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I want to know if I can sue a Best Interest Attorney based…

Customer Question
I want to know...

I want to know if I can sue a Best Interest Attorney based on her decision of which she stated that she did not want to be on the case to another professional.

Lawyer's Assistant: What steps has she taken? Has she filed any papers in family court?

Yes. She recommended that the eldest child remain with the dad who was charged with neglect of which she was aware and since her decision of which she recommended to the judge, the eldest has been using drugs, failing in school and coercing the younger child to use drugs. Moreover, there was iron clad proof of child pornography going on in the dad's house who was also arrested for Domestic Violence.

Lawyer's Assistant: Family law varies by state. What state is she in?

Maryland

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. but will I have to pay for anything?

Submitted: 3 months ago.Category: Family Law
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Answered in 6 hours by:
4/1/2018
Family Lawyer: Attorney Wendy, Lawyer replied 3 months ago
Attorney Wendy
Category: Family Law
Satisfied Customers: 1,193
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. In Maryland, an attorney appointed to represent the best interests of a child can be sued for malpractice if that attorney failed to represent the interests of his client - the child. The lawsuit, however, could not be filed by you on your behalf, but must be filed by or on behalf of the child the attorney was appointed to represent. And, the lawsuit also would not be based on making the wrong decision but would have to be based on a failure to fulfill a duty to the client/child. One court case dealing with this issue can be found here:

https://legalmalpracticelawreview.lexblogplatformthree.com/wp-content/uploads/sites/271/2011/07/fox1.pdf

Though it is full of a lot of legal discussion, a review of this court decision may help you determine if the facts in your situation are similar or not to this case.

A lawsuit of this kind will be difficult, but not impossible. So you may want to consider consulting with a local attorney to help you evaluate the best course of action to address the wellbeing of the children involved to see if this type of action or some other action or both may be advisable.

I hope this information is helpful. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Family Lawyer: Attorney Wendy, Lawyer replied 3 months ago

Happy Friday. I just wanted to check back with you to see if you needed any further assistance.

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Attorney Wendy, Lawyer
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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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