subject: Information Can Hurt, Especially If You Don't Give It To Your Lawyer [print this page] Am I the only one who is interested in this case? That is the question I would have asked if I wasn't so darn polite. After all, he paid me to help him out, and I assumed he would help me do just that.
My client came to me complaining that he was sure his 4 year old son was being sexually abused. The little boy was wetting his pants, and trying to hump his little brother. He said that a big boy had had him "suck his winkie", and so his father and grandmother assumed something was happening in his life.
The mother says that a six year old boy had had fellatio with him at the baby-sitter's house about a year ago. She also said that she "had explained" what happened last week to the father. When I called her as a witness so she could tell me, the judge advised her she had a right to remain silent. She took the fifth, and refused to testify. The judge granted my client temporary emergency custody of his child.
While we were in the courthouse, the mother casually mentioned that she had an appointment with the welfare department to discuss what had happened. I told my client to get the child to the appointment. It was obvious that an investigation needed to take place.
The welfare department would not send me its report. I was informed that a copy of it had been sent to each of the child's parents. I called my client right away to tell him I needed to see the report. His response? "I got it a couple days ago, but I haven't read it yet."
At this point, I would normally sigh, and remind myself that the client has to be at least as interested in his own case as I am. If he ignores my requests for documents, phone numbers and addresses, I can't be as helpful as I'd like to be.
When the case involves a child, informing your lawyer is even more important. Most 4 year olds don't know about oral sex, nor should they. Most people agree that six year olds shouldn't have that knowledge either. If a six year old is giving lessons on the subject, someone should be finding out where he got his training.
Today, there is a hearing to determine whether the child should be returned to his mother. I read the report, and to tell the truth, it sounds like my client has tried to get the mother in trouble before. Still, all parties agree that the little boy has tried to share his boyhood with other children, and he had to pick that up somewhere.
There are times in this profession when I think neither side should win the case. When the parents are hiding information and are so hateful about each other, I have to question their competence to make good decisions for their children. This case is definitely an example of one of those times.
Copyright (c) 2010 Lucille Uttermohlen
by: Lucille Uttermohlen
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