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I’m gonna quash that subpoena right out of my hair February 9, 2006

Posted by fajita in Uncategorized.
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I received a subpoena this week.

You are commanded to appear…”

These are not the words you want to read on a document with your name on it. When you receive subpoena, you must obey the command or risk being held in contempt of court, which could mean going to the slammer.

As a therapist, I get this kind of thing every now and again. I hate it because usually I feel like I am being used as some kind of useful tool for someone’s manipulation of another.

Ah, but as a therapist I have a special relationship with my clients. My clients have what is called privilege. Unless my client allows me to talk about our sessions and what is in the file, I am bound not to talk.

So, I am caught between violating my client’s privilege and being held in contempt. Nice place to reside, eh?

Then there is little thing called a quash. When a subpoena is not delivered ina timely manner, which this one was not, I can have my attorney (always ahve an attorney on your side) motion to quash. Bascially to me that means I get out of it.

A judge can overrule a motion to quash, but likely will not. If I do go to court, I will claim privilege, which hack off the oppsing attorney, but I won’t care. Then the judge will decide whether or not I need to talk. If the judge compels me, than I talk – but under the cover of judicial order to break that privilege.

I love our legal system.

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Comments»

1. Greg Brooks - February 9, 2006

My wife makes a delectable fried quash. She cuts the quash into disks, dips them in an egg wash and then in flour and then fries them. My mother used to make it that way too, and it’s comfort food to me.

I like to dip my fried quash in ketchup, like french fries.

2. Matt - February 9, 2006

On behalf of our *wonderful* legal system, Chris, can I say: “I’m sorry”?

A lawyer who is going to subpoena you should have the courtesy to call you (or at least have someone from his office do that) and give you a heads up so you know what is at issue and what is going on. Also, he should call to communicate about when you should *really* show up (the time you’re really needed is almost never the time that is on the subpoena – and witnesses can end up waiting in courthouse corridors forever as a result).

If it is of any comfort to you, I always try to do that when I am in a position where I have to subpoena a witness, and I don’t think it would be wrong of you to ask for that courtesy from the leagle-eagles in your community…

3. Fajita - February 9, 2006

Matt, no need to apologize for your profession. Yeah, it’s a real pain inthe rear, but I don’t take it personal. In fact, I received the subpoena from a friend who very sheepishly handed it to me.

However, even though it is not personal, it is no less irritating. 1. my documents are subpoenaed one day and I am subpoenaed for two straight days next week.

So, my 8 cleitns over that span are put out, my lunch meeting with daughter at her school is out, my reading time with the South Elementary School class is out, my lunch date with my wife is out. Yeah, it is a real non-personal pain in the rear!!!!


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