The Not “Interested” Interested Party

You have the situation where a family member, who has no monetary interest or standing in a case, insists on having his or her voice heard.  This not “interested,” in the legal sense, interested person can still affect a case.

One may find herself asking, “Why do I have to pander to this person who is not a party, not my client, not someone with standing, and not someone that is a fact or expert witness in any conceivable way?” The answer may lie in asking what effect this individual has on the people who do matter – the clients, the parties, the witnesses.  Positive clients work with counsel better than downtrodden clients, and a negative not “interested” person can still indirectly matter.

There are two suggested methods in dealing with such a person.  One can call, ask questions, and listen to such an individual, which achieves the commonly desired goal of allowing this type of person to be heard without disclosing client confidences.  The second camp might advise receiving written permission from a client to disclose only enough confidential info to appease a more aggressive rabble-rouser. 

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s