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If an attorney refuses to accept service for a contempt order.

Resolved Question:

If an attorney refuses to accept service for a contempt order. Is that considered hindering the judicial process. Her client is unable to be located at present time.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Roger replied 1 year ago.
Hi - thanks for requesting me!

Generally, it is not considered hindering the judicial process if the attorney refuses service for a contempt order. IN FACT, the attorney could only accept service IF his/her client directed him to do so. Thus, unless the lawyer's client approved him/her to accept process, then the lawyer legally could not accept process.
Customer: replied 1 year ago.


Understood.


 


Then how can one serve papers on an individual that refuses to be located and has instructed the Attorney not to receive contempt orders?

Expert:  Roger replied 1 year ago.
The person must be found. It's likely that the attorney purposefully doesn't know so he can't be implicated as obstructing justice. You could file a motion to compel the attorney to identify the whereabouts of the client and subpoena the attorney to testify whether he knows where the client is.

The attorney can refuse to divulge this information UNLESS a court ORDERS him to do so.
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 27244
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 8 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Here's the complex situation concerning the attorney.


 


Last week this attorney attempted to have a hearing without the presence of my lawyer. The judge postponed the hearing. She then asked the Court to order me to divulge my current address to allegedly assist in being served papers. I argued that I would / as I have been compliant with the Marshall contacting me and me receiving papers in person. The judge agreed.


 


There is a potential that an warrant for her arrest is being processed and for other matters. I filed a contempt for parental interference which is the motion that her attorney refuses to accept.


 


This same attorney was informed by her client that she had no intent on obeying 4 court orders of producing our children for visitation. The attorney and the GAL have omitted this information from the Court.


Expert:  Roger replied 1 year ago.
The judge can't compel the attorney to accept process on behalf of his client, but the judge can order the attorney to disclose the whereabouts of the person.

A court order is required because a client's location is generally considered privileged UNLESS a court orders this information to be disclosed.
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 27244
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 8 other Criminal Law Specialists are ready to help you

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