WHAT GIVES A LAWYER THE AUTHORITY TO OBTAIN PRIVATE RECORDS?

Let’s contend we wish to sue somebody for defame though all we have is their Gmail address. Naturally, we need the counsel to acquire their name as well as IP residence from Google. So what does the counsel do to acquire those records? Does he uncover up during Google as well as contend “I’m the counsel as well as we need this?” – what gives the counsel which authority?

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6 Comments

  1. only p
    Posted October 18, 2008 at 5:48 pm | Permalink

    A court order.

  2. iggnant1
    Posted October 18, 2008 at 6:40 pm | Permalink

    You…. If you start a case.

  3. wizjp
    Posted October 18, 2008 at 7:39 pm | Permalink

    Goes to a judge with jurisdiction and asks for a subpoena for the information; if the judge agrees he has just cause, he grants it

  4. qb
    Posted October 18, 2008 at 8:24 pm | Permalink

    a private person like you will not have a right to it generally until you file a suit. after that, the process of discovery allows you to obtain certain relevant evidence.
    in contrast public officials dealing with law enforcement can get warrants but that has nothing to do with a civil defamation suit

  5. Barry C
    Posted October 18, 2008 at 9:20 pm | Permalink

    don’t worry about it. the lawyer you hire wuill know how to deal with it and google has an entire department of people handling such requests. they won’t hand it over just because you ask though, and “libel” is unlikely to be a suit any attorney will take unless they jsut want to take your money for a while until you give up.

    see http://www.chillingeffects.org for more info….

  6. Angie W
    Posted October 18, 2008 at 10:08 pm | Permalink

    A subpoena

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