Posted by Jennifer Martin on 10/31/03

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I was hoping to get some feedback on a hypothetical ethics
violation (Kentucky applies Model Rules). What
professional ethics violations are presented by the
following attorney conduct?

Psychologist is appointed at Court Appointed Therapist
(the "CAT") for two minor children, both of whom have
Guardians Ad Litem. Attorney M represents father of
children who has filed a Motion to Change Custody. Mother
has Sole Custody and is represented by counsel. Attorney M
contacts the CAT prior to the trial in the matter and meets
with the CAT on several occasions to prepare the testimony
of the CAT. Mother's counsel and the GALS are not told
about these meetings nor invited to participate. The CAT
takes notes on these meetings and brings them to court with
him. When this is dicovered in court, the CAT testifies to
the above and provides his notes to the Court.

At the trial on the matter, all witnesses must wait in the
court hallway prior to testifying. Prior to the testimony
of the CAT, Attorney M tells the CAT some, but not all of,
what some, but not all of, the witnesses have testified to
prior to the CAT's testimony. The CAT takes notes on these
disclosures and brings them to court with him to testify.
When this is discovered in court, the CAT testifies to teh
above and provides his notes to the Court.

Thanks.

attorney contact with court appointed child therapist, 10/31/03, by Jennifer Martin.

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