Legal Corner

A HUGE mistake
jdtelstar 3 Reviews 16094 reads
posted

I was a crim defense atty for 20 years until I retired a coouple years ago.  I represented several providers on the East Coast.

Reviews are not permitted in court as they are hearsay.  However, if a provider "adopts" the reviews and, in effect, claims that they are true, she absolutely waives her hearsay objection.  I am personally aware of 5 cases where the court so ruled.

One ploy is to ask a girl in an email, or in person, if reviews about her are accurate.  If she says "yes" then she adopts what is said as the truth

squeeky18123 reads

I had posted this on the general board last week but was advised to post it here as well.

I have noticed that many providers either post their reviews or, at least, refer to the reviewing site (TER, TBD, etc.)on their own websites.  As a hobbyist, I can appreciate a provider's wanting to use a review as an "advertisement" on her site. It seems to me, however, that any LE scanning a provider's website could make a pretty solid case with the explicit reviews so blatantly presented.  Any thoughts?

I agree.  I think there is a big difference between disassociating oneself with reviews, which a provider could later deny and claim are fiction, versus acknowledging and embracing them on her own website.  I would advise providers against this practice.

On the other hand, if faced with the evidence, they could make the claim that they are not VIP members and had "no idea" that the juicy details were so explicit and false.

-- Modified on 2/22/2003 1:44:08 AM

I was a crim defense atty for 20 years until I retired a coouple years ago.  I represented several providers on the East Coast.

Reviews are not permitted in court as they are hearsay.  However, if a provider "adopts" the reviews and, in effect, claims that they are true, she absolutely waives her hearsay objection.  I am personally aware of 5 cases where the court so ruled.

One ploy is to ask a girl in an email, or in person, if reviews about her are accurate.  If she says "yes" then she adopts what is said as the truth

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