What To Tell Your Lawyer About Your Invasion of Privacy Case

The more technology intrudes into our lives, the more we realize the value of privacy. Sometimes, you may feel that your privacy has been violated. In some instances, you may have legal rights against the person who invaded your privacy. This page can help you and your attorney determine:

• Whether your legal privacy rights have been injured and whether you can recover for that violation
• Whether you have a strong defense against someone accusing you of such a violation

As you go through this template, you'll learn more about why a lawyer or their paralegal might need this information when they meet with a new client. You'll also learn what will happen with this information and what to expect at the initial consultation with your attorney.

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Attorney Intake Form: Invasion of Privacy

Your lawyer might have you fill out a form requiring you to provide basic information such as:

• Name and address
• Home or work telephone number
• Employer's name and employer's address
• Why you need legal advice about claims for invasions of privacy

Section I: If You Think Your Privacy Has Been Invaded or Compromised

If you're a plaintiff (complainant), an attorney will ask you:

1. Whether somebody has intruded on you by: 
   • Coming into or peering into your home
   • Listening to your private conversations
   • Calling you all the time on the telephone
   • Going through your things
2. Whether you were in a public place or at home at the time of the intrusion
3. A brief description of what happened
4. Whether somebody has revealed something private or embarrassing about you that should have been kept confidential
5. Whether the disclosure was made public, and if so, how and where

Next, depending on the type of invasion of privacy claim, a lawyer will ask you to:

• Describe what was disclosed or the nature of the disclosure, e.g., you'll say someone “revealed my medical records," or “revealed something about my past"
• Explain whether somebody has done something that has conveyed a false impression about you to the public
• Provide a brief description of what has happened
• Explain how, or in what way, this act placed you in a bad light to the public
• Explain whether somebody has used your name or likeness without permission
• Explain how your name or likeness is being used
• Explain whether you gave the person permission to use your name or likeness
• Explain if you withdrew that permission
• Explain if someone has been impersonating you, and if so, what that person has been doing while pretending to be you
• Describe whether the person using your name or likeness is using it to their own profit or advantage
• Describe how long ago the incident(s) occurred; it may be ideal to provide a precise time if you remember

In some cases, a lawyer will want to know if you're working with a doctor in connection with your injuries. If you have medical bills or records, bring them to the initial consultation to help your lawyer determine your damages. Since invasion of privacy is a legal tort (civil wrong that results in harm), providing medical documentation of your injuries can help determine the value of your case.

Section II: If You Are Being Sued

If you're being sued, then you're the defendant. Your lawyer will want to know:

1. If somebody has accused you of: 
   • Going into or peering into their home
   • Eavesdropping
   • Making prank or "hang-up" calls
   • Going through their things or something similar
2. Whether the alleged invasion occurred in a public place and where you were when it occurred
3. A brief description of the accusation

Depending on the type of invasion of privacy you're defending against, an attorney may also ask:

• Has somebody accused you of revealing something private or embarrassing that should have been kept confidential?
• Did you, in fact, reveal something? If so, what were the circumstances, who did you reveal it to, and why?
• Was the disclosure made public?
• What are you accused of disclosing? If applicable, this may include a general description, like “revealed confidential records" or “revealed something about the plaintiff's past."
• Has somebody accused you of doing something that has conveyed a false impression about them to the public?
• What happened? Provide a brief description.
• Has somebody accused you of using their name or likeness without permission?
• In what way does the plaintiff contend you are using their name or likeness?
• Did you have, or once have, the plaintiff's permission to use their name or likeness?
• If you had permission, was it withdrawn?
• Has someone accused you of impersonating them? If so, what does the plaintiff contend you have been doing during the impersonation?
• If you have been using the plaintiff's name or likeness, has there been any profit or advantage to you?
• How long ago did the incident(s) occur? If you remember the precise date, it would be helpful.
• Do you have liability insurance? If so, bring your insurance company information to the meeting with your lawyer.

Whether you're a plaintiff or defendant, preparing general information to these questions will help you prepare for court. If your case goes to court, your lawyer will use this information to draft pleadings (a plaintiff's complaint or a defendant's answer) in your favor.

Depending on the facts of the personal injury claim in question, your lawyer's client intake form or contact form might be different. However, most personal injury attorneys who handle invasion of privacy cases will probably want to know about most of the facts raised here.

Speak With a Personal Injury Lawyer Today

If you've already documented most of the answers to this questionnaire, you might be ready to participate in a personal injury lawsuit. To win or defend against an invasion of privacy claim, consider a client relationship with an attorney who practices personal injury law. Their law office can give you legal advice on all the disclaimers that come with fighting in a personal injury case for invasion of privacy.

Some personal injury attorneys have a fee agreement that gives you the option to pay a contingency fee instead of having to pay money up-front. This means they might not collect money from you until and unless you win an award in court. If you or a loved one are considering hiring a lawyer to help you through the legal system, act before the expiration of your state's statute of limitations. This is a law that requires you to bring your case to court within a specified deadline.