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Can attorney divulge information to adult who was once her client's child?

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redman24

Junior Member
What is the name of your state? TN

I agreed on a parenting plan with the mother of my son (who alienated him against me) with a stipulation for counseling with at counselor both parents agree on, but the counselor quit after only 3 months without even demanding a single session between me and my child.

The reason the counselor quit was because she made an agreement with my son's mother to "play along" for 3 months without demanding a single joint session, then the obligation is over!

What's worse, is son's mother told him there was no such agreement! I don't have proof because I did not have a tape recorder running when the counselor told the deal that the attorney made, and now of course the counselor won't return calls.

If my child turns 18, can he contact the attorney and ask for THE TRUTH from her mother's attorney, against the wishes of the attorney's formal client?

I'm sure the attorney is supposed to act on behalf of her client, however in this case, the child would be 18 and there would be no custody case anymore, so it becomes a MORAL ETHICAL issue where the attorney is the only source of truth

Can the attorney divulge private information to the child on how the attorney acted on behalf of the child's mother who is lying to her own child?
 


Zigner

Senior Member, Non-Attorney
One more thing: It's TERRIBLE that you would even think of putting your child in the middle of a dispute between his parents.
 

zddoodah

Active Member
If my child turns 18, can he contact the attorney and ask for THE TRUTH from her mother's attorney, against the wishes of the attorney's formal client?
If your child turns 18? Are you contemplating that might not happen? In any event, anyone can contact anyone and ask anything. Whether your child's mother's attorney (or former attorney) will answer any particular question that your child might ask is obviously impossible to predict in the abstract.

I'm sure the attorney is supposed to act on behalf of her client, however in this case, the child would be 18 and there would be no custody case anymore, so it becomes a MORAL ETHICAL issue where the attorney is the only source of truth

Can the attorney divulge private information to the child on how the attorney acted on behalf of the child's mother who is lying to her own child?
Morals and ethics are not matters that are regulated by law, except where attorneys are concerned. In Tennessee, attorneys are bound to rules of ethics, which are called Rules of Professional Conduct. Among those rules is that "[a] lawyer should keep in confidence information relating to representation of a client except so far as disclosure is required or permitted by the Rules of Professional Conduct or other law."
 

quincy

Senior Member
What is the name of your state? TN

I agreed on a parenting plan with the mother of my son (who alienated him against me) with a stipulation for counseling with at counselor both parents agree on, but the counselor quit after only 3 months without even demanding a single session between me and my child.

The reason the counselor quit was because she made an agreement with my son's mother to "play along" for 3 months without demanding a single joint session, then the obligation is over!

What's worse, is son's mother told him there was no such agreement! I don't have proof because I did not have a tape recorder running when the counselor told the deal that the attorney made, and now of course the counselor won't return calls.

If my child turns 18, can he contact the attorney and ask for THE TRUTH from her mother's attorney, against the wishes of the attorney's formal client?

I'm sure the attorney is supposed to act on behalf of her client, however in this case, the child would be 18 and there would be no custody case anymore, so it becomes a MORAL ETHICAL issue where the attorney is the only source of truth

Can the attorney divulge private information to the child on how the attorney acted on behalf of the child's mother who is lying to her own child?
Your son can discuss any questions he might have with his mother. The attorney is prohibited from disclosing his client’s legal affairs without direct permission from the client.
 

cbg

I'm a Northern Girl
Just curious.

In ANY of his multiple threads on the subject,has the OP provided even a modicum of evidence to support his claim that his ex "paid the therapist off"?
 

Taxing Matters

Overtaxed Member
Can the attorney divulge private information to the child on how the attorney acted on behalf of the child's mother who is lying to her own child?
No. The rules that govern the practice of law impose a duty of confidentiality on the attorney, and that duty prevents the attorney from disclosing the confidential information he/she obtained during the course of representing the client.
 

quincy

Senior Member
In 2017, when the son was 14, redman24 was here asking if he could voluntarily sign away his parental rights.

redman24 later wanted to end child support payments because his son wouldn’t visit.

Then redman24 wanted to know if he could sue a therapist for malpractice for not arranging a meeting between his son and himself.

The son is very very close to age 18 now. I think it might be time for redman24 to let his son take the next steps. If the son wants questions answered, he can ask his mother or redman24. If the son wants reunification with redman24, the son can seek out his dad on his own.

It seems unlikely that courts will get involved at this late stage - except perhaps to pursue redman24 for child support arrearages. redman24 apparently stopped paying child support in August, 2020, on an oral promise by ex-wife to pay off the arrearage herself if redman24 stopped all court actions.
 
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zddoodah

Active Member
In ANY of his multiple threads on the subject,has the OP provided even a modicum of evidence to support his claim that his ex "paid the therapist off"?
I can't speak to any other thread, but such "evidence" would not be relevant to this thread. Nor would there be any point in doing so.
 

quincy

Senior Member
I can't speak to any other thread, but such "evidence" would not be relevant to this thread. Nor would there be any point in doing so.
It appears that redman24 has been trying to justify his inaction (on enforcing his court-ordered visitation rights, in establishing a relationship with his son), and it appears that redman24 has been trying to justify his wish to give up parental rights and to stop child support payments, by placing all blame on his ex-wife.

All of redman24’s threads are tied together, so reading them can be educational.

I can understand redman24’s frustration but he has not taken any of the legal options available to him, as have been outlined for him in his previous threads.
 

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