Legal Question in Family Law in Nevada
I had a court appearance in family court in Nevada, my attorney did not tell me I had a court appearance and so I missed a very important hearing, it had to do with my child custody and visitation. I did not find out until I went to pick up my children for my visit on the following Sunday, which was court ordered and that I had been followings for two months. The Court hearing was the Tuesday before my visit on Sunday.
When I found out about the court hearing that Sunday after, my aunt and mother drove from the bay area and stopped at the court and obtained a copy of the minute order (I had to work and could not obtain the court info myself) I found out the judge reiterated to my attorney that the court was dis-pleased with my non appearance and to reiterate this to the client (me).
I e-mailed my attorney after I found out what happened and she told me it was a miscommunication and left it at that. I then e-mailed my attorney and told her I had a copy of the minute order from that court hearing and what the court said about me, asking her if I was in trouble. She never e-mailed me back or even called me.
I am a Sheriff in Carson City, if my department found out I missed a scheduled court hearing, it could mean my job. So I sent a letter to the Judge telling him I was never told of the hearing by phone, by e-mail or even a call to my job regarding this hearing. Now my attorney is mad and said I violated Attorney/Client privilege. Please tell me, what was I supposed to do, get in trouble and maybe lose my job or protect myself?
1 Answer from Attorneys
I do not believe that you could lose your job based upon your failure to appear at a civil/family court hearing.
Usually, court appearances that are mandatory for law enforcement personnel are for criminal cases or civil cases wherein you have been subpoenaed. In this case, this was a non work related court appearance so your superiors should not have an interest in it.
However, if you are obligated to pay child support and you fail to do so, in your circumstances, it might affect your job.
With respect to the attorney/client privilege issue, the privilege belongs to you the client. Should you decide to reveal what was discussed between you and your attorney or not discussed--that is up to you, You as the client, can chose to break the privlege.
I am very sorry that you missed your court hearing and hope that ultimately it did not adversely affect the outcome.
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