Bad legal representation...

I believe my mother’s attorney is not providing her with adequate legal council. Currently my mom is going through a custody battle with her ex and twice her attorney has lied that she had spoken with the guardian ad litem when in fact she had only talked with her ex’s lawyer.

Both times what seems to be happening is that her ex’s lawyer calls her attorney claiming to have spoken to the guardian ad litem and that the guardian supports a new custody time table, when in fact this lawyer has either never spoken to her or she did not support the idea. My mother’s attorney completely buy’s into this and then calls my mother claiming that she talked with the guardian ad litem as well and thinks it’s a good idea. Then my mom contacts the guardian ad litem only to find out that neither party contacted the guardian or that she didn’t support whatever schedule was proposed.

I believe that this lawyer is trying to use my mom’s attorney against her. He is trying to prevent the case from going to court and, because he knows the guardian ad litem is on my mom’s side, he is trying to make a bad deal with my mom’s attorney.

I have no experience with court cases, but this attorney seems very shady. My mom is on a fixed income currently so she can’t switch attorneys. She is afraid if it does go to court her attorney will sabotage her. I know this forum doesn’t give legal advice, but has anyone been through a similar situation?

Just speaking in general terms, your mom’s attorney owes her a fiduciary duty and zealous representation. If her attorney has been misleading her, then she is in violation of her duty and can be disciplined by the state bar.

I would sit down with the attorney and voice my concerns. Tell her that you feel that “somebody” isn’t telling the truth, either her or the guardian ad litem, it’s disturbing you, and that you need a satisfactory resolution to the problem.

Why can’t she switch? Why not just fire the current attorney and the new guy can pick up were the old guy left off.