My attorney acted on my behalf today in a decision that I did not like what should I do??

Question

Divorce/child custody hearing this thursday and he is ok'd a mental eval for the custody and visitation recommendations also for the child to remain on the 3 on 3 off schedule between us which I think is bad since she is only 15months old.

Answer 1

Nothing is really OK'd until the judge says so at your hearing. Given you already have 3 on and 3 off the attorney may feel that the judge will maintain status quo and refuse any changes until the evals are completed, and that you will not likely win if you ask for more at this point. But if that is what you want make sure he/she asks for it though, because that is your decision to make.

Believe it or not, a good attorney can be a bit more rational and fair minded in custody disputes than parents are, and knows what the judge will and will not do, and may be giving you good advice.

Answer 2

A mental health evaluation is a common tool used in family law courts to determine the fitness of one or both of the parents to raise children. So agreeing to an evaluation doesn't necessarily raise any red flags.

But you are the client and the attorney is your representative. The attorney cannot ethically agree to resolve any issue/case without your consent. If the attorney truly subjected you to an evaluation process without your knowledge and consent, you should report that fact to the judge and the local bar association. If, on the other hand, your attorney advised the court of your objection and the court ordered the evaluation anyway in the best interests of the children, then there is no ethical problem.

Answer 3

Unless he consults you and you give permission, that would be violating ethical standards! A lot do it though because they are allowed to get away with it!

You cannot micro manage every piece of paper however, which you are supposed to be copied on! You did hire him as your attorney!

I can tell you from experience some lawyers will come flat out tell you that he decides the best action!

What you should do depends on you. If I liked him, and he was a good lawyer I would confront him and tell him no more decisions without your permission. If he does it again refer him to your state's commission that investigates such matters. The are usually found at your supreme court!

Usually the BAR investigates them like in Florida, or the Supreme Court investigates them like in Wisconsin!

Answer 4

Without being in the actual hearing and without knowing which state you live in (it matters), my guess is that the applicable law made it almost certain, or actually certain, the evaluation would be granted. There's no point fighting that. Fighting those cicumtstances is just a waste of your money, and possibly a reason to make you pay the other side's attorney's fees.

Answer 5

need more facts, the attorney can not sign off on a ple deal without your consent, but if we are talking a civil procedure pre discovery action maybe, but please a little bit more detail