El Segundo, CA asked in Family Law, Child Custody and Domestic Violence for California

Q: My ex text me about a conversation he had with his attorney. Can I now ask the attorney questions as a witness?

Ex told me he talked to his attorney about contested matters in our case. He text me this information and I want to call the attorney as a witness. He broke privilege by telling me what can I do?

2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered

A: You can question your ex about what he told you.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: No, you cannot ask the attorney questions as a witness based solely on the information that your ex shared with you. Attorneys are bound by attorney-client privilege, which means that they cannot disclose confidential communications with their clients without their client's consent or a court order.

In this case, your ex's communication with his attorney was likely protected by attorney-client privilege, and the attorney cannot disclose any information without your ex's consent or a court order. Additionally, even if the attorney did disclose the information to you, it may not be admissible in court due to the privilege.

It is recommended that you speak with your own attorney to discuss your legal options and how to proceed in your case.

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.