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RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 13669
Experience:  Experienced in multiple areas of the law.
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A supboena I received JA: Thanks. Can you give me any more

Customer Question

A supboena I received
JA: Thanks. Can you give me any more details about your issue?
Customer: Yes I'm an LPC and was subpoenaed for a custody case I released case notes because a release was signed but the attorney is requesting email correspondence from the opposing party I can not release with no signed release. And the atty is threatening contempt of court
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Submitted: 1 year ago.
Category: Legal
Expert:  RobertJDFL replied 1 year ago.
Thank you for using Just Answer. I look forward to assisting you. Only a judge, not the attorney, can find you in contempt of court. And to do so, there would have to be a voluntary refusal to cooperate or to disobey a court order (for example, a parent who cannot pay child support because they lost their job and became homeless is unlikely to be found in contempt for non-payment because their lack of paying isn't a voluntary refusal). I am working under the premise that in your profession, you have confidentiality requirements and therefore this is an issue that you are willing to turn over the materials if you could get a signed release? If that is the case, I would first try to contact the lawyer who sent you the subpoena and explain what it is you need in order to provide what is being asked, as you may be able to reach a resolution. Failing that, you can go to court on the date stated on the subpoena and tell the court exactly that -that you are not trying to ignore a court order, but rather are following the regulations of your profession. My opinion is that a court won't find you in contempt under those circumstances.If you need clarification or additional information, please reply, and I'm happy to assist you further. Thank you.
Customer: replied 1 year ago.
I have tried to modify the supboena with the attorney because I do not have email correspondence from the opposing party (ex husband ) anymore. Sessions date back to June 2014 and I also do not have a signed release from ex husband, and correspondence is deemed confidential in my profession. I can not even confirm or deny we have spoke. There is no court date set so I can't go to court, and the attorney is not budging on the modification. Are they any other consequences that I could face?
Customer: replied 1 year ago.
Based on this, is filing a motion to quash needed?
Expert:  RobertJDFL replied 1 year ago.
Contempt of court would be the consequence if you were found to be intentionally violating the order. I think given that you cannot disclose the information because it is privileged, and you are being pressured to do so, yes, a motion to quash is very appropriate in this circumstance.

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