Mansfield, OH asked in Legal Malpractice for Ohio

Q: Can my lawyer have a meeting with someone who is not on my case with out me; about the case and not a party either.

It is a custody case my father has sat in with me and my lawyer on previous meetings my father is not a party in the case. I feel the attorney by bypassing me their client, and going to my father is a violation of my rights. My attorney called a meeting with my father without me to discuss details and strategy about my case with out me being present or notified of the meeting.

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1 Lawyer Answer

A: Lawyers frequently discuss cases with witnesses and other individuals, including opposing counsel, without their client present.

It is perfectly permissible for your lawyer to interview your father as a potential fact witness in a custody case outside your presence.

On the other hand, it was extremely unwise and unethical for your lawyer to discuss your actual case strategy with your father without your express knowledge and permission. In doing so, he is disclosing confidential information.

Your attorney may believe that you were agreeable to him having such a discussion with your father. I recommend you tell him very clearly not to discuss any confidential information including your case strategy with your father.

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