The person I am suing lawyer wants all past months worth of video

Discussion in 'Legal Questions' started by Dash Cam Enthusiast, Sep 11, 2016.

  1. Dash Cam Enthusiast

    Dash Cam Enthusiast New Member

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    Wanted to say that if anything i wrote here is used against me, I would be totally surprised and would not care if I lost the lawsuit because of it. I would give credit to the defense attorney for using what I wrote here against me for a number of reasons.

    1) Many facts are very different and I admitted to nothing. But the facts are somewhat similar to get my questions across, but extremely different at the same time.

    2) Lawyers all seem to be very busy and they can't even spend 5 minutes on my case, if the defense lawyer would actually find this post and spend the time even looking for it, it would surprise me.

    3) This is an anonymous post, could be anyone writing this. Could be the the defense guy who caused me the accident writing all this stuff up. If anyone knows anything about what evidence is used in trial, they are very specific and hearsay and stuff like that can't be used. How could they use anything here which is so different then the actual events, and written with no information to who I am or what exactly happened.

    If stuff in this post could be used as evidence I would be shocked. I can just imagine the defense lawyer bringing this up. Well we found some internet post which is completely anonymous, but it may be someone writing about this case, he really didn't admit to anything and kept changing facts around. There is no way this could happen.

    4) The defense lawyer would have to subpoena the owner of this site. I don't even know if that is possible in a civil trial, maybe a murder trial, but I doubt a civil lawyer could request stuff like this and the site owner would not get involved unless it was the police.

    Even if they got internet records, it can't really be traced back to me anyway. They would have to go to my ISP to get the exact location, but only way they can do that is with a search warrant. I don't think a defense lawyer can get that information on a civil trial.

    5) Even if they got all the information here and got the ISP traced back to my house, I would just say it was my stupid family member who did that to annoy me and there would still be no evidence I wrote that, so it would not be admissible in court.

    6)Everything I wrote here doesn't have me admitting to anything, just hypothetical based on what the defense is going to say. I never said I was driving reckless, only that he is going to say that to cover his ass. So that is why I have asked if the defense wants to make his case that I was driving reckless, if they can request past video evidence.
    You see, everything here was written so that I never admitted to anything, just asking questions.

    None of this could be used in court because it doesn't say anything.
    _____________________________________________________

    Most of the social media stuff that you hear about being used against you in court is stuff people wrote on their facebook pages and stuff like that. Easily traceable back to you and clearly shows your name and identity and picture. Stuff on anonymous forums like this would never be used unless you put in personal information, which can be traced directly back to you.

    They can also use stuff like if I texted or instant messaged the defendant, stuff like that can be used because it is easily leads back to me.


    That being all said and if I found out I was wrong and they actually used some of this stuff here, I would give so many props to the defendants lawyer that I wouldn't care if I lost the case at that point. I would feel they beat me fair and square and tell everyone about how great the defense lawyer was to use this against me.

    I would also write a book about how stupid things you write online can be used against you.

    Not saying you guys are wrong about keeping your mouth shut, you may be very right. Other stuff I have posted on the internet may be used against me but that is much more relevant stuff. More like if you guys here got in trouble and were trying to say you didn't have a dash cam and never owned one, and they found you posting here pictures of your dash cam and car with it. That is what they could use against you. But what I wrote here, no way.

    When this case is all finished, I will surely post the video and tell you all the real details. It was this accident when I realized I needed dash cams on all my cars.
     
  2. Dash Cam Enthusiast

    Dash Cam Enthusiast New Member

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    You guys give a lot more credit to lawyers than they deserve. They are helpful with the paperwork and may some things they do every day to get filing stuff in, but for the most part if you had time to do your own research you could get a similar outcome if a lawyer wasn't required to file for a case.

    1) Lawyers are all busy and don't have 5 minutes to spend time on your case
    2) They get a huge amount of money, 30-40% of the cut after their expenses.
    3) Lawyers won't lie for you or tell you to lie.
    4) If your case is solid, there is no reason for a lawyer, the jury will hear your side of the story, see the evidence.
    5) Every case is different, since the lawyer doesn't want to spend time on any one case, he can't really rely on his past experiences for your case. Yet, he doesn't want to spend time on it.

