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Question about what a child can repeat from a Lawyer

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CMH08053

Junior Member
What is the name of your state (only U.S. law)? New Jersey

I have a question--my son was in a fight with another child, the other child's mother has pressed charges. The question is, can her Lawyer tell them about my sons past run in's with the law? My son is 15 and we just moved to this town a few months ago, now this kid he got into a fight with is all over school telling the kids all about what trouble my son got into in our previous town---is this allowed?
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? New Jersey

I have a question--my son was in a fight with another child, the other child's mother has pressed charges. The question is, can her Lawyer tell them about my sons past run in's with the law? My son is 15 and we just moved to this town a few months ago, now this kid he got into a fight with is all over school telling the kids all about what trouble my son got into in our previous town---is this allowed?
**A: why wouldn't it be allowed if it was true?
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? New Jersey

I have a question--my son was in a fight with another child, the other child's mother has pressed charges. The question is, can her Lawyer tell them about my sons past run in's with the law? My son is 15 and we just moved to this town a few months ago, now this kid he got into a fight with is all over school telling the kids all about what trouble my son got into in our previous town---is this allowed?
Depends.

Where did the lawyer get the information? If it's from public sources, there's nothing at all wrong with it if it's true. If, OTOH, the information is privileged or confidential, there may be some restrictions.

If I were you, though, I'd be more concerned about getting my kid under control than about who might know about his past.
 

Antigone*

Senior Member
What is the name of your state (only U.S. law)? New Jersey

I have a question--my son was in a fight with another child, the other child's mother has pressed charges. The question is, can her Lawyer tell them about my sons past run in's with the law? My son is 15 and we just moved to this town a few months ago, now this kid he got into a fight with is all over school telling the kids all about what trouble my son got into in our previous town---is this allowed?
Short answer: Yes.
 

CMH08053

Junior Member
Depends.

Where did the lawyer get the information? If it's from public sources, there's nothing at all wrong with it if it's true. If, OTOH, the information is privileged or confidential, there may be some restrictions."

It would be confidential information--my son is a minor.

"If I were you, though, I'd be more concerned about getting my kid under control than about who might know about his past."

I take a bit of offence to this statement, of course I am concerned about my son and getting him "under control", but having old labels follow him will only make matters worse for him. We are taking all necessary steps to help our son.
 

Proseguru

Member
It would be confidential information--my son is a minor.
.
Lets assume that the lawyer did divulge information that was "confidential" that was under a court rule or order or statue not to disclose (and it would not matter if it was public record if the lawyer was obligated not to disclose). Then the OP's kid may have a cause of action against the lawyer. And a valid complaint to bring to the bar association.

What could the kid be awarded? Have no idea. Could be 1 dollar, could be 1 million.

In respect to the current case, this information may be suppressed at the current kid's trial given that it's source was poisoned fruit.
 

Ohiogal

Queen Bee
Was this HER attorney or the prosecuting attorney? HOw did the attorney find out the information?
 

mistoffolees

Senior Member
Depends.

Where did the lawyer get the information? If it's from public sources, there's nothing at all wrong with it if it's true. If, OTOH, the information is privileged or confidential, there may be some restrictions."

It would be confidential information--my son is a minor.
Objection. Nonresponsive.

Where did the attorney get the information?

"If I were you, though, I'd be more concerned about getting my kid under control than about who might know about his past."

I take a bit of offence to this statement, of course I am concerned about my son and getting him "under control", but having old labels follow him will only make matters worse for him. We are taking all necessary steps to help our son.
Go ahead and take offense. Your kid got in trouble in one school. You moved him to another school and he's in trouble already -serious enough that the mother is pressing charges.

Figuring out whether the lawyer is able to say that your child is a big meany is the LEAST of your problems.
 

stealth2

Under the Radar Member
I take a bit of offence to this statement, of course I am concerned about my son and getting him "under control", but having old labels follow him will only make matters worse for him. We are taking all necessary steps to help our son.
It would seem that the labels aren't all that "old".
 

NellieBly

Member
At least people are warned.

We had a case here where a student's past was kept secret by those in his previous town. He came to our town and stabbed and killed a guidance counselor who had merely told him to remove his hood.

Had our school officials been aware that he had previously stabbed his own mother, he would have been assigned to a school with a higher level of security.
 

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