Subpoena to send documents

[TAX]

Received subpoena to turn over tax return, P & L, and Balance Sheet for a client to attorney.

Since it is a court order, do I need to get client's permission?

I already told client and sent a copy of subpoena. I will copy ALL documents that I turn over.

Thanks!

[ChEAr$]

Client's permission not needed, but only common courtesy to inform him, which you did.

[Gary2]

I wouldn't assume there's no obligation to inform the client. While it may not require his permission, it's conceivable he could have the subpoena quashed (depending on the details). If you don't tell him, so he misses that opportunity, there could be repercussions.

[Koss]

Subpoena

TAX wrote:

Since it is a court order, do I need to get client's permission?

Technically, a subpoena is not a court order. Read it carefully, and you'll see that although it is issued by the court, it is not signed by a judge. It is signed by an attorney for one of the parties in the case.

But you do have to comply with it. If you ignore it, you could be held in contempt of court.

Gary2 wrote:

I wouldn't assume there's no obligation to inform the client. While it may not require his permission, it's conceivable he could have the subpoena quashed (depending on the details). If you don't tell him, so he misses that opportunity, there could be repercussions.

I agree that you have some responsibility to notify the client of your intent to comply with the subpoena. And you should wait a reasonable period of time before sending the data to the requesting party, because, as Gary2 observed, the client (or his lawyer) may ask the court to quash the subpoena.

But in principle, the client should already know about the subpoena. The party that requested the subpoena is required to send a copy to your client, or to his lawyer. So technically, you probably don't have to notify the client that you received the subpoena. But you do have to wait long enough for your client to have a chance to have the subpoena modified or quashed.

BMK