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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111500
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My Lawyer did not told me he is going hearing custody and judge

Customer Question

My Lawyer did not told me he is going hearing custody and judge order visitation right.
I believe I have right to know everything about my case. this is va court.
and my lawyer knows my concern
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the VA rules of professional conduct, an attorney has a duty to inform their client of any material activity on their case. Thus, if a hearing was scheduled, the attorney was obligated to attempt to notify you (unless it was an emergency/ex parte hearing and they could not reasonably reach you in time) of that hearing and you had a legal right to appear.
If your attorney did not notify you and if your presence at the hearing could have caused the outcome of that hearing to be different, then you need to consider filing a complaint with the state bar against your attorney and seeking a new attorney to represent you and potentially even having a malpractice suit against the attorney for the damage that the attorney's failure to have you attend the hearing caused you.