Is an attorney required to report their client if they know their client is planning on committing a crime?
Two weeks ago I secured a court order giving me joint custody of my son. When it came time to do the exchanges his birth mother refused. In response I sent her attorney an email asking her to intervene and remind her client that she needs to follow the order. That same day the birth mother "released" her attoney and filed a restraining order against me with false claims of domestic violence. If her attorney knew that she was intending to file a false police report would the attorney be required to report it? Do I have the option of supeonaing the attorney to ask why she was released (or fired her client) and whether they discussed fabricating false charges? or is this protected by legal privileges unless I already have hard evidence that she discussed filing a false report?
Nathan’s Answer
You must address the allegations in the domestic violence restraining order first and foremost. Digging in to the intent of the birth mother or the lawyer will not address the judge's main concerns regarding if there was a credible threat or actual violence, and the chances of that recurring.
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