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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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In Oct. 2015, I hired a private consultant to assess my 94-yr-old

Customer Question

In Oct. 2015, I hired a private consultant to assess my 94-yr-old Alzheimer's demented mother for the purposes of customizing a continuing education program for me as the primary caregiver to my mother. I privately paid for the nearly $1,000 assessment and write up. I asked the consultant if she would keep the assessment confidential and private, never sharing with anyone but me. My mother's conservator and guardian at that time agreed to the assessment, especially since I was paying for it, and never asked to see it. I asked the consultant to check with her legal counsel for any problems with keeping the assessment confidential. The consultant said she would, but never followed up with me as to her legal status for confidentiality.
Now I've learned that the consultant has shared the results of my mother's assessment with her new guardian, appointed in Jan. 2016 without consulting me or gaining my permission to do so. She just handed over the results. The consultant is fully aware that I am in a legal battle with the new guardian which greatly influences my access to my mother. The guardian has slapped a restraining order on me for alleged and unsubstantiated elder abuse. That hearing is scheduled for Apr 25, 2016. The guardian herself has just been investigated by Oregon Adult Protective Services for elder abusing my mother.
Can I sue the consultant for breach of confidentiality? And/or can I sue her to refund my money since she is sharing the results without my permission? This was for my customized education program only. She was not subpoenaed to do so. The consultant has been hired by the new guardian as the supervisor for the purposed supervised visits as described in the restraining order for me to reconnect with my mom. She will earn $90/hr for an hour visit and the ensuing report to the guardian about the visit, essentially earning between $150-200/weekly visit.
How do I go about suing her without an attorney? How with an attorney, and what specialty should the attorney have that I hire? Thank you for your advice. Melissa Schuler
Submitted: 6 months ago.
Category: Legal
Expert:  Dwayne B. replied 6 months ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. If you are suing on your own behalf and not as guardian of your mother or anything like that then you can bring the lawsuit yourself although it is going to be a little difficult and you'd be better off hiring an attorney. It's a safe assumption that the consultant is going to hire an attorney and so you will be up against an attorney and the concept sin this case are going to be a little difficult to explain. I'm not sure what you mean by "how do I go about suing her without an attorney". I will put the steps involved in a lawsuit below if that is what you're asking. If not, please clarify. As to what kind of attorney to hire you probably want tone who does Civil Litigation and you can find someone in that are of practice at The process of a lawsuit is essentially the same everywhere, with a few, minor procedural differences.A lawsuit generally follows this process:1) File the petition in the court with jurisdiction and venue. The court with jurisdiction and venue is usually where the defendant resides or has their place of business. You also have to look at the amount you intend to sue for to determine what court is correct2) When you file the petition with the clerk of courts you will pay the filing fee and also ask for citation to be issued and service to be done. The clerk doesn't serve the papers so ask them if you have to take them to the sheriff's office for service or if they will do it. Just follow their directions as to that.3) The sheriff will serve the defendant with the lawsuit.4) The defendant will file their answer.5) You can then do some discovery if necessary but you will need to check with the clerk and ask if your court allows discovery. Some small claims courts do not.6) After that the next step is to set the case for trial.7) During the trial you introduce your evidence and they introduce theirs.8) The judge renders a judgment and a written order is entered.That is the basic process of a lawsuit.If you are going to represent yourself you may want to pick up a good book on doing so. I always recommend the one at this site since it is both inexpensive and very good.
Expert:  Dwayne B. replied 6 months ago.

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