Interviewing witnesses prior to hearing

[Chimp]

Ex's attorney interviewed a family therapist, who was "treating" my daughter and ex, 5 days before a hearing without my attorney's knowledge. I have the insurance explanation of benefit for the therapist's time and I called his employer who confirmed his schedule did include an interview with my ex's attorney.

1. Can an attorney interview a witness without letting the other attorney know about it?

The therapist came to court and recommended restricting visitation claiming I had sexually abused my daughter. The court had previously appointed a psychologist to evaluate both parties and the psychologist concluded that no abuse had occured and my visitation should stay the same.

Ex had made 4 prior unsubstantiated allegations of sexual abuse that my attorney pointed out to the court and during the hearing to appoint the evaluator, ex's attorney assured court that the reason they were looking to change visitation had nothing to do with sexual abuse and that they weren't really wanting to restrict visitation, just change it to one weekday instead of two and leave the rest of my visitation intact. Of course, ex did make allegations to the evaluator who concluded no abuse had ever taken place.

The court kept my visitation the same but ordered another evaluation be done by another psychologist who not only concluded that there had been no sexual abuse, but my time with my daughter should increase.

2. Would it be appropriate to ask for attorney fees for the two prior hearings as well as the upcoming hearing?

Thanks.

[socrateaser]

>Ex's attorney interviewed a family therapist, who was
>"treating" my daughter and ex, 5 days before a hearing without
>my attorney's knowledge. I have the insurance explanation of
>benefit for the therapist's time and I called his employer who
>confirmed his schedule did include an interview with my ex's
>attorney.
>
>1. Can an attorney interview a witness without letting the
>other attorney know about it?

Yes, but nothing that comes from that interview will be admissible in court without the witness' appearing to testify.

>
>The therapist came to court and recommended restricting
>visitation claiming I had sexually abused my daughter. The
>court had previously appointed a psychologist to evaluate both
>parties and the psychologist concluded that no abuse had
>occured and my visitation should stay the same.

Offer to take a polygraph on the question, if your ex will take one on the question of whether or not she falsified her allegations to the court. It's poker -- call her hand. Of course, if you DID abuse your kid, then I suggest that you keep away from her until you believe that you are rehabilitated -- assuming that is even possible.
>
>The court kept my visitation the same but ordered another
>evaluation be done by another psychologist who not only
>concluded that there had been no sexual abuse, but my time
>with my daughter should increase.
>
>2. Would it be appropriate to ask for attorney fees for the
>two prior hearings as well as the upcoming hearing?

Sure. Why not.

Personally, I think that all of this psychological eval is a waste of money. The polygraph can determine whether or not any abuse occurred and whether or not your ex is lying -- all for a lot less dough.