Sacramento, CA asked in Divorce, Family Law and Domestic Violence for California

Q: Subpoena as attorney or individual?

My girlfriend's ex husband had one attorney and my ex wife had another attorney. Both attorneys worked for the same law firm. We got divorced a year apart, her first. My ex made a false abuse accusation, her attorney decided to share this info via a call as fact with my girlfriend's attorney resulting in the conspiring against us. Several calls were made to complain about things to landlord to get us evicted and he used it as an excuse to take her kids. I can't prove any of it though unless I can get one of them to testify. If want to call them as witnesses do subpoena them as attorneys if they didn't have an active case with my girlfriend's ex or as individuals? I was thinking her exes as an attorney and mine exes as an individual and asking hers if he has a case and if not asking mine if he talked on the phone with her ex.

Also, is this even an issue for them to do this? Seems like libel/slander with damages if there is no proof. I also asked her ex to leave me alone 3 times.

1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info and clarification is needed.

the first thing you should do is write out a summary of all the facts so that the new lawyer you are going to contact has all the info.

there may be a conflict issue, but your lawyer who will have all the facts will be in the best position to assist you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.