Q: My attorney did not inform me that there would be witnesses at the hearing including the custody evaluator
My attorney did not provide correct evidence regarding the child abuse my child has suffered and confirmed by Tx children’s child abuse clinic. Also , my attorney has a friend at the law firm that represents my ex and the friend was my ex’s initial contact. Also, for my deposition I was told by my attorney that I wouldn’t have to go to opposing counsels law firm that it would be at my attorneys office the county where the case is. I was never given notice by my attorney to object to going to my ex’s law firm which is 2 hours away from
Where I live. My attorney told me I didn’t have a choice and I had to go. Does any of this seem legal and malpractice for not representing a client properly?
A:
It doesn't appear to be "malpractice." That being said, an attorney should take into consideration the legal naivete of a client and should fully inform the client about what to expect. A person who has never had experience with the legal system and does not watch television or movies simply might not know that witnesses would be testifying at a hearing. But the client is not "harmed" by witnesses testifying because the client does not have to prepare to address the other witness's testimony. That's the attorney's job.
Depositions are routinely held at the offices of attorneys. As a professional courtesy, most attorneys will agree to take a party's deposition at the offices of that party's attorney. But that is not legally required. At some point in time, you obviously found out that you would have to go to the other attorney's office for your deposition. So, how were you "harmed" beyond having to drive a little farther. That additional time and gas is not the type of harm that would support a claim for legal malpractice.
As the client, you may fire your attorney and hire another one to represent you if you feel that your attorney is not competently representing you. In searching for a new attorney, you should be sure to inform prospective hirees that you are a novice to legal proceedings and need a lot more attention than a more legally sophisticated client. You might share that you felt ambushed at the hearing because your attorney did not you that it was going to be a hearing at which witnesses would be testifying. As a result, you were unprepared and could have provided better assistance to the attorney to prepare for those witness's testimony. Realize that might require you to pay a little more for legal services because the attorney will have to spend more time with you than with the average client.
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