    I'm not at all very happy with the lawyers I've been in contact with lately. Many people think they can work magic, but they really can't. They just don't have the time to put into your case, so you are the one who has to do the proper research, then rely on the lawyer to do it.

    The lawyer just wants to settle out the case as quickly as possible to get his cut, with the least amount of work.

    I can't go into details but I am not very happy with lawyers and for many reasons. I am doing my own research to make sure my case is presented properly. That is why I'm bouncing around questions here and in other places to generate ideas and see weaknesses in my case.

    Of course I'm typing this all up very quickly here, but what I am saying is that if you rely solely on your lawyer and do no research yourself, you are going to hurt your case. They just don't have the time to work on your case, and they are under strict ethical rules where they can't lie for you or tell you to lie or make up your story. Not saying anyone is lying or I'm lying, just saying that, most people are dishonest with their story and a lawyer can't tell you to do that or tell you to change your story, so you have to be careful with what you tell your lawyer from the beginning.
     
  3. Paul Schmehl

    Paul Schmehl Active Member

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    Dude, just stop. Please! First of all, a lawyer doesn't have to find this post. The opposite party, who has a vested interest in defeating you, can simply google the story (or hear you bragging about it), and find this and give it to the lawyer. Lawyers may be busy, but they're not stupid. You can't graduate from law school and pass the bar if you're stupid. You have said FAR too much already, and managed to alienate some on this forum. I can't imagine what impact you would have in front of a jury.

    I told you a while ago, GET A LAWYER and STOP POSTING HERE. Yet you persist. If you lose the case because of what you've done here, you'll find precious little sympathy from forum members. This is my last word. I'm unwatching this thread, because I can't bear to watch you crash and burn any longer. SMDH
     
  4. Dashmellow

    Dashmellow Well-Known Member

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    Reading the statement that, "You can't graduate from law school and pass the bar if you're stupid." gave me a good laugh, having known a few who can't tie their own shoes. I thought of an acquaintance of mine from years ago who barely squeaked through law school and flunked the bar exam three times. He eventually was admitted and now has a little hole in the wall office out of which he usually defends petty criminals in night court, often not very well from what I hear. I could tell many stories about attorneys I have known, like a woman I briefly dated years ago who was an obvious idiot when she told me about some of the cases she had up in the air at that time. I remember stopping by her house to find her frantically ironing a skirt and she said, with a laugh ,"I have to be in court in fifteen minutes and I am totally unprepared!" I felt bad for the woman she was representing in a divorce. I had another local attorney later tell me that he and others would cringe when they saw her perform in a courtroom.

    And there are lawyers who are not necessarily unintelligent but who often handle cases incompetently, can be very rude and inconsiderate and do some pretty dumb things.

    A really conscientious, sharp, on-the-ball attorney who takes the time to pay attention to your matter can be a rare find and who is worth every penny they charge for their services.
     
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  5. Rajagra

    Rajagra Well-Known Member

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    The Law is big, complex and self-contradictory. It isn't expressed in clear rules. Much is defined by precedent in historical cases (meaning everything up to the present day.)
    It isn't even in English. Even individual words have different meaning in Law to what they mean when people speak.

    Sure, you can do your own research. You may be cleverer than some lawyers. But if you think that gives you a fair chance of taking on the system, you're going to walk away from this saying
    "Wait, what? This is outrageous! I'm right. The other side is wrong. How can they not see this? I proved it!"

    If you want to do things your own way, fine, but be realistic about how things work.

    I've been in a similar position. Did my research. Had a perfectly reasonable line of attack. And when I tried to follow it they just slapped me down, I wasn't allowed to even discuss the critical point. I was told to shut up. If I'd continued they would have ignored what I said anyway and maybe even put me in the cells for a few hours for contempt of court.

    What can you do? Nothing. Because you're not a lawyer and you don't know the loopholes or tricks. This isn't about respecting lawyers, it's about recognising that the Law is a game, and only experienced players win.
     
