IAAL or BCB

[momself]

What is the name of your state? Missouri

Can you tell me using the info below if this is legal? There are 2 seperate attorney's for these cases.


Attorney for Case A filed a court order for medical records and was granted... Case A has been delayed. Attorney for Case B got medical records from attorney in Case A without a court order and before they were used in Case A.. is this legal?

 

[tigger22472]

Bump

 

[Grace_Adler]

I emailed a friend of mine that is in law school. I'm hoping she can help. Just waiting to hear back from her, she's a busy woman. LOL

 

[momself]

Thanks for checking on this for me Grace!

 

[Grace_Adler]

You're welcome. Still waiting. I guess I'm gonna have to call my "momma" if I don't hear from her soon. LOL

 

[tigger22472]

Bump

 

[Boxcarbill]

What is the name of your state? Missouri

Can you tell me using the info below if this is legal? There are 2 seperate attorney's for these cases.


Attorney for Case A filed a court order for medical records and was granted... Case A has been delayed. Attorney for Case B got medical records from attorney in Case A without a court order and before they were used in Case A.. is this legal?

No, I cannot tell you from the information given.
Are the parties in suit A and suit B the same parties? Whose medical records are these? Who does attorney A represent and who does attorney B represent? What are the issues in suit A and B?

 

[tigger22472]

I'll fill you in for OP a bit Boxcar.
Attorney A is representing a client in a child custody case. This attorney petitioned the court for counsling records of the half siblings of the child involved in the custody case and the petition was granted. The custody case was delayed because the parent going for custody is now charged with molesting one of the half siblings and is going through that process now but with a different lawyer. So there are two lawyers, two cases but the same client. Does that help?

 

[momself]

Sorry BCB! I guess that would help to know a little more info, huh?

Thanks Tigger!

 

[Boxcarbill]

I'll fill you in for OP a bit Boxcar.
Attorney A is representing a client in a child custody case. This attorney petitioned the court for counsling records of the half siblings of the child involved in the custody case and the petition was granted. The custody case was delayed because the parent going for custody is now charged with molesting one of the half siblings and is going through that process now but with a different lawyer. So there are two lawyers, two cases but the same client. Does that help?

I do not see a problem if I'm understanding the situation correctly. Custody case in which allegations of sexual abuse of a child are an issue. Criminal side of the docket is criminal charges of sexual abuse of a child. Medical records of the child are relevant in both cases and discoverable in both cases. A family law attorney usually works closely with the criminal defense attorney in these types of cases. Certainly, in a criminal case the defendant has a constitutional right to the medical records of his accuser and would have gotten them through a Brady motion but since a family law case in pending the family lawyer who is representing the defendant in the criminal case will share information with the client's criminal defense attorney and vice versa. No, it is not illegal or unethical.

 

[momself]

Thanks BCB, but i have one more ? that i would rather not post here for everyone to read. May i email you directly?

 

[Boxcarbill]

Thanks BCB, but i have one more ? that i would rather not post here for everyone to read. May i email you directly?

Sorry, but I prefer to respond to questions on the forum.

 

[momself]

Okay, no problem. Thanks!

 

[Grace_Adler]

I'm glad you came along BCB cuz I still haven't heard back from my friend yet. I hope her law books didn't swallow her up. LOL