Suggestion Legal Forum

[ScubaDocER]

I was reading a post by Peter Guy today that got me to thinking. He commented on the amount of misinformation that exists about legal issues concerning diving. Is there an interest in creating a Legal Forum that would address the plethora of legal questions related to diving that seem to appear on the Board? Some questions get asked over and over and I did not know if the legal folks on SB would be willing to help moderate it or at least make sure it's moving in the right direction. We have a Medical Forum here, why not a Legal Forum. What say yee?

 

[rigdiver]

I think it's an excellent idea. But, we would need to have legal professionals and they are the type that don't really donate knowledge for free. Ideally some legal eagles from insurance co's. They could really spread some light on the what went wrong, how to avoid type incidents.
In my limited dealings with them it's been said "Do not discuss it." So, I can see their reluctance to participate.

 

[RJP]

I wonder if ANY attorneys would like this.

Of course not - attorney's don't like ANYTHING!



Work with many attornies on a daily basis for the past 20+ years and have never ever heard one say "Hey, that's a great idea...you should go ahead and do it!"

 

[mike_s]

I was reading a post by Peter Guy today that got me to thinking. He commented on the amount of misinformation that exists about legal issues concerning diving. Is there an interest in creating a Legal Forum that would address the plethora of legal questions related to diving that seem to appear on the Board? Some questions get asked over and over and I did not know if the legal folks on SB would be willing to help moderate it or at least make sure it's moving in the right direction. We have a Medical Forum here, why not a Legal Forum. What say yee?

there is already a huge amount of incorrect legal information on here already.... I fear that a legal forum will just add to that...

I wonder if ANY attorneys would like this. Good questions.

The problem is, that some attorneys are the ones giving the poor legal advice. So this doesn't fix the problem.

 

[Web Monkey]

The problem is, that some attorneys are the ones giving the poor legal advice. So this doesn't fix the problem.

The forum sounds cool, and I have no doubt that some attorneys would participate, however I'm not sure how useful it would be, since laws change when crossing borders. An answer that's perfect in New York might be completely invalid in Ohio or Canada or Europe, Asia, etc.

That said, it's only a small chunk of disk space and network bandwidth, so I don't really see a reason to not do it.

Terry

 

[mike_s]

so I don't really see a reason to not do it.

I agree with you that it would be only a small chunk of bandwidth... but I still think it would be nothing but a forum of mis-information. (regardless of differences in state laws).


We've had several recent examples that prove that.....

 

[Docc]

Of course not - attorney's don't like ANYTHING! "

My attorneys seem to like it when I send them money.

 

[livinoz]

Then why not set up a panel of "legal" experts like we do for the medical forums? We have ItsBruce, and Under-Exposed who are practicing lawyers/attorneys/barristers in the US and Australia and who give good and sensible legal opinions. I'm also sure there must be others who can oversee such a forum, including Ken Kurtis who acts as an expert witness in diving fatalities. It could possibly help stop the dissemination of incorrect legal information. Just an idea.

 

[hypertech]

<--- Attorney

The problem is that laws very from state to state and certainly from country to country. Add that to the fact that most are only licensed to give advice in one state and the complications that arise when someone thinks they are a client by virtue of reading a post you made, and it gets very complicated.

You may get come people to sign up to do it, but I don't think there would be that many. It just isn't worth the liability risk to say "yeah, thats OK" only to find out their circumstances aren't really well described in what they posted and there is some archiac law/ruling on the books in their local jurisdiction where it isn't OK.

If there are common questions, I could maybe see a sticky with some very generic information about those situations though. That you might get people to sign up for.

 

[ScubaDocER]

Then why not set up a panel of "legal" experts like we do for the medical forums? We have ItsBruce, and Under-Exposed who are practicing lawyers/attorneys/barristers in the US and Australia and who give good and sensible legal opinions. I'm also sure there must be others who can oversee such a forum, including Ken Kurtis who acts as an expert witness in diving fatalities. It could possibly help stop the dissemination of incorrect legal information. Just an idea.

That's essentially what a Legal Forum would accomplish I believe. What I learned in the Medical Forum is that there are Pulmonologists, Trauma Surgeons, Oncologists, Emergency Medicine Physicians, Hyperbaric Specialists, etc., who have chosen to participate in the discussions. Mostly to answer diving related questions and help to separate fact from fiction. All of these specialists have something to contribute and I think have been extremely helpful to a number of divers.

My hope is that since there are many different views and opinions on what is or is not a legal standing, opinion, or fact, that we can tap into the wealth of legal knowledge that already exists on SB. The same way we do in the Medical Forum. Again, I appreciate that what may hold legal muster in Texas may not in New York, it is also possible that there is a legal mind on SB that may present helpful information to those with questions. In the end it is simply a forum. A place for people with experience in a given area to share the benefits of that experience with those who seek it. Without the participation of those in the legal profession it is pointless to attempt. I still hope to hear from anyone in that area as to what they think or feel regarding this topic.

 

[ScubaDocER]

<--- Attorney

The problem is that laws very from state to state and certainly from country to country. Add that to the fact that most are only licensed to give advice in one state and the complications that arise when someone thinks they are a client by virtue of reading a post you made, and it gets very complicated.

You may get come people to sign up to do it, but I don't think there would be that many. It just isn't worth the liability risk to say "yeah, thats OK" only to find out their circumstances aren't really well described in what they posted and there is some archiac law/ruling on the books in their local jurisdiction where it isn't OK.

If there are common questions, I could maybe see a sticky with some very generic information about those situations though. That you might get people to sign up for.

Hyper,

The folks in the Medical Forum have discussed that very same concept. If you give advice to someone, are you liable for it. You're probably more competent to answer that question. There is a disclaimer at the top of the Medical Forum. The docs there often temper there responses with a comment that they should seek advice from there primary doctor. Is that enough? It's these questions that might be better answered in a Legal Forum

Is there a way to legally construct the forum so that attorneys would feel comfortable participating?