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  6. country_hick

    country_hick Well-Known Member

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    This is pretty much true. I went to a local district court for a traffic ticket where the judge ignored everything including a 25 page affidavit that explained the relevent laws. Being ticked off I appealed to the state supreme judicial court. At the appeal level I have a shot. It has also cost me at least $500 and thousands of hours over a $50 fine to get there without a lawyer. The problem is simple. Judges have zero accountability. Judges can decide everything wrong and be 100% right because there is no way to make a judge rule according to law. If you are lucky the appeals court will rule according to law but in the USA the supreme court now seems to rule 4 to 4 because the one justice who really made the decisions died.

    Although it will not apply in other countries in the USA the ADA can require some accommodations from the court. The court is required to offer clear and effective communications be they orally or in writing. I now have this very issue with the rules of court as a big part of my case as the rules of court are not written so I can properly understand and follow them as I have a verified learning disability. I may win but you would not believe the obstacles that I have come up against. To file suit in federal court against the state for violating my ADA rights requires a lawyer. Not because I do not know the law but because I do not know the system and its procedural rules. Law is easy. Legal procedure is not.
     
  7. Dash Cam Enthusiast

    Dash Cam Enthusiast New Member

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    I never said they were stupid, I made sure of that in the post. Just said they are too busy and can't devote 5 minutes to your case. You have to really work with your lawyer and do your own research. You can't rely on a lawyer to do everything. Plus all of them are not smart and creative, but I don't want to go there. Unless you have a lot of money to spend, you really won't get the best. The best lawyers also don't go into personal injury law, so you are probably getting the worst lawyers in personal injury cases.

    My biggest problem with lawyers is that they don't want to spend any time on your case, they just want to get your money and do the little amount of work as possible. Gets me so mad when I see it. They also lie about their fee, and you have to be very careful about reading the fine print when you hire a lawyer. Jeez, gets me so mad when I think about the lawyers I hired.

    I once had a lawyer who forgot to show for court for a traffic ticket, and I got in big trouble for that, again gets me mad when I think of lawyers.

    The good lawyers are probably earning the big bucks in large corporations.
     
  8. Dash Cam Enthusiast

    Dash Cam Enthusiast New Member

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    I know it may seem stupid to post about this here, but I really said nothing that would ever link this with my case. Even if they found it I really said nothing conclusive.

    You see, my reason for doing this is I am bouncing ideas off of you people on how best to present my case. You guys would be like your average Jury. If I think you are considering me a reckless rider because I said the defense my try and argue that, I will try and best present my case and evidence to show how I am not reckless.

    Once I brought up a doughnut, although could be very harmless in a huge parking lot, you already found me guilty... So it is best to take stuff like this into careful consideration.

    I do this many times to generate ideas and new thought, with things not even related to law. If I just tried to figure everything out on my own I don't know if I would be as effective, I always found bouncing ideas off of people to always be very helpful. I guess that is why I'm doing it in this case also, although maybe there is a chance it will come and hurt me.

    Just so you know, it will be clear in court that even if I did something stupid in the past, it does not warrant someone to inflict harm on someone else. There are cases where the police were chasing motorcycles and hit them, they were able to sue the police for a lot of money.

    In court they will make it clear that if the other person caused the accident, then he is guilty even if he had a reason to do it other than the fact that he was stopping me from committing a felony or something like that. If I did something stupid in the past, then give me a traffic ticket, reckless driving, don't inflict major physical damage on me.

    My lawyer likes to put it this way, if someone throws rocks at your house every day, and you go chase him down and he gets hurt. Your guilty. You have a duty of care when chasing someone.
     
    Last edited: Sep 12, 2016
  9. country_hick

    country_hick Well-Known Member

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  10. Limeybastard

    Limeybastard Active Member

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    Just tell them you don't have any footage. What they ask you and what you voluntarily supply can be incriminating. ;-)

    Sent from my SM-G928T
     
  11. RecycledElectrons

    RecycledElectrons New Member

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    If I understand correctly, he wants your videos for the month of the wreck? He's messing with you to stress you out.

    The correct response is that you have not kept those videos. Your dash cam records over the old videos in a loop, and you only kept the relevant videos. Legally he can not demand evidence that does not exist.

