My friend is involved in a child custody case. Her father is paying the bill. He is also very controlling and insists on being involved in every meeting. The father is also a witness who can be cross examined by the plaintiff. My friend has no clue what is going on because her father insists on making decisions for her and uses money for legal expenses against her so the outcome would be in his favor. I am considering filing a petition for intervention and asking the judge for a mistrial due to these issues and other issues. During the case, the lawyer failed to show for a very important hearing in which my friend was denied custody for a drug she has a prescription for. The plaintiffs also went against the court order three times since the temporary custody orders were given. One situation involved the plaintiff coming to a hearing high and tested positive for several street drugs. The plaintiff was ordered not to drive with the children but did. My friend's lawyer isn't doing anything about it. My friend asked for a summary judgement and has yet to get a response. But her father apparently got a response instead. Can someone please help me and tell me what can be done for her?
Your friend should talk to her attorney. If she is not happy with the responsiveness of her attorney, she can seek the advice of a new attorney and consider changing attorneys. It's clear that you want to help your friend. However, your friend needs to be the one to consult with the attorney so he or she can provide more details and copies of the pleadings in the case.
This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship.
You do not appear to have standing to intervene in any case. Your friend is the one who needs to take action regarding any attorney concerns and her representation. You can try to help her discharge the counsel and get other counsel. An attorney is beholden to the client, not to the person who paid the attorney.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
1. She can fire this attorney and hire her own attorney. If she is not so dissatisfied that she wants to foot her own legal bill--who are you to complain? If you are that upset lend or give her the $10-$20k plus she will need to hire her own attorney.
2. She is the Client and should make the decisions. She can discuss this with her attorney.
3. Your plan about filing an Intervention doesn't make sense based upon the limited facts provided. How do you have legal standing to sue about her child? It makes no sense to ask for a mistrial when there hasn't even been a trial. Requesting a mistrial is something you do DURING a jury trial because of irregularities that prejudice the outcome so much that it cannot be cured by an instruction from the Judge. You will likely get sanctioned (fined), and make matters much worse for her by divulging her confidences.
4. It is possible that she does not really want custody. It is hard for third-parties to accept sometimes that people don't always want what they give lip service to.
Accepting cases in Dallas, Denton, Collin and Tarrant Counties. THIS IS GENERAL ADVICE AND DOES NOT REPLACE A PERSONAL CONSULTATION WITH AN ATTORNEY AND DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP
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