Legal Question in Family Law in New York

Law Guardian Malpractice

My children's law advocate decided against me. She never contacted our family councelor, and based her decision on my wife's therapist who had never met me and my children. 1 1/2 years later she called the councelor, found out she knew her, and then decided to allow me overnight visitations. She never billed me even once, yet now is suing me for payment.

I would like to sue her for malpractice for depriving me of my children for a year by not speaking to the family couselor before making her decision. I lost my kids for a year because she didnt do her job. Also, she never contacted me, yet told my wife's attorney (whom she is friends with) she was taking me to court. She never notified me.

What are my rights. How can I pay someone who ruined my life by not doing her job?


Asked on 1/21/01, 11:25 am

1 Answer from Attorneys

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Law Guardian Malpractice

By definition, a Law Guardian cannot please everyone, although some come very close.

It may be possible to settle the LG's bill now. If not, you have the right to assert affirmative defenses and to counterclaim.

That will only cost money, with no guaranty of success.

Suggest you schedule a confidential attorney / client consultation with an experienced matrimonial attorney.

For more information, please see my web site.

www.BravermanLawFirm.com

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Answered on 2/16/01, 11:26 pm


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