BE PRECLUDED FROM RECOVERY BECAUSE OF OUR OPINION. SHOULD WE PREDICT THAT MR. RAUCH DOES HAVE LIABILITY, IT WILL STILL BE UP TO MR. RAUCH AND HIS ATTORNEYS TO DETERMINE WHETHER AND TO WHAT EXTENT SUCH LIABILITY ACTUALLY EXISTS, AND WHAT STEPS SHOULD BE TAKEN TO REDUCE THE RISK.
FOR THE SAME REASONS, WHETHER IT IS LAWFUL FOR A THIRD PERSON TO FISH ON MR. RAUCH'S POND IS A MATTER TO BE PURSUED BY THE DISTRICT ATTORNEY, IF IN A CRIMINAL CONTEXT, AND BY MR. RAUCH AND HIS ATTORNEYS, IN A CIVIL CONTEXT, AS PREDICTIONS OF MR. RAUCH'S RIGHTS AND REMEDIES SHOULD BE MADE BY LEGAL COUNSEL EMPLOYED BY MR. RAUCH FOR THAT PURPOSE. WHILE WE ARE AWARE OF INSTANCES IN WHICH OLDER A.G. OPINIONS ATTEMPT TO ADDRESS THESE ISSUES, IT IS THE LONG STANDING POLICY OF THIS AND MOST PREVIOUS ADMINISTRATIONS NOT TO ISSUE OPINIONS ON QUESTIONS OF CRIMINAL OR CIVIL LIABILITY, AS, FOR THE MOST PART, THEY ARE TOO FACT SPECIFIC, ARE NOT THEREFORE OF STATE-WIDE INTEREST, AND GENERALLY SIMPLY CONSTITUTE LEGAL ADVICE TO A PRIVATE CITIZEN - A PRACTICE WE ARE FORBIDDEN TO UNDERTAKE.
I AM SORRY WE CAN NOT BE OF SERVICE TO YOU ON THIS PARTICULAR MATTER, AND I HOPE AT SOME FUTURE TIME WE WILL HAVE A BETTER OPPORTUNITY TO BE OF ASSISTANCE TO YOU. IF YOU HAVE QUESTIONS CONCERNING ANY OF THE ABOVE, PLEASE FEEL FREE TO CONTACT ME.
(SUSAN BRIMER LOVING)