Quick question... I was told to keep notes regarding my child custody case, but "be sure to put 'Notes for My Attorney' or 'Attorney-Client Privleged Information' " all over it, to prevent it from being used by the other side.
I am considering doing a few mediation sessions pro-se; is there a similar protection for pro-se litigants? Or are my notes now available for the other party?
Maybe I've misunderstood the whole thing entirely.. Just trying to make sure I don't fall into some trap where I need to disclose all my information.
Thanks!
Your question actually presents two different legal concepts, both of which are related to the notion of "privilege." The notion of "privilege" is defined as a special advantage against disclosure to an opposing party in litigation.
The first concept that you have raised has to do with privileged information, in whatever form. Here, you have identified your notes taken during or in preparation for litigation as the information you want to be privileged. Such information is considered to be "work product" and, thus, is not generally subject to discovery and disclosure in most jurisdictions.
The second concept that you have raised has to do with privileged communications between certain pairs of individuals. Here, you have identified what is commonly known as the Attorney-Client privilege.
By definition,an Attorney-Client privilege would require that a communication be made between two individuals. Also, by definition, a Pro-Se case is one in which the client is acting as his or her own attorney. Therefore, the concept of Attorney-Client privilege does not apply to a Pro-Se litigant because the Attorney and the Client are one in the same person.
The specific answers to your questions, which will be determined by the PA statutes and Rules which governing evidence and trial practice in the Court in which the Child Custody case was filed, can only be obtained via your personal consultation with an attorney licensed to practice in PA who knows the applicable PA statutes and Rules which are above described for you. You should be prepared to take with you all of the papers related to the Court action in which the Child Custody case was filed, together with all documentation related to your evidence there at issue.
You should also be prepared to pay a fee for the attorney's consultation, review and advice. The amount of that fee, and the terms for the payment of same, should be agreed upon between you and your attorney before starting the consultation.
Do not attempt to resolve this Child Custody matter without the advice and representation of qualified legal counsel. In short, the wise surgeon will never perform surgery upon him or her self, for obvious reasons--the risks of mistake are too great because the surgeon is personally (not professionally) involved in the case.
The response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Ohio. Responses are based solely on Ohio law unless stated otherwise.
