Please? What are your thoughts about privileged surveyor/client information?
And your thoughts about an attorney being able to subpoena your work records, emails, autocad files, computations, field notes in order to dispute your boundary determination?
My thoughts are that even though I have custodial possession of the records, they belong to the entity that paid for them. But I consider those records ONLY the field data, research and final documents. Everything else is mine.
Can everything be subpoenaed? I suppose the "other guy's" attorney can ask for anything he wants. Whether he gets it or not is a different story. Through the litigious maze the attorneys usually get everybody (both sides) to swap their info concerning how they arrived at their conclusion. If you withhold info at that stage of the game, you may not be allowed to produce it for testimonial evidence at a later date.
You are expected to maintain your client's confidentiality to whatever level he asks or expects. However, we do not have the same level of confidentiality as his attorney or doctor.
You do not have to disclose anything until the judge says so. You can fight a subpoena or your client may want to help you fight the subpoena.
If your client's attorney was in on any conversations that may give you some extra protection.
However, we as surveyors have very little ultimate protection. And anything that you found that is in the public record is certainly not protected.
Then there are your specific state laws and also some federal laws.
You probably need to consult your own attorney.
Client Privilege
"I" before "E" except after "C". 😉
My view is to keep your client data protected from eyes that have no clue as to what they are looking at. Most attorneys that subpoena information will need to turn that info over to another surveyor brought in as an expert witness. If he happens to be a rival then things will get sticky fast. If it is itemized specifically in a subpoena maybe. But a blanket demand for all data it is obvious they are trying to find something to hang you with. So use common sense. Fight it if possible. These things should not be just easily granted. My .02.
Client Privilege will get expensive
If secrecy is important to your client, then let your client's attorney fight it.
> Please? What are your thoughts about privileged surveyor/client information?
> And your thoughts about an attorney being able to subpoena your work records, emails, autocad files, computations, field notes in order to dispute your boundary determination?
Once in a deposition I had an attorney suggest he could subpoena my work records... I told him they were "off site" and I would need an airplane ticket, visa, and about a week to retrieve them. He grinned and said "never mind".
That evening in the tavern he said he kept no records, everything gets deleted/shredded/burnt at the end of the day (wink wink nod nod)... "you can't subpoena something that does not exist, and my memory is crap".
Client Privilege
I learned this from an attorney that was at one of my old companies. First, talk to your Client's attorney and find out what the other attorney is entitled to receive from the subpoena. If it is the Discovery Phase of a trial, you may very well have to provide the information requested. You wait until a day or so from the deadline and you send him an email stating that he may come by your office and review and copy any pertinent information. That is if he will sign and return the attached agreement for $ per copy and your standard hourly rate, as you must be there to supervise his activity. This would also be a good day for your copier to be broken (meant to get some toner), so that you have to go somewhere to get copies and of course it only makes sense for him to pay for them. We must comply with the court; however, we should be compensated and we have just as much a right to be a pain in the rear as the attorney. You only have to comply. You don't have to make sure that it is a pleasant experience. BTW: I have not had an attorney make it by my office yet.
Client Privilege
>... You only have to comply. You don't have to make sure that it is a pleasant experience. BTW: I have not had an attorney make it by my office yet.
:good: :good:
This started as an speculation based survey. So I gave my opinion. Said opinion being just that; it is not an endorsement nor does it tacitly imply any real legal conjecture. That being said I felt free to state any of my opinions as I saw fit for this question. Attorneys will always come off as being the authoritarian; but some times we can just be a stick in the mud and slow down the invasion of privacy. Which is why your post got a twosey.
When I was in private practice, it was in my contracts that any data that I collect or copies of records I obtain through research, any notes, calculations, drawings, documents, reports, etc. that I generate in connection with the project are mine. Final maps which were not subject to public filing are also mine. My clients paid for my professional opinions, not for the commodity of a map. They were provided copies of maps and/or reports depicting or reflecting my opinion and those copies belonged to them for their reference. That did not give the clients or third parties to whom they might provide a copy license to do whatever they wished with my opinion, or to alter the map or report provided in any way. Most of those I have worked for have had similar policies reflected in their contracts.
That being so, I would be the appropriate party to issue a subpoena to if the results of one of my surveys were being challenged. It is common for attorneys to demand copies of the entire contents of the project file. If there is sensitive personal information of the client or another party that you are uncomfortable providing, consult your own attorney as to the extent to which you can redact that specific information on the documents containing the info.
It's unlikely that you would be legally able to withold any documents if they are in the files pertaining to the project in question, but you may be able to legally redact some of the info on the advice of your attorney if that info is personal to a party having no direct connection to the case and if that data would have no bearing on any matters at issue in the case.
Client Privilege
Thanks to all who responded to my question!
The topic was the result of a seminar in NH, where two attorney/surveyors informed us that there is no such thing as client privilege between land owner and land surveyor.
I was surprised to learn of their opinion, to say the least, and that one of the attorney/surveyors made a gleeful statement that if he ever got the chance to question or cross examine one of us about our work, he would make a point of making us squirm and sweat on the stand.
So, all you surveyors beware....
:-O
I received a subpoena for all of my records, research, contracts, notes, time sheets and a few other things pertaining to a boundary survey I performed. I wasn't forewarned of any problems. I called the attorney and asked what was going on. It was something to do with the use of the property and zoning. Some environmental group was after the owner. I asked my attorney what I should do and upon his advice I emailed a contract for "at cost" copies PLUS my hourly field rate. The law says something like copies at cost plus the hourly rate of the lowest paid employee qualified to make the copies. The attorney had her secretary call to chew me out and threaten me. After a few weeks of hateful emails and phone messages they sent someone from the Environ. Group to inspect my files. He left with nothing. It was a rude and disrespectful act on the part of the attorney and her name is on my "black list". Some day, some day she'll need something from me.
