Saturday, September 20, 2008

Threatened by lawyer in a deposition, does he have a right for a background check? -

I was summoned at a deposition yesterday that is totally irrelevant to me. Former co-worker from my old job is suing the compnay for sexual harrasment and age discrimination, which is bull. Her lawyer is working on a constingency and is very unprofessional/rude. He asked me personal questions as to where I live or what I do which I chose not to disclose. He threatened to do a background check on me. What kind of information can he obtain by doing that if he has a right actually?? Thank you

Absolutely, the lawyer can do a background check on you. If he does a good one, he can find out anything that is public information. This includes any criminal convictions. However your rights are protected by some laws: 1. The Fair Credit Reporting Act (FCRA) gives you some privacy protection. You should research this. The lawyer might need to get your permission before he can run a credit check since he is not extending you any credit, and your credit rating does not impact the case. 2. The Driver’s Privacy Protection Act. This may protect your driving record unless it directly impacts the case. 3. The American with Disabilities Act (ADA) may also offer protection if you have a disability that does not impact the case. . 4. Other legal provisions. Different states have different legal frameworks, such as the Investigative Consumer Reporting Agencies Act which exists in California. Make sure you check any regulations which may in your state. You can perform a free background check yourself to see what information is available. Like many answers, it all depends on the details: What information do you want? How much work are you willing to do to get it? How fast do you want it? If you are willing to do some work yourself, you can perform a background check on someone for free. Criminal Background Check: Criminal records are kept by the Clerk of Courts in each courthouse. Every city, town, county, state, and the federal government have their own courthouses. We know there are 50 states, 3000 counties, and over 30,000 cities, towns, or townships in the USA. That is a lot of courthouses, and most of them do not share their information. However, it is all public information, and you are allowed to review it. If you know where the subject person has lived and traveled, then you know which courthouse records to check. Do-it-Yourself Free Background check issues: a)One problem is finding out your subject-persons lifetime travel history. He could have committed a crime anywhere he has ever been. b)2nd problem is the amount of work you must do to check every courthouse in those locations. c)3rd problem is that you could miss important records if you miss any of the locations that your subject-person has been to. d)4th problem is cost. If the courthouse has digitized their records and published them on a website, then you can often review them for free. But if you must travel to the courthouse, that requires your time and travel costs. Finally, if you get copy of the record, some courthouses charge $1 per page. Wow! That can be expensive. e)So a do-it-yourself background check may cost you a significant amount of money if you want to perform a complete background check. Other Records: You will probably want to check out some other records on you subject-person. Do your want to know about: Marriages and Divorces Bankruptcies Tax liens Civil law suits Professional licenses Corporate ownership Property ownership. All of that information is public, and you can review it. But, you have the same issues that you had with the Criminal Records. The information is not all in one place. You have to find out where it is, and you may have to travel to those locations. Information Aggregators On the internet, some companies specialize in collecting all of this public information, putting it in their database, and making it available for instant access. For example, Illinois Youth Soccer (http://www.iysa.org) has a Risk Management publication that refers to http://backgroundsearch.com You can review some of this information for free and get the results immediately on the internet. How to Perform a Do-It-Yourself Free Background Search amp; Check: Step #1 – At an information aggregator, like BackgroundSearch.com , you can put in your subject-person’s name and find every city that he lived-in. That website provides this information for free. You can enter as many names as you like, as many times as you like. Now you know which courthouse records to review. Step #2 – At the same website, you can find a list of the Criminal Record Offices of every city, county, and state in the USA, along with their website (as reported to the U.S. government.). Step #3.- Go to the courthouse website, or to the courthouse (if they do not have a website), and review their public records. Step #4 – Back at BackgroundSearch.com, you can find the Record Offices for Vital Records (Marriage, Divorce, Births, Deaths). Repeat step #3 for Vital Records and any other type of records that you need. Purchasing a Background Check: If you want to get a complete report, instantly, you can purchase a comprehensive background check from BackgroundSearch.com (or other information aggregators). Every company (without exception) will charge you something for a complete background check. The companies have to cover their costs to gather all of the public information, put it in a database, keep it up to date every day about everyone, and make it available to you on the internet for instant access. Sex Offenders: The U.S. government does keep a list of all convicted sex offenders in one place. You can find it here: http://www.nsopr.gov/ Source(s): Good luck with your background check research.

Thats crap. Its intimidation and if your knowledge isn t relevant, you can walk out. He is using threats to get you to answer questions. Then again, for $50 I can find out a great deal about you. More than you would be comfortable with.

He can find out if you have any convictions. I would ignore him. if he must ask you these questions they should apply to the case and he can subpoena you. If you are a witness you don t HAVE to say anything. If you are a witness for his side I would not show on that day.

The lawyer could do a background check on you. I could and anyone could. If there was adjudge why did he allow the badgering to continue. You can appeal to the proper court for a censure of the attorney. Find out which one and do some threatening yourself if necessary.

Heck no he can not background check you! Not without your Permission!

I don t think it s illegal for the attorney to do a background check. Lawyers have investigator s on their payroll. So it s not a big deal. But even if they do a background check on you, they can t get you into trouble for something you did in your past. You re not cooperating, so they probably think you ll testify in favor of your employer. Or he thinks you re hiding something.

Well, he might have been unprofessional and rude, but the bottom line is as long as it s even slightly relevant (and sometimes it doesn t need to be relevant at all, especially in a deposition, which is way more casual than court), he can ask you anything he wants. Where you live and what you do is a pretty standard question for any witness, and there s no reason for you to not answer other than to make it harder on this attorney, which is probably why he told you he could find out anyway (which he can, by the way). I think you should answer the questions -- if you don t, he could get an order from a judge that forces you to tell him.

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