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I just completed a child support case in NC. The outcome was…

I just completed a child...
I just completed a child support case in NC. The outcome was extremely unfavorable to me which I attribute to the extremely poor performance of my attorney. His extreme disorganization of thought and action made it impossible for me to understand or contribute effectively in my own case. His standard answer to my repeated questions on my case was simply to state that he was the attorney with 40 years of experience and I needed to "trust" him and let him do his job.I know about my rights to appeal the decision. What I'd like to know is if there is a process to request a new hearing because of inadequate representation?
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Answered in 1 hour by:
3/21/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

N.C. Rules of Civil Procedure, Rule 60 allows a person to file a Motion for Relief from a Judgment or Order. The rule doesn't specifically talk about adequate representation, but one of the grounds is "mistake, inadvertence, or excusable neglect." People sometimes use that grounds as a request for relief if they can get the lawyer to admit making a mistake (and to write the motion). But it is also possible to explain to the judge that you relied upon your attorney and ask him to reopen the judgment because it is excusable to trust your lawyer's judgment in preparing the case.

You can also argue that the judgement should be set aside under reason 6, which is "Any other reason justifying relief from the operation of the judgment."

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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