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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?

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.

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Attorney answers 2


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: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: | Online:

Joanne Reisman

Joanne Reisman


It may be that the girlfriends attorney, by appearing to quash the last subpoena, has now become this guy's attorney of record. This is a bad situation and may be creating a conflict of interest for the attorney.


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 might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature.

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