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Jonathan Vos Post  86
03-07-2006 10:44 PM ET (US)
I can't give details, due to confidentiality, but...

An attorney for whom I sometimes do paralegal work was in court last week when a judge ordered the client to write his driver's license number on a certain court document, which already had his name, phone number, and snailmail address. The attorney protested, saying that this exposed the client to identity theft. The judge insisted that this was his order. The opposing attorney said that this was standard operating procedure in this courtroom for this type of case.

My friend, in the hallway, argued with the opposing counsel, who admitted that she herself had once been the victim of identity theft. After some conversation, she realized that the client was now in the same danger.

The attorney returned to his office, where I proofread and made other suggestions for the letter, which the attorney promptly sent to the judge, and to the Judicial Council, pointing out that this court order was, on the face of it, illegal under California State Law. The letter further insisted that the file on the client be redacted, immediately, so that any member of the public asking to see saiud file (public records!) would not see the driver's license number.

The client was a truck driver. Identity theft involving the driver's license would likely, on detection, create a time period in which the license number would be revoked, the guy would have no license, and would lose his job.

In that case, I pointed out, the client could sue the judge PERSONALLY for acting so far beyond his discretion.

So, even if someone with real power over you asks for data that you know you need not divulge, be sure that you're in contact with an attorney who can act promptly to protect you.
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