Legal Question in Family Law in California
Child Lawyers and the Attorney Client Privlage
What does the law say concerning att. client privalege and knowing that the child is being abused? Does a lawyer have to report the abuse if told in confidence by the child or does the law protect them in this case? I have a nephew who's lawyer knows he is being abused and refuses to tell the police or Child Services even though my nephew has told him to do so. My nephew has even said he wanted to testify in court and his lawyer refuses to allow it. Saying its att./client privalege. What can we do to get him to testify and for this lawyer to not be allowed to hide what he knows is physical, mental, sexual and emotional abuse? This has been in and out of court for seven years now and we are at a loss.We even have videotapes showing my nephew talking about the abuse and that he has told the lawyer this and that the lawyer said he wont help him.The lawyer was dismissed and then re-added to the case and continues to threaten my nephew with never seeing his family again if he doesnt say what he wants him to. Any help or advice you can give would be greatly apppreciated. Thank you.
2 Answers from Attorneys
Re: Child Lawyers and the Attorney Client Privlage
An attorney is not a mandatory reporter. You may call the authorites yourself or the child may report it to a school counselor or the pastor of a church. They are both mandatory reporters and will report the abuse to authorities. Good Luck, Pat McCrary
Re: Child Lawyers and the Attorney Client Privlage
There is a very narrow exception to the attorney client privilege that allows an attorney to disclose certain information. However, even if the exception applies, under the exception the attorney MAY disclose certain information, but the attorney is under NO OBLIGATION to do so.
Additionally, if your nephew has revealed this information to you, then he has waived his attorney client privilege at least with respect to you on this issue. You as his aunt/uncle are in just as good if not a better position to report the abuse to the proper authorities.
Do not expect your nephew's attorney to make this call.
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