Is an attorney required to report their client if they know their client is planning on committing a crime?

Two weeks ago I secured a court order giving me joint custody of my son. When it came time to do the exchanges his birth mother refused. In response I sent her attorney an email asking her to intervene and remind her client that she needs to follow the order. That same day the birth mother "released" her attoney and filed a restraining order against me with false claims of domestic violence. If her attorney knew that she was intending to file a false police report would the attorney be required to report it? Do I have the option of supeonaing the attorney to ask why she was released (or fired her client) and whether they discussed fabricating false charges? or is this protected by legal privileges unless I already have hard evidence that she discussed filing a false report?

Nathan’s Answer

You must address the allegations in the domestic violence restraining order first and foremost. Digging in to the intent of the birth mother or the lawyer will not address the judge's main concerns regarding if there was a credible threat or actual violence, and the chances of that recurring.

Would it be a HIPAA violation?

I am an agent #3 for healthcare of my boyfriend. His #1 and #2 are his nephews. Hospital biz office advised me I, as a non-primary agent, cannot talk to my boyfriend's doctors in his absence, only the primary agent has that right. I am concerned about my boyfriend's mental condition. Would my disclosure to nephews of information about my boyfriend's doctors that he gave me confidentially be a violation of HIPAA?

Nathan’s Answer

If you do not meet the definition of a covered entity, HIPAA does not apply to you. Health plans, doctors, nurses and hospitals are what we normally think of when a HIPAA question comes up. A quick way to determine if you are a covered entity is whether you receive or furnish any payment in the normal course of business for someone's healthcare. From the facts you have given, most likely not.

Can I file a lawsuit against professional licensing board for defamation/slander in posting accusations not verified??

I have 2 professional licenses in California. I have been dealing with a substance abuse problem, and ended up in Drug Court. Throughout the process I had to keep in regular contact with each board, and thus they were familiar with my situation. There were accusations filed by each board prematurely, in which there did not appear to be any investigation and EVERY accusation is comletely inaccurate or just wrong and can be proved to be so. The accusations were not verified. Also, I just recently learned of the Boards Diversion Programs - which promise all info confidential, and NO permanent record. The Boards role is to identify/help those individuals such as myself. As I was not offered diversion, and severly inappropriate info is posted, can I file a suit???

Nathan’s Answer

Diversion programs are not automatically granted as a matter of right. Sometimes they are authorized to licensees if drugs were the primary problem AND there was little or no harm to patients, consumers or the public. Entry into such a program can be after formal charges are filed. Impaired licensee programs can be useful but they can also be dangerous if a licensee has other issues, for example, mental health, that have not been addressed, since compliance might be made more difficult by underlying issues.

In regards to verification, generally accusations under the APA must be verified unless made by a public officer acting in an official capacity or by an employee of the agency. Lack of verification is waived if not made. In the absence of a statutory requirement for your specific licenses, no verification is required.

Keep in mind the Board's role is first and foremost, the protection of the public, not the accommodation of licensees.

I am facing Professional License Revocation due to substance abuse. Does the Board need to identify and/or offer Diversion to me

I currently have 2 professional licenses in California. Due to extremely poor legal representation, I was not properly informed regarding settlement offers, was coerced and coached to lie under oath during administrative hearing, never told about diversion programs by either my attorney or the boards themselves, and no am facing revocation of both licenses. What are the Boards responsibilities to identify, inform, offer me the diversion program?? Is it too late at this point? There is next to no information on the Board websites and thus no way to know that such programs exist unless it was pointed out/offered to you. I would hate to lose my livelihood when I could have recieved help and preserved my licenses with no record of such in the end. Any insight would be much appreciated.

Nathan’s Answer

http://www.avvo.com/legal-answers/can-i-file-a-lawsuit-against-professional-licensin-1994273.html?answered=true

This question has been answered in a duplicate post.

Why would a public defender tell the DA bad details about a case they're working on?

I am a co defendant on a case with my friend. He's still incarcerated & I'm out on bail. We had court yesterday and his public defender was chit chatting with the DA about the case & the DA asked what her argument against him is... His public defender told the DA that he had made incriminating statements and has a drug history. This was done when the judge was not present or even the defendant. I just happened to be sitting close enough to hear it... Why would she do this? I'm confused & irritated.

Nathan’s Answer

Attorneys sometimes concede on points that they know are obvious, to gain leverage in other areas. They may pretend to concede to test the reactions of the opposition. I would give the presumption to the public defender that they are acting in your friend's best interest because of their time committed to schooling, passing the bar and working in the trenches. Also, keep in mind that if you are a co-defendant, and your friend has a separate attorney, that your best interests may not the same. Instead of worrying about your friend and allowing this to disturb you mentally and/or physically, keep a sharp mind to focus on best outcomes for your own case, unless you have clear evidence that the public defender is purposely derailing your friend's defense with a specific motive in mind.

I HAVE A HEARING FOR A CAR SALES LICENSE APPEAL IN A FEW MONTHS, IS IT NECESSARY TO GET A LAWYER FOR THE HEARING?

