The initial action was for the purpose of obtaining a Permanent Restraining Order. Rule 45 governing subpoena in Washington State requires that every subpoena shall "state the name of the court from which it is issued." The attorney for the other party subpoenaed a therapist for documents for which the therapist obliged by. The subpoena appears to have been used as a mean of entrapping the therapist to the legitimacy of the subpoena.
To answer the first question, the response is Yes.
To answer the second question, I am asking what actions I can take as the patient of such documents which were released, and to hold the attorney accountable for the damage caused to patient as a consequence of improper serving of subpoena.
The hearing never took place as scheduled due to attorney for party in dispute having dismissed the case. However, the attorney used the documents regardless of initial intent in future proceedings not related to the restraining order as a means to undermine the credibility of patient and thus further traumatize the patient.
The new litigation involved a breach of contract.
The documents obtained were admitted regardless of argument to dismiss the case on the basis of improper subpoena.
The subpoena was issued for the purposes of obtaining a PRO, which the party seeking it had dismissed the case.
After the dismissal of the PRO case, attorney for client used the documents obtain from the subpoena in both arbitration proceedings and in Superior Court as a means to illustrate to the arbitrator and the court that patient in therapist documents is mentally ill.
My question remains in knowing wether there is any actions that can be taken agains the attorney for invalid subpoena and for the introduction of subpoena content.
In may opinion, it has mislead the court of his fact finding information and thus damaged the case of patient in favor of attorney and client.
The patient is not disputing the contents within the documents. The patient is however, disputing the content in the presents of the attorney and any other, that attorney had issued as a consequence of invalid subpoena.
All litigation matters are closed, however, the documents related to the subpoena are now of public record.
One last thing which will complete our session.
Is there any actions that can be taken against the law office for obtaining privileged information illegally, regardless of the outcome of any legal proceeding and its introduction?
Thank you and I will leave feedback.
I need one more clarification, which is that the subpoena was never issued by a court of competent jurisdiction. The attorney simply composed the subpoena and served it directly to the therapist without proposal request from the court. My contention is that the subpoena was illegally served. I am not disputing their right to subpoena, I am merely stating and disputing that the subpoena was not legally issued by a court of competent jurisdiction. Under the ground provided, is there any legal ramifications that the attorney can be held accountable too, if so, what title might one put in their pleading.
Thank you for all the help that you have provided me with and will provide feedback accordingly.
What I mean by "proposal request" is that upon the construction of the subpoena, an attorney is required a court competent jurisdiction approval. I am using proposal request simply because Rule 45 (1)(A). It requires the name of the court from which it is issued. No court approved the subpoena.
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