Expert: Paul D. Friedman, M.A., Ph.D., J.D. - 10/5/2009

Question
QUESTION: My daughter is 16 years old and she is going for an interview with an attorney who has agreed to represent her. However, I cannot be at the meeting, may I phone the law office later and request information regarding the interview?  Why or why not?  Thank you

ANSWER: Andy,

Probably not unless you are authorized.  You need to discuss this with your daughter and the attorney before they meet.  If your daughter authorizes release of information to you, you certainly can get it.  

The problem is that you don't want there to be a breach of client confidentiality.  If you are her guardian, then you will be the person acting on behalf of your daughter and the attorney has a good argument to maintain that confidentiality by communicating with you with your daughter's consent.

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.

---------- FOLLOW-UP ----------

QUESTION: I believe you have already answered my 2nd question, but I am going to ask anyway.  My daughter (16 yrs old) has an attorney, but because she is under the age of 18, does not necessarily create the situation where her attorney is our attorney, correct?  Unless, it is specified that he is our attorney, he really justs represents her.  Right? Her being underage does not automatically make him our attorney?  Thank you so much--I have made this question much more confusing than it should be.  Sorry

Answer
Andy,

No problem.  I am sorry I was not clear.

The attorney is your daughter's attorney who represents her interests through her guardian.  Your daughter is not of age to sign a contract so the contract for professional services is signed through the guardian.  The guardian as well as the attorney have to act in your daughter's best interests.  In the strictest sense, he is not your attorney but you have the ability to hire and fire him if you feel that is in her best interest.

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.