I WAS ORIGINALLY CONVICTED OF FELONY EMBEZZLEMENT BEFORE MY CAR SALES JOB. I WAS ACCUSED OF STEALING CASH WHEN I WORKED AS A CASHIER BUT I HAVE SINCE THEN SERVED TIME, WENT TO COURT AND LATER HAD THE SENTENCE REDUCED TO A MISDEMEANOR PETTY THEFT CHARGE WITH NO PROBATION BECAUSE THE COURT COULD NOT PROVE THAT I HAD TAKEN THE AMOUNT ACCUSED (OVER $1,200), I EVEN HAD IT EXPUNGED FROM MY RECORD. IS IT NECESSARY TO HIRE A LAWYER FOR THE HEARING IN CALIFORNIA? WHAT ARE MY CHANCES OF GETTING MY CAR SALES LICENSE BACK WITH OUT AN ATTORNEY?

Nathan’s Answer

Congratulations on reducing the felony. Keep in mind that crimes related to theft, even if expunged, bear very negatively on jobs requiring public trust (like car sales). No one can predict an exact percentage of success but suffice it to say, if you obtain a competent attorney, your chances are much better than going it alone. My basic rule of thumb in legal matters related to business, licensing, etc. is "When you wonder whether you need an attorney, wonder no longer, you do."

Does patient-doctor confidentiality apply in my situation?

I am 23. I used marijuana before shortly before I got pregnant. When I found out, I quit immediately. I tested positive for THC when I came in for my first visit and spoke to the counselor and doctor about it and it was established that I am no longer using. For my 3rd visit, I had a new doctor and she brought it up with my mom in the room. She said that I would have to go to a specialist because I tested positive, when my previous doctor (owner of the practice) determined it was not necessary. I did not want my mother to know about me testing positive for THC. She is now threatening to kick me out because of this. Does patient-doctor confidentiality apply at this point? What can I do?

Nathan’s Answer

HIPAA requires written consent. However, the doctor brought it up to YOU and not to a third party, even if third party was there. Also, third party was presumably there at your behest. Theoretically, you have a case, but it would probably not be worth pursuing. HIPAA does not have a private right of action. In other words, the health provider may be fined. You would thus be suing for California causes of action related to privacy. Your case does not engender strong sympathies as you have probably guessed by now. It ultimately may be best to focus on repairing relations with mom if her threat to kick you out is sincere. A mediator may be effective in patching up the relationship if this is a huge concern for you, especially since she is not only your mother, but likely your landlord as well. Contact an attorney-mediator for an assessment.

Does patient-doctor confidentiality apply in my situation?

I used marijuana before shortly before I got pregnant. When I found out, I quit immediately. I tested positive for THC when I came in for my first visit and spoke to the counselor and doctor about it and it was established that I am no longer using. For my 3rd visit, I had a new doctor and she brought it up with my mom in the room. She said that I would have to go to a specialist because I tested positive, when my previous doctor (owner of the practice) determined it was not necessary. I did not want my mother to know about me testing positive for THC. She is now threatening to kick me out because of this. Does patient-doctor confidentiality apply at this point? What can I do?

Nathan’s Answer

http://www.avvo.com/legal-answers/does-patient-doctor-confidentiality-apply-in-my-si-1993891.html?answered=true

This question is also answered in the duplicate post above.

Could I sue a dental clinic for putting me in debt collection while I was still disputing the bill to them?

My whole family were new clients to a dental clinic in early 2013. We had a lot of work done to our teeth through the whole year. Around November of that year I got a surprise bill which had no description of the service for this bill. I went to the office and ask what the bill was for. Turns out it was bills accumulated since the beginning of the year that my insurance didn't cover. To make the story short I paid the bill early 2014 and asked the accounting management if there's anymore surprise bills and replied "no more." In August 2014, another bill was sent. I called them a few times and never got back with me on anything they told me or my question. Two months later they put me on debt collection.

Nathan’s Answer

If the attempt is to collect on a significant debt, it may be appropriate to hire counsel to help you dispute the bill, craft an installment payment arrangement, or negotiate a lump sum that is agreeable to everyone.

What should I do about an bill Im being forced to pay when I was forced into an ambulance and not allowed to sign nonconsent?

My fiancé and I were on a double date last February that went wrong. The man on the other side of the date got violent. My Fiancé was trying to protect me and get us out of there when some one called the cops for an incident across the street. The cops showed up just as we had made it to the car. When we told the cops the man was trying to attack us they put us in cop cars. Then I was told if I didn't get into the ambulance that they would take me to jail I still said no. I was carried to a gurney-they took my heels, and took me to a hospital that was a full city over, went through my purse and dropped me off at the hospital with out admitting me. I asked them while I was in there if they could let me go and if I was being charged and they said no, but yet I received a bill for near 2000?

Nathan’s Answer

No one can tell if this was false imprisonment, or an emergency situation that required transporting you to a hospital. Also, the generating facts sound jumbled because there is no link between what happened and why you needed treatment. Please consult with an attorney and provide them the full facts so that they can give you a realistic answer of whether you can realistically dispute the $2,000.