Attorney-Client Privilege in Child Custody…
What is the Attorney-Client Privilege in #ChildCustody cases and where does it come from?
We’ve all heard that honesty is the best policy. You have to be honest with your doctor and counselors to get the treatment you need. You also have to be honest with your #ChildCustody lawyers to get the advice and advocacy you need to be effective for your family.
Rule 502(b) of Ala. Rules of Evidence reflects the fundamental principle: General rule of privilege – A client has a privilege to refuse to disclose and to prevent any other person from disclosing a confidential communication made for the purpose of facilitating the rendition of professional legal services to the client, (1) between the client or a representative of the client and the client’s attorney or a representative of the attorney, or (2) between the attorney and a representative of the attorney, (3) by the client or a representative of the client or the client’s attorney or a representative of the attorney to an attorney or a representative of an attorney representing another party concerning a matter of common interest, (4) between representatives of the client and between the client and a representative of the client resulting from the specific request of, or at the express direction of, an attorney, or (5) among attorneys and their representatives representing the same client.
In your #ChildCustody case, speak with your lawyer before speaking with anyone — the Other Side, the Court and especially DHR. You can be polite and respectful about it, like “thanks for reaching out on this; let me get with my lawyer and follow up.” Get with your lawyer and get the relevant information out on the table in a confidential, protected environment then come up with a game plan on how to execute next.
This article contains general information and should not be construed as legal advice for you and or your unique situation. If you would like to speak more about how you, as a Committed Parent or Caring Relative, can be more effective in your Child Custody case, please visit www.ThinkFoxtrot.com/public_calendars/ to schedule your initial consultation at one of our offices. ~SW, Foxtrot