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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 34244
Experience:  Attorney with 16 years experience
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My son is going through a divorce. on going for two and a half

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My son is going through a divorce. on going for two and a half yrs. His lawyer received a subpoena from his wife's attn. for a disposition at her office. Problem being my sons attorney is on vac. secretary requested he postpone to a later date. he refused. does my son still have to go without his legal counsel, also has not been prepared for this. This is not a court ordered at this time but I would say if its a subpoena it is still a form of that. Is there repercussions for not going? Thank you
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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does my son still have to go without his legal counsel
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No, he has a legal right to have his attorney present for any deposition to ensure that his rights are protected and the opposing counsel doesn't trick him into anything. The other side's attorney should have contacted his attorney to find out what his attorney's schedule was and worked around it.
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Their failure to do so wouldn't give them grounds to compel son to appear without the benefit of counsel.
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So he can simply tell them no, he won't appear without his attorney being present and there is nothing realistically that they can do about it. They could threaten to file a motion for contempt, but no judge in the world would hold someone in contempt for exercising their right to be represented by their attorney.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

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