Legal Malpractice I believe my attorney was intoxicated

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auntieof3

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This sounds crazy but I recently hired an attorney for a family law case. I am the guardian to my nephews and niece and the mother had taken us to court on a motion for visitation and won supervised visits on the first Sunday and third Sunday and 5th (of there is one) Sunday of the month for 3 hours. The first is our pick, third is hers and we alternate when there is a fifth. We are to notify the other in email 7 days prior to the visit and confirm within 3 days of the visit via email. Right after the order, I notified the mother that we had 2 coming conflicts for booked vacations and gave dates in which we could reschedule. I also called the court. For the very first visit, the mother did not notify me as to where the visit would be...I still the had the visit. After 4 visits, they filed a Motion for Contempt against me. At that point, I had made every visit except 1 (for my vacation) and made made and met for the rescheduled time. After the contempt motion, I felt I needed an attorney to help us because they were asking legal fees and mentioning reunification which I had never seen mentioned before in any court papers and would not support. I talked to 3 attorneys and picked one because she mentioned having gone through something similar herself.

We had a few meeting and I suspected something was off...she would repeated ask me the same questions, seemed to have a speech issue, and even forget my name or that I was the children's aunt (I do not look like a grandmother).

We had our hearing today and I think she did a poor job. She forgot our names again and misspoke about many facts. Worse, I could smell alcohol on her breath. It all made sense (the slurring, forgetting of facts, odd behavior). The judge took our case "under advisement" so I do not know if we won or lost but I highly suspect she was intoxicated and had been for our previous meetings and I was too nerved up to notice. When I got home, I googled her name with DUI and found that she had one at 6PM in 2009.

I really dont know what I should do. Should I file with the board? get another lawyer? Notify the court that we would like another court date to re-hear this issue? Wait until I get the order in the mail?

We have already been through so much raising 3 children not our own for 3 years. Dealing with issues of mom and dad, issues with the children and their problems due to years of abuse and neglect...an now this. It just seems all too much.

I would appreciate any help you might have.

Laurie

NH
 
You have many choices to make.

They are, however, YOUR choices.

I'll simply offer up some additional information for your decision mill.

You have correctly identified most, if not all of the options available to you.

I suggest you speak to other lawyers, sooner, rather than later.

The children and their custody appear to be your utmost concern.

So, make sure you don't get blind sided with an adverse ruling, retain another attorney immediately.

After the custody issues are resolved to your liking, you can then address what you want to do about the allegedly inebriated attorney.

Good luck.
 
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