In re Marriage of Anka & Yeager (2019) 31 Cal.App.5th 1115


From the court of appeals ruling it is Lawzilla's understanding the following occurred:

Attorney Lisa Helfend Meyer represented the mother in two different divorces with child custody issues.

A child custody evaluation and psychological evaluation was performed in the first case.

During a deposition in the second case attorney Lisa Meyer used the evaluation to ask questions during a deposition of someone involved in the first case.

After a break, the person whose deposition was being taken did not return. They asked a judge to impose sanctions for disclosing confidential information.

The judge agreed and ordered Lisa Helfend Meyer, Esq., to pay a $50,000 sanction.

The judge ruled her disclosures:

"were made maliciously, recklessly, without substantial justification, and were not in the best interest of the child."

An appeal was filed. The court of appeal reversed sanctions against the client, but affirmed the $50,000 award against the attorney.

The court of appeals said the argument being made for Lisa Meyer was "absurd" when she claimed confidentiality only protected a report, but not information in the report.




The unanimous court of appeals said Meyer's actions were "intentional" and went "beyond reckless".

This supported the trial court's finding that she acted maliciously.




The justices said attorney Lisa Helfend Meyer "willfully disclosed information that she knew was confidential".

They said she harmed not only the child, and the child's father, but "the entire process of child custody evaluation".

Wow.

$50,000 is one of the largest sanctions awards we have seen.

Our understanding is the sanction may need to be reported to the California State Bar for potential discipline, including possibly suspending or disbarment of the attorney.

The court of appeals said attorney Lisa Helfend Meyer harmed the child, the child's father, and the entire court system.

The justices said an attorney is bound by ethical rules to conduct themselves with "dignity, courtesy, and integrity" ... but "Unfortunately, that did not happen here."




Lesson learned for all California family law attorneys: made a wide path around any possible disclosure of information in a confidential child custody evaluation.

Lisa Helfend Meyer was admitted to the California Bar in 1982. Bar Number 106105.

Meyer Olson Lowy and Meyers, LLP
10100 Santa Monica Boulevard, Suite 1425
Los Angeles, California 90067

Law School: Loyola Law School

Sanctions are Recoverable as a Judgment - Analysis of the little known fact that sanctions awarded in a lawsuit can be enforced as their own separate judgment. Surprise someone by putting a lien on their bank account, home, wages, etc.