On Wed, 21 Jul 1999 16:18:59 EDT,SCMuseum wrote:

>I work for a private non-profit museum, which has in its collections
>numerous photographs of chemical and other industrial sites in the area.  As
>a result, we have had requests for collection access from lawyers, et. al.
>in search of litigation material.  Is there any established precedent in the
>handling of requests of this sort?  Any information is most appreciated.
>You can reply to the list or off-list to [log in to unmask]
>

        Like one other responder, I do not have any experience with such a
request.  But as a trustee of an art museum,  I have a gut feeling that
complying to the request could possibly lead to problems for the museum.  It
sounds like some of our numerous and enterprising lawyers are on a fishing
expedition aimed at a class action suit against a factory or an industry.  If
there is a legitimate case of alleged wrongdoing, the lawyers can get a court
order for the material.  But if it is a just fishing for a case, I would say no.

        One of my reasons to say no, is that  old photos could well show things
that by today's standards and laws, would be wrong, but by the standards of the
time were not.    To cite a somewhat silly example, I remember the outhouse on
my grandparents farm was just 30 feet behind the house and the pump at the side
of the house.  Wrong?  of course it is wrong and even illegal today, but decades
ago, it was common practice.   

In the first instance, I suggest you get a written explanation from the lawyers
as to why they want the photos.   If for a fishing trip, beware.  For all you
know, if you complied and the lawyers used them in court and lost, you could
find yourself as a defendant of a liable suit.  

John Bing 

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