Legal Question in Family Law in California

Attorney and mediation

Can a court appointed attorney from probate court (representing a minor in a guardianship case) give testamony/information seperately during mediation between mother and grandmother in family court.


Asked on 12/09/05, 2:27 pm

1 Answer from Attorneys

Steven Stout Steven A. Stout, Attorney at Law

Re: Attorney and mediation

Of course. Anyone can be required to testify. What the lawyer cannot do is reveal information received from his/her client, the minor: that information is subject to the attorney/client privelege. I suspect you are uncomfortable about his/her observations about the families interactions with the minor. The attorney not only has a right to provide this he/she has a duty to do so. His/her job is to give the court as much information as possible to enable the judge to decide what is best for the minor, not what will make other members of the family happy.

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Answered on 12/10/05, 2:26 pm


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