington State Court of Appeals in Dutch Village Mall v. Raymond Pelletti affirmed the longstanding rule that a corporation must be represented by a lawyer in order to litigate its rights in court. The facts of the case are familiar to many corporations: Dutch Village Mall (“DVM”) is a single member limited liability company (“LLC”) attempting to collect unpaid rent and other related damages from a former tenant. DVM’s sole owner, member, and officer Mr. Lei attempted to represent the LLC himself in pursuit of the unpaid rent. The court rejected Mr. Lei’s representation of DVM because he was not a lawyer.
Individuals have the legal right of self-representation in Washington courts, but that right only applies if the individual is acting solely on his/her own behalf with respect to his/her individual legal rights and obligations. Individuals appearing before the court on behalf of another party must be licensed in the practice of law. “Because a corporation is an artificial entity, necessarily its interests in a court proceeding must be represented by a person acting on its behalf. Representing another person or entity in court is the practice of law. To practice law, one must be an attorney. Thus Washington, like all federal courts, follows the common law rule that corporations appearing in court proceedings must be represented by an attorney.”
The Dutch Village Mall Court provided another reason for prohibiting lay representation of a corporation as the inequity of allowing an individual “to establish the protections of a corporation and then not require that he also face the burdens of incorporation,” finding that the consideration is not a mere technicality. As Mr. Lei acknowledged, the purpose of forming an LLC is to limit liability. “If DVM were the defendant in this lawsuit instead of the plaintiff, it is unlikely that Mr. Lei would accept the personal liability that would come with him and his company being one and the same person.”
If you have a corporation that needs to enforce its legal rights—Beresford Booth can help.