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So,if you are being abused by your boss via email, you can't give the evidence to a lawyer, but first have to apply for a court order without showing any eviden
by ajb 6y ago
So,if you are being abused by your boss via email, you can't give the evidence to a lawyer, but first have to apply for a court order without showing any evidence in order to get the evidence? I think this is unlikely to be the law, and if it is, it shouldn't be.
- pseudalopex 6y agoDifferent jurisdictions have different rules. But legal counsel is a common exception to NDAs.
- WalterBright 6y agoIANAL, but that's what "discovery" is for.
- Zuider 6y agoBut without solid evidence of some sort, one cannot establish that there is a case fit to be heard in court, and so there will be no discovery. It is a bootstrapping problem.
- username90 6y agoWitness testimony is evidence.
- pydry 6y agoI've never heard of discovery being applied to ones own communication.
- username90 6y agoYour word is evidence, then they can use that to look for more evidence including checking emails.
- ajb 6y agoWell, that's true. But you're still having to give your employer notice that you are talking to a lawyer before the lawyer has seen anything. This seems seriously unfair, and I hope that NDAs are not enforceable under such circumstances. [edited to add ] Also it seems like it would be a big waste of the courts time.