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Attorney misrepresentation

Archbald, PA |

I am in a custody battle and have a guardian assigned to my case. I feel that my attorney and guardian are not presenting me with all the facts. And of course not taking actions to benefit me. How can I have there conduct reviewed

Attorney Answers 2

  1. Assuming you are not indigent and hired your own attorney (i.e., you don't have a free "assigned counsel" designated by the Court or County), you can fire your attorney and hire one you have more faith in.

    As to the Law Guardian, they are not your attorney or the other parent's, they are the child's attorney. They don't have to talk to you or present you with any facts. They can't be fired by you or changed, and unless their conduct is highly unethical (something like those judges in PA who were sending kids to for-profit reform schools they owned) , you cannot have their conduct reviewed.

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  2. I agree with the remarks of Attorney Lebowitz, and concur in his change of your question to "Child Custody". There appears to be some obvious communication breakdown at work between you and your attorney. The guardian ad litem is an attorney appointed by the Court to represent the legal and best interests of the child. The guardian ad litem is not your attorney, doesn't represent your interests, and is not obligated to share information with you. Your attorney, however, should be doing all of those things. I highly recommend that you sit down with counsel and explain what your concerns are about the process and pose any questions that you have to him or her. There are lots of innocent explanations for miscommunication. Regardless of why you are troubled, it is your obligation to make sure that those concerns are addressed by your lawyer. He or she may mistakenly believe that you are both on the same page. If you are unable to resolve outstanding issues you are certainly at liberty to seek new counsel, but don't take that step lightly.

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