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I got divorced three years ago and my ex sued for custody. The kids were given an attorney who never checked my references.

La Grange, IL |

I lost custody and my home as well. Can I take this attorney to court for unethical procedures?

the references should have been checked to show that I was a quite fit mother and many people could testify to that. And I had an attorney for the first few months and the retainer ran out so he doesn't really have any information that he could help me with. He really didn't help a lot anyway.

Attorney Answers 5


  1. You have not given nearly enough information. I cannot tell when things happened. Nor do I understand what you mean by your references.

    I recommend you talk to the lawyer and try to gain a better understanding of what happened. If you are still dissatisfied speak to another attorney.

    A statute of limitation may be implicated here so do not wait.

    If you found this Answer to be helpful, please mark it as such. Remember, however, this is only generalized commentary on your question. It is not to be taken as legal advice. Even "in person" interviews leave attorneys with plenty of questions – the Internet makes it crazy. Thank you Chuck Watson 217.544.6165


  2. This would be an extremely difficult suit--you would have to prove that were it not for your attorney's error, you would have won your custody case...and that is after you were first successful in proving he was negligent in the first place.

    The author provides the preceding information as a service to the public. Author's response, as stated above, should not be considered legal advice. An initial attorney-client conference, based upon review of all relevant facts/documents, will be necessary to provide legal advice upon which the client should then rely.


  3. Based upon the facts provided, there is no issue of ethics. The attorney for the children/GAL is free to conduct his/her investigation anyway deemed appropriate. References need not be checked unless there is a question about them. The fact that you lost custody does not automatically mean there was unethical conduct. You should have asked your attorney 3 years ago to explain the reason for the results in your case. Perhaps your lawyer can tell you now.


  4. Three years ago?!?!!?

    Why should he have "checked your references?"


  5. GAL's have immunity from lawsuits. If you want to review your case go in person to a local attorney and pay for a review of your case and file. Perhaps something can be modified.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.

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