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.
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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.
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.
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.
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