What You Can Do About Biased Attorneys

Posted on August 1, 2013 by About The Children LLC — Leave a comment

Professional Bias

Today I thought we’d talk about bias not only in the court room but from people in the legal community in general and what you can do about it if you feel you have fallen victim to third party bias. Not being given a proper trial that is based on the facts rather than someone’s opinion is not only unfair, it’s unconstitutional. Whether you’ve gone through family before or not, feeling like the odds are stacked against you from the legal community can feel like you just can’t win your case and there is no hope; this couldn’t be farther from the truth. While it’s true that people who are friends with all the judges and attorneys in town may have an advantage over you, there are steps you can take to get around this kind of adversity. The legal system is set up so that it is impartial; meaning that the judge or your attorney should not choose a side or make up their mind about the case they are working on before they see all the facts; opinions shouldn’t come into play regarding the outcome of the case. After all, family law is driven by the facts of the case. So how do you know if the people involved in your case have a bias against you and your case? Here are some tips to answer these kinds of questions and what you can do about it so you can have a fair trial.

Fact vs. Opinion. The whole point of going to court over a legal issue is because you and your ex can’t come to an agreement out of court and the situation has escalated to the point where you each need to present your facts for your case to a judge that has intimate knowledge of family law and can make a decision based on the facts of the case that are given to him/her. It shouldn’t matter whether they think you’re a bad parent or that you’re a deadbeat or if they have some bias against single fathers as opposed to single mothers; it’s not their job to impose their personal opinions on the case, that is why they are in the professional position that they are in. As the petitioner or respondent in the case, it’s your job to gather as much evidence as possible as to why you should get the custody or visitation schedule that you are asking for.

What Can I Do About It? It can be disheartening to pay all the money to hire an attorney or be evaluated by a psychologist and come to the realization that they have something against you that falls under the category of prejudice. The next step is to go around this obstruction and finish your case so you can get your kids. If you find yourself with a biased attorney, one option is to contact someone else within the legal community. Odds are, they will know a little bit about the person you’re currently working with or at least be able to point you in the right direction. Another option is to go directly to the district attorney with your information and tell them that someone is not properly representing you. If they are practicing law in a less than professional manner it’s even possible to get them disbarred but that shouldn’t be a primary concern unless it’s an extreme situation, the goal is to get custody or visitation rights to your children not make someone lose their job. The good news is that the world is not against you and there is always hope. A good way to cover all your bases before something this happens is to do your research about who you’re working with. Before you start paying someone to help you with your family legal issue ask the right questions about their track record, look up history of past cases they’ve worked on and ask around the legal community about their professionalism and ability to properly interpret the facts of the case rather than their own opinions.

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