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lwpat, Attorney
Category: Legal
Satisfied Customers: 25386
Experience:  Actively practicing trial attorney
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I have been subpoenaed (State of VA) to an attorneys office

Customer Question

I have been subpoenaed (State of VA) to an attorney's office to present all specific client files, leaving nothing out.

The Father's Attorney sent me the subpoena. The father shares legal custody of his children w/ the mother.

The court has ordered no visitation by the father until the children have seen a counselor. The cl father did not seek counseling for the children.

I am seeing the children per mother's request in response to the court order that the children are seen by a licensed professional counselor. I did not receive the father's authorization to see the children.

What if any records do I disclose to the father? My understanding is that I turn nothing over to the attorney and that there must be a specific court order for my documents be turned over to the court only.
Submitted: 6 years ago.
Category: Legal
Expert:  lwpat replied 6 years ago.
You would need to file a motion in the court to quash the subpoena. This should be done by the mother's attorney or either your attorney. Then the judge will decide what records have to be turned over.
6.3 Motion to Quash

The person subpoenaed may file with the court a motion to quash the subpoena. Quashing the subpoena relieves the person of the obligation to appear or produce documents.

A motion to quash a subpoena must be made at or before the time specified in the subpoena for compliance. If the motion is made in writing, a copy must be served on the person who requested the subpoena in the manner provided for service of pleadings and other papers. A hearing is normally held on this motion, after notice to the person subpoenaed and the party who requested the subpoena.

The judge may quash or modify a subpoena under any of the following circumstances:

  • The subpoena is unreasonable or oppressive, e.g. all the records of a business are subpoenaed instead of only those records relevant to the case.
    • For subpoenas to produce documentary evidence, the judge may require the person who requested the subpoena to pay the reasonable costs of producing the specified materials.
  • The subpoena was improperly issued, e.g. the subpoena fails to specify the time of appearance or the documents to be produced.
  • The subpoena requires disclosure of privileged or other protected matter and no exception or waiver applies.
Customer: replied 6 years ago.
I am planning at this point to see the Attorney, my understanding is that I am unable to disclose any information regarding any of the said clients information b/c this attorney is not the attorney of said clients.
Expert:  lwpat replied 6 years ago.
What files you have to produce is something that the judge will decide. Your attorney will make the argument to the court.

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