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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23977
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I was on heavy narcotics and recoving from major surgery

Customer Question

I was on heavy narcotics and recoving from major surgery during my divorce trial. Is my testimony valid or should I have been excused and if I should have not been forced to testify can I do anything about it?
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. I certainly understand the situation and your concern. Did you attorney know about this? Were you under the influence of medication and drugs during that time? Did you at any point not understand what you were testifying to and what was going on?
Customer: replied 1 year ago.
she never let the court know that I would not be showing in court the Ist day and I wasn't relased by my Dr.to leave the house and I hadn't seen him for my post op visit. We ended up having a telephonic appearance and I fell asleep. during it. I have the CD's of the trial and when listening to them I heard the judge fine my lawyer $250.00 for the hour of time she wasted for my ex's Lawyer. When I did get to testify I was on 360 mg. of Morphine 60- mg of roxycodone and 1600 mg Actique pops (fentenol) lolipops. When the other attorney was battering on the stand my lawyer was writting and never looked up or objected to anything that was being asked. Needless to say it cost me $110,000.00 to get rid of my husband who was as close to a pediphile as you can get and a internet sicko and he was sexually and physically abusive to me and son and he was also making 60k + a year and I was living on SSDI trying to raise my 15 year old disabled son. What do you think of this Jerry Spinger mess?
Expert:  FamilyAnswer replied 1 year ago.

Thank you for the additional information. If you just had surgery and were under the influence of drugs/medication and it prevented you from understanding what was going on and happening and testifying, then there could be grounds to appeal and vacate the findings. Your attorney should have spoken with you and made sure you were coherent and able to proceed. Moreover, a red flag should have been raised if you could not leave the home and had to appear by phone and just had surgery and were under the care of a doctor. The attorney should have waited until you were alert and aware. If you want to try and vacate the judgment and appeal, the burden would be on your to show that there was ineffective counsel, since they knew about this and allow you to still proceed and gave you bad advice and that you were under the influence of the medication and it effected your ability to know what was going on and what you were testifying to and your owners.

Customer: replied 1 year ago.
Can I do this through the lawyer compliants in my state and is there a statute of limitations on a issue like this?
Expert:  FamilyAnswer replied 1 year ago.

The complaint against the attorney will not result in the court taking action. It would subject the attorney to discipline, if evidence was present to support it and show they failed to act in your best interest. You always want to move fast on something like this, so acting timely is required, once you realized what happened. If a party waits 1 year before coming forward, it would be very odd that they would continue to comply with the court order and findings of the court and not do anything to prevent it

Expert:  FamilyAnswer replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!