Can you say . . . , "protective order?"

There is nothing new about the possibilities of an attorney or party releasing confidential information. In the cruel world we live in, people misbehave and private information is often dispensed to people who have no right to the records. I'm sorry if I've just burst your bubble, but this happens all the time, especially in divorce cases.

Fortunately, the court has a pretty strong remedy to this problem. Courts issue "protective orders" that forbid the release of private documents to third parties and impose huge sanctions on people for violating such orders. And let us not forget the fact that an attorney's license could be in serious jeopardy for intentionally releasing such information, which is a pretty strong incentive for not violating the court's order.

Again, borrowing from my experience in litigating family law cases, I often find it necessary to obtain protective orders on behalf of my clients. In one case, where my client was an attorney who owned his own law practice, his wife demanded copies of all the records pertaining to his client's files. She purportedly wanted the records to assist her forensic accountant in determining the value and cash flow of his law practice. Obviously my client was concerned about the confidentiality of his client's files, especially since his wife was on the war path to destroy him. We could not get into court quick enough to obtain a protective order, which was granted without hesitation!

What about Viacom's underlying motives?

For the purpose of this discussion, Viacom's motives are irrelevant. Viacom has the right to our system of justice as any other company or person. It is, after all, the court's responsibility to ensure that Viacom does not release the information to third parties. If Viacom violates the court's protective orders, well, look out for an astronomical monetary sanction.

Be careful!

The bottom line is that the information obtained by Viacom will be safeguarded by a protective order restricting access to the data to outside lawyers or others. The lawyers representing Viacom will probably make sure the protective order is obeyed. Nevertheless, it behooves all of us to think twice about the sites we choose to view within the privacy of our homes. After all, the right to privacy is not absolute, and you never know who may get their hands on your records.

Written by Donald P. Schweitzer

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