Can my or my girlfriends attorney be forced to serve me a subpoena in a civil case (divorce) if I am not a party of the divorce?

Asked about 1 year ago - Mcminnville, OR

My girlfriends attorney who also spoke for me at a previous hearing to quash a subpoena I had received was given another subpoena for me by my girlfriends future ex husband's attorney and told to give it to me. Now he is being threatened with sanctions by this attorney if he doesn't give it to me which I am not sure is right or ethical.

Attorney answers (2)

  1. Jay Bodzin

    Contributor Level 20


    Lawyers agree

    Answered . This doesn't make much sense. No one can be "forced" to serve a subpoena on anybody else. An attorney representing you can be authorized to accept service for you, but that's not the same thing at all.

    It seems that you're not a party to this case, so your ability to affect its outcome is limited. If you are served with a subpoena, though, you can consult with an attorney in private to limit your own exposure. For example, if you are asked to testify at a deposition, you should bring your own attorney to represent you there. Your girlfriend's attorney cannot represent you or give you legal advice in the same proceeding. You'll probably still have to testify, but your own attorney can ensure that you don't incriminate yourself or waive any rights.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  2. Joanne Reisman

    Contributor Level 16


    Lawyer agrees

    Answered . You situation sounds like a post that was on here previously. It really sounds like you need to talk to your own attorney and stop looking to Avvo for legal advice - you won't get it here. This is just for general ideas. You are in a situation where you need your own lawyer.

    The comments by this author to questions posted on Avvo are designed to foster a general understanding of what... more

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