Who can see client files?

[cathyan]

I need some opinions here. My son got in trouble with law and is on probation. I have a home office.

Does anyone know what she would be allowed to look at as far as a locked file cabinet, and boxes and bags of client paperwork? She is considered an officer of the court, but should she be able to look through files? Just trying to plan ahead in case she turns out to be one of those who wants to paw through my underwear drawer, too. Thanks for any advise!

[Jack from Ohio]

I need some opinions here. My son got in trouble with law and is on probation. I have a home office.

Does anyone know what she would be allowed to look at as far as a locked file cabinet, and boxes and bags of client paperwork? She is considered an officer of the court, but should she be able to look through files? Just trying to plan ahead in case she turns out to be one of those who wants to paw through my underwear drawer, too. Thanks for any advise!

Consulting an attorney about legal matters is your best course of action.

[jasdlm]

I'm sorry; I'm not following. Who is 'she'? The probation officer?

[Lion EA]

I had a locksmith install a deadbold on my office door. (Easily a DIY job if you have time, but I was having locks changed all over the house anyway after a divorce, so added a new one for my office with a different key, while the locksmith updated and synchronized the rest of our locks.)

One time I borrowed a little plastic toy safe with an electric eye or motion sensor or something from a client's son (he used it to keep his big brother out of his room) for a few days to place where it aimed in front of my computer at a time when my husband swore he did not use my computer. Sure enough, he had to call me at that client's site to ask me how to turn off the alarm!

By the way, I wasn't worried about my husband snooping; I was upset that someone was eating at my computer and being sloppy.

[cathyan]

Sorry about the confusion. I'm refering to the probation officer.

[Lion EA]

In that case, you better talk to your lawyer. If you have custody of your son, he was released to your responsibility, then the probation officer probably wants to see everything in your son's environment, every place he could hide drugs or whatever his issue was and whatever the conditions of his probation are (maybe no alcohol or no fraternizing with others suspected of joining him in past activities). So, unless your office is really separate from your son's home.... Maybe the court has some guidelines, written or on their web site. Talk to your lawyer.

[Gail in Virginia]

I agree with Jack that your best bet for legal advice is to consult an attorney. However, my personal opinion is that the probation officer should not be able to look at your files or materials that belong to your clients. To convince them that it is irrelevant to anything connected with your son, I would think that you would need to show that your son has nothing to do with it and therefore a lock on the room you use as an office would be a good idea just to be able to say that you son does not have access, therefore the probation officer does not need access.

BUT, if there is any reason to believe that your son could have hidden somthing in your office that would be a violation of his probation the officer will probably maintain that he or she has the duty to search your office as well as any other room in your house.

[jainen]

>>in case she turns out to be one of those who wants to paw through my underwear drawer<<

There aren't many that bad still in the business. But your son (apparently) has search terms. That means anytime, anywhere, any officer, any reason. Your entire home can and probably will be tossed if your son continues to associate with trouble. Some space might be protected if he clearly has no access, but that depends on things you can't really control. Try to work frankly with the probation officer. She doesn't care about you or your legitimate files, and this is one situation that a lawyer could totally mess up.

[michaelmars]

check with your malpractice company too, they crimminal attorney will know the probation rules but the malpractice carrier will know the irs rules. Perhaps the inspection could be a quick look to see if anything is hidden in the files but not given the ability to read anything would surfice.