Unprofessional, Hostile, and Failed to Uphold Safety Statutes — A Public Service Guide
"Representation by Susan Barrie was characterized by hostile communication, a complete failure of statutory compliance, and a total lack of trauma-informed advocacy. Counsel explicitly disregarded the mandatory ...requirements of Family Court Act § 433-c, dismissing a client’s request for legally mandated safety protocols as 'presumptuous.' Furthermore, Counsel demonstrated a startling lack of professional boundaries by attempting to compel disclosures of sensitive, past personal experiences that bore no relevance to the current legal issues. When held accountable, she refused to address her failures and instead used court bureaucracy and opposing counsel to shield herself. This behavior represents a profound breach of the attorney-client relationship.
A Public Service Guide: How to Protect Yourself from Professional Negligence
If you are a litigant and your attorney makes you feel unsafe, small, or ignored, you must act. Do not let them 'scurry' away with a clean record.
1. The Right to Safety (FCA § 433-c)
In New York, the law is not a suggestion. Under Section 433-c of the Family Court Act, the court system (including your lawyer) is required to provide you with information about safety measures. If a lawyer rolls their eyes or calls you 'bossy' for asking to be safe, they are failing their legal duty. Documentation is your shield.
2. Respecting Your Boundaries
A professional lawyer should never force you to talk about painful past experiences or sexual history that has nothing to do with your case. This is a violation of your dignity. A good lawyer asks, 'How can I help you feel safe?'—not 'Tell me your secrets so I can judge you.' If they push you, you have the right to say, 'I will not discuss that as it is not relevant to this case.'
3. Locking the Record (The 'Opposition Move')
When a lawyer tries to quit because you caught them being lazy or mean, they will tell the Referee there was a 'communication breakdown.'
The Truth: It wasn't a breakdown; it was Negligence.
What to do: File an Affirmation in Opposition through the EDDS website.
The Result: This puts your story (and your proof) into the permanent court file. Even if they leave the case, they leave with a 'Mark of Truth' on the record that the next lawyer and the judge will see.
4. Who to Call for Help
If an attorney treats you poorly, you are not alone. There are 'Watchdogs' for this:
The Attorney Grievance Committee: Report them here to protect their next client.
The Inspector General (NYS Courts): For misconduct within the court system.
18-B (Assigned Counsel): If the state is paying for the lawyer, tell their bosses they aren't doing the job.
Final Verdict:
'Professionalism is not just about a law degree; it is about Care, Concern, and Calculation. If an attorney lacks the bandwidth to follow the law and the heart to respect your boundaries, they should not be practicing. Use your voice, use the EDDS system, and never let a 'lazy' advocate silence your right to safety.'"