What gives a lawyer the authority to obtain private records?
Let's say I want to sue somebody for libel but all I have is their Gmail address. Naturally, I need a lawyer to obtain their name and IP address from Google. So what does the lawyer do to obtain those records? Does he show up at Google and say "I'm a lawyer and I need this?" ? what gives a lawyer that authority?
- A court order
- do not 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 will not 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 chillingeffects.org for more info
- 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
- You. If you start a case
- A subpoena
- 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
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Knowledge Base: Lawyer
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