A best interest attorney is an attorney who represents the best interests of a child or other person who cannot represent themselves. The attorney's role is to advocate for the individual's best interests, and to ensure that their rights are protected. The attorney may also provide legal guidance and support to the individual's family.
What happens if the parties cannot agree on a best interest attorney?
If the parties cannot agree on a best interest attorney, the court will appoint one. The best interest attorney represents the child's best interests in any custody or visitation proceeding.
Can a best interest attorney be held liable for damages?
There is no definitive answer to this question as it would depend on the specific facts and circumstances of each case. However, in general, a best interest attorney could potentially be held liable for damages if it is shown that the attorney acted negligently or recklessly in handling the case, or if the attorney breached their duty to the client. If it can be proven that the attorney’s actions (or lack thereof) caused harm to the client, then the attorney could be held liable in a civil lawsuit.
Frequently Asked Questions
What is a lawyer’s obligation to their client?
A lawyer’s obligation to their client is to provide professional advice that is in the best interests of their client. This means that a lawyer must exercise reasonable care, skill and knowledge in providing legal services.
What makes a lawyer a reasonable lawyer?
The reasonable lawyer standard requires lawyers to meet a high bar and go beyond what is required of other professionals in order to protect their clients’ best interests. A number of factors come into play when gauging whether a lawyer has met this standard, including the time pressure under which they operate, the complexity of the case, the nature of their client's instructions, and their own experience and sophistication.
Is your lawyer an insurance police?
No, your lawyer is not an insurance police if you ignore their advice. This reality is highlighted by the recent Superior Court of Justice case of Marcus v Cochrane. In that case, the lawyer, Ms. Cochrane, was acting for Ms. Marcus during her divorce. Ms. Cochrane advised Ms. Marcus to get divorced and to pursue nominal damages in court based on her beliefs that she would not be able to win on a full damage claim given her husband's income and assets. However, Ms. Marcus disregarded Ms. Cochrane's advice and instead pursued a full damage claim, which ultimately led to her successful outcome in the court case.
What is the role of a family lawyer?
The role of a family lawyer is to provide their client with the best possible advice and to explain the risks and advantages associated with each and every available course of action. At Dale Streiman Law LLP, we rely upon the considerable expertise that our lawyers have gained over decades of practicing family law. Our lawyers will work diligently to ensure that you understand your legal rights and options and will work diligently to protect these rights on your behalf.
What are the duties of a lawyer to a client?
The main duties of a lawyer to a client are fiduciary duty, the duty of care and the duty of confidentiality.
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