lawyer does not tell client what evidence he found in child custody case

Williston stated that a lawyer, after deciding to represent a client, does not have to and should not inform the court of information which would be harmful to the cause of his client.15 It is generally believed that Williston's action in this situation was proper.16 It is an overstatement to say that an attorney never has to

Full Answer

What evidence is used in a child custody case?

The most common types of evidence in child custody cases include: 1. All communication with your child’s other parent, such as emails, text messages, voicemails, and letters 2. Journals

Why hire an attorney for a child custody case?

An attorney can also use their experience to present your case before the judge in a clear and compelling fashion and communicate with the other side so that personal emotions don’t get in the way of what’s best for your child. Myers Law Firm has over 60 years of combined experience with family matters, including child custody cases.

What factors does the judge consider in a child custody case?

There are some general factors the judge will consider: Relationships: A child should be able to maintain relationships with people in their life like their non-custodial parent, extended family, and positive influences in their school or community.

How can I Make my evidence admissible in a custody case?

Make Your Evidence Credible In order for your evidence to be admissible in court, it has to be relevant to your child custody case. Do not waste the court’s time on issues that have nothing to do with child custody, your child’s well-being, and the best interest of your child.

Do lawyers lie for their clients?

In California, the Rules of Professional Conduct govern a lawyer's ethical duties. The law prohibits lawyers from engaging in dishonesty.

What is the difference between attorney-client privilege and confidentiality?

The main difference between attorney-client privilege and attorney-client confidentiality is that the former is an evidentiary principle while the latter is an ethical principle.

What is it called when the prosecutor withholds evidence?

Guilt By Omission: When Prosecutors Withhold Evidence Of Innocence.

Can you see evidence against me?

During a Federal Investigation If you're under investigation but haven't yet been charged, you don't generally have a right to see any evidence against you. It may be that your lawyer can reach out to the federal prosecutor - the AUSA - to try to get early access to the evidence, but that is subject to negotiation.

Can a lawyer snitch on you?

The attorney-client privilege is a rule that protects the confidentiality of communications between lawyers and clients. Under the rule, attorneys may not divulge their clients' secrets, nor may others force them to.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

Does the prosecutor have to disclose all evidence?

Thus, every jurisdiction (each state and the federal government) has discovery rules requiring prosecutors to disclose evidence to defendants prior to trial.

What is an example of exculpatory evidence?

Exculpatory evidence includes any evidence that may prove a defendant's innocence. Examples of exculpatory evidence include an alibi, such as witness testimony that a defendant was somewhere else when the crime occurred.

What does spoliation of evidence mean?

Spoliation, in a legal context, is any act that renders potential evidence invalid, either intentionally or through negligence. In the case of a document, for example, destroying, altering or hiding it would all be considered spoliation if the document were relevant to current litigation.

What is the Brady rule?

The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense.

What is exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.

Can you see the evidence in a case?

When attorneys show evidence to juries and judges during trial, the photographs and video can also be seen by anyone in the courtroom. Judges' decisions, which are based on such evidence, are likewise a public record unless the case itself is sealed.

What does it mean to withhold evidence?

failing to give evidence that needs to be given or not disclosing some piece of information when asked to do so.

What is exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.

Can the prosecution withheld exculpatory evidence?

1424.5. (a) (1) Upon receiving information that a prosecuting attorney may have deliberately and intentionally withheld relevant or material exculpatory evidence or information in violation of law, a court may make a finding, supported by clear and convincing evidence, that a violation occurred.

What are four types of prosecutorial misconduct?

Prosecutorial misconduct is when a prosecutor in a criminal court case performs an illegal or unethical act....1. What are the four main types of prosecutorial misconduct?failure to disclose exculpatory evidence,introducing false evidence,using improper arguments, and.discriminating in jury selection.

What Constitutes Child Abuse?

Child abuse doesn’t have to be extreme for a parent to lose visitation or custody rights. As a general rule, in the family law context, any activit...

How Will Child Abuse Affect My Custody Case?

No one wins in a child abuse case. Both parents risk losing custody rights if the non-abusive parent knew about the abuse and didn’t prevent it. Fo...

How Do I Prove That My Child Has been Abused?

If you’re alleging that your spouse or ex partner abused your child, you’ll need a lot more than circumstantial evidence. Relatives, neighbors, fam...

Questions For Your Attorney

1. My ex has custody of our child, but I’m worried that her new boyfriend is abusing our child. What can I do to get custody? 2. Will a court convi...

Why Parents Lose Custody Rights

If you’re going through a divorce with children, you may have a lot of questions about custody. Generally, parents hold a preferred position under...

Who Can Seek Custody of A Child?

In order to file a request for custody, you need to have "legal standing," which refers to the ability to demonstrate a connection to or interest i...

How Does A Judge Determine Third-Party Custody?

The same factors that apply in a traditional custody case apply when deciding custody in favor of a third party—a judge will try to find a scenario...

Questions For Your Attorney

1. My child’s father died, and his parents are seeking custody of my child. How can I make sure that I keep sole custody? 2. I basically raised my...