What to do if a lawyer lies to you about a law

Asked about 1 year ago - Birmingham, AL

Lawyer lied to us about a law. He told us that at age 13 a child can choose a parent to live with. This is not true. Can he be held accountable for lying

Attorney answers (4)

  1. Joseph Edmund Gorczyca

    Contributor Level 6

    4

    Lawyers agree

    Answered . A lawyer that lies to his clients should be immediately reported to the state bar association. The state bar association has an entire system for clients that report lying and cheating attorneys.

    That said, attorneys do make mistakes. You should have written proof of the attorneys bad advice. If the attorneys' advice is negligent, you could have a case directly against the attorney. If your attorney violated professional standards, you may be able to recover money from the negligent attorney.

  2. Kenneth Bruce Fenelon

    Contributor Level 11

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . Have you confronted your lawyer with these misstatements about the law? I would.

    Did your lawyer intend to deceive you or was he recklessly making statements about the law that he did not know for sure? Either way, you can fire your attorney and obtain a new one. You may be able to recover your loss (attorneys fees paid) if he told you this in the hopes of getting your business that you otherwise would not have given him. You would need to speak with an Alabama malpractice attorney. That is, if you cannot reconcile the problem with your attorney, or if you need to fire him, I suggest you contact another more reputable, more knowledgable Alabama attorney. There are some good Avvo Alabama attorneys who you could call for a free consultation I'm sure. Also, The Cochran Firm has several offices in Alabama and I know them to have a good reputation with their clients.

  3. Christine C McCall

    Pro

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . IMHO your question (and the lawyer responses already posted here) are significant overreactions to the facts that you have summarized. In your state, some courts will routinely give credence to the stated wish of the child on this issue. Other courts will in some circumstances give some deference to the child's stated wishes. In every case, the court will be willing to hear and know the preference of a child of that age.

    You know, not every statement, prediction, or judgment call that turns out to be wrong, partially or wholly, is a lie. Not every wrong statement merits a State investigation by the attorney regulatory apparatus. Sometimes people -- even attorneys -- are just wrong, in part or in whole. Sometimes they are mistaken, or the facts have changed since they made the statement. Sometimes, the question or premise was misunderstood and the answer would have been true but for that misunderstanding. Sometimes the client asks the wrong question, or doesn't provide all of the relevant details in the question. Sometimes the client misunderstands the answer. Sometimes the client is wrong in deciding that the attorney's answer is wrong. Not every inaccurate statement is a death penalty offense, folks.

    Your state bar knows this stuff.

    And as for firing your attorney over this "lie," do you know how many competent attorneys want to work for a client who considers every mistake or prediction that doesn't pan out a lie? Good luck to you.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Call disciplinary board

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