QUESTION
I am going to receive a subpeona for a Client's records. I am needing to know what I can give to them and what I can't.
Asked on Jun 06th, 2017 on Domestic Violence - Colorado
More details to this question:
I have a DV client in CO and a lawyer is sending someone to subpeona the records. The lawyer wants the whole file copied and given to her. I don't know what I am legally required to give them and protect the client's confidentiality. A person from her office called and said he was faxing over the subpeona, yet I did not receive a fax. I know it is coming and I want to be prepared to give the required info and still protect my client.
1 ANSWER
Criminal Defense Attorney serving Boulder, CO
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Miller & Harrison, LLC
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You need direct input from a lawyer who can review the subpoena, how it was served and what it asks for. To be valid a subpoena needs to be handed to you - not just faxed, unless you "accept service" which you are not required to do. A subpoena is basically a court order to provide documents or testimony. A "Motion to Quash", citing a valid basis for not wanting to comply, needs to be filed in response. You will need a lawyer.
Answered on Jun 07th, 2017 at 1:21 PM