Legal Question in Family Law in Pennsylvania
malpractice for custody case
I am currently involved in a custody battle for my 2 sons who want to live with me. Their mother is physically and mentally abusive, I had all the info to prove this in court. My atty did no preperation, billed me for several hours of preperation, had ME write what questions I wanted asked & did not present over half of the vital evidence, and refused to ask half of the questions I wrote for him to ask. I have a 16 year old that could testify to the physical & mental abuse, yet my son told me that in the camera interview, my atty asked nothing about it & did not give my son the chance to say anything he wanted to say. I have since fired him & I am filing a disciplinary action against him, but he is now sueing me for the remainder of his bill, I would like any info I can get on , not only winning that case, but sueing him for the 10-11,000 I have already paid him.
1 Answer from Attorneys
Re: malpractice for custody case
The major hurdle every malpractice case has whether it was medical or legal malpractice is that you need a certificate of merit from in your case another lawyer.
Pretty surprising he is suing you for the fee as generally the response is a counter-suit for malpractice.
It would be in your counter-suit for malpractice where you would be asking for your money back.
{John}