    If he is asking you to record a month's worth of driving (going forward) and turn it over to him, I don't think that's legal. That would cost you a lot of money to keep all those videos. I might ask him to pay for enough memory cards to fulfill his request (say a 128GB uSD card for every trip) and obviously he will not provide them.
     
  12. RecycledElectrons

    RecycledElectrons New Member

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    Why not?

    1. It takes a lot of time, and costs a lot of money.
    2. It's stressful.
    3. Lawyers will pound on something that is absolutely innocent and the judge may go with the liar (that's an alternate spelling of lawyer.)

    The lawyer (liar) made a silly demand. Either ignore it or make a silly demand in response.
     
  13. Dashmellow

    Dashmellow Well-Known Member

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    My original post was a really a bit tongue in cheek, but:

    1. Why does sending the opposing lawyer a lot of video files cost a lot of money? Memory is cheap nowadays. The whole thing could be copied to a relatively cheap HD or two if need be. Depending on the magnitude of the lawsuit it may be worth the money and your attorney could stipulate that the drives are to be returned after the opposing side has the opportunity to transfer the video to their own storage. If it should indeed cost anyone it will be your opponent who has to pay his attorney to review 600 hours worth of mundane traffic video.

    2. It's more likely the be stressful to your opponent and his attorney.

    3. Let the opposing lawyer pound all he wants on immaterial, irrelevant distractions that this lawyer stupidly wished upon himself. He may well really regret requesting all these hours of video, assuming you actually do call his bluff.
     
    Last edited: Nov 15, 2016
  14. country_hick

    country_hick Well-Known Member

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    Memory is not cheap. While no longer super expensive several tb of memory cards gets expensive. My income is low enough that wasting $200 hurts.

    All all dash cam videos were overwritten no evidence exists per design of the cam.
     
  15. Dashmellow

    Dashmellow Well-Known Member

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    Memoru
    Memory of all types are cheaper per megabyte/terabyte than EVER in the entire course of computer history!

    You can buy a 2 Terabyte name brand hard drive from a reliable USA vendor for $49.95!

    You can buy a high quality 32 GB microSD card for $9.99 and for a lot less if you are patient and wait for a better deal.

    You can buy a 64 GB microSDXC from Samsung for 20 only bucks.

    Nobody with any common sense would buy terabytes worth of separate memory cards for a dash cam to preserve video for archiving. Most people would archive to double layer DVD or a Hard Drive.
     
    Last edited: Nov 15, 2016
  16. SawMaster

    SawMaster Well-Known Member

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    When you give me the money (no strings attached) I'll order me one. Right now $50 is a significant sum to me- I have other needs more important than memory and it would rank about 15th on the list of $50 items I need.

    I save only the pics and vids I want to save- the rest are overwritten by the cam or are simply not saved. If they want something I have, I'll send it through my lawyer. If they want anything else they can bear the entire cost of that including 2X my normal hourly wage rate (once for the time I'm wasting on them, and twice for the jobs I couldn't do because of their meddling).

    And I don't speak with anyone but the investigating Officer, my insurance agent, and my lawyer so route your communications through one of them if you want a response from me before we go to court :p

    Phil
     
  17. Dashmellow

    Dashmellow Well-Known Member

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    Whether one can afford it or not 50 bucks for a 2 Terabyte 7200 rpm 64GB cache SATA hard drive is a bargain.
     
  18. SawMaster

    SawMaster Well-Known Member

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    Meh- I spent that money on a pair of shock absorbers for the front of my van :p A far better return on my investment as now the bumps in the road won't be sending me to the dentist as often :cool:

    Phil
     
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  19. Dashmellow

    Dashmellow Well-Known Member

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    And your dash cam videos should be sharper too! :)
     
  20. gngan

    gngan Member

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    All you have to say is you don't have the footage because you don't keep all footage. It is THEIR job to find proof. It is THEIR job to show that you were reckless before (i.e. if you really are/were). You don't need to give any example. All you have to do is to explain what happened that day. That's the whole point of this case.

    If the lawyer said anything about your previous reckless then just tell him how it affect what happened that day.
     

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