| I have always recognized the importance of rapport, | | | | likely event the criminal charges were dropped. The |
| good faith and mutual respect between a client and his | | | | fact that his attorney did not present him with this |
| her attorney. However, it was only very recently that | | | | opportunity suggested that, for some reason, she |
| I came to realize just how important they are, and how | | | | might have a different agenda than to serve my family |
| significantly the psychological aspect of the | | | | member's good faith interests. |
| attorney-client relationship may impact the ultimate | | | | In any event, at court, my family member's wife |
| outcome of a case. This realization only came to me | | | | offered to dismiss the restraining order as it pertained |
| after I had seen the unfortunate results that an | | | | to their daughter. On the other hand, she insisted that |
| otherwise well-qualified family law attorney obtained in | | | | my family member's time with their daughter be |
| handling a case for a close family member of mine. | | | | severely limited, including just three hours of monitored |
| I had referred my family member to an attorney who | | | | visitation every other day, for an indefinite period of |
| is a certified family law specialist, and who is listed as | | | | time. Despite the severity of the limited visitation, his |
| one of the 2009 Southern California Super Lawyers. I | | | | attorney opined that this was a "very good" offer, and |
| had been impressed by this attorney at a prior time, | | | | demanded that he accept it. In fact, she went so far |
| while she was representing a spouse in a divorce | | | | as to threaten to resign on the spot (while keeping the |
| against a client of mine. Although the details of my | | | | non-refundable $15,000 retainer), and leave him alone in |
| family member's situation were well within the scope | | | | court to finish representing himself in the hearing that |
| of my own practice, because of our family tie, I felt it | | | | day. Under duress, my family member agreed to the |
| would be unwise to represent him myself. | | | | proposal. He then fired his attorney, and retained new |
| My family member's case was challenging because, | | | | counsel the next day. |
| although he had always stayed at home as the | | | | I was shocked to learn of this result. My family |
| primary custodial parent of their three and one-half | | | | member told me that he felt as though his attorney |
| year old daughter, he was facing criminal domestic | | | | was representing his wife and not him. Both the |
| violence charges, and a domestic violence restraining | | | | manner in which the case was handled and the terms |
| order in civil court. His wife had taken over custody | | | | of the settlement caused me to believe that my family |
| temporarily, based on the charges. He insisted no | | | | member was indeed justified in feeling that way. This |
| violence had ever occurred, despite his wife's | | | | was a situation in which the mutual trust and respect |
| allegations. Based on my knowledge of both of them, I | | | | between attorney and client had been seriously |
| believed she had fabricated her story, in the hope of | | | | compromised. |
| having my family member be declared unfit as a | | | | I am convinced that my family member's attorney |
| parent, so that she could take primary custody and | | | | treated him poorly, and failed to properly represent him, |
| eventually move, with their daughter, to Oregon. | | | | because she believed the allegations that he was a |
| My family member retained the attorney I | | | | wife beater. With this bias, she treated him as if he |
| recommended, and paid her a $15,000 non-refundable | | | | were in fact, a criminal and likely to be violent toward |
| retainer. A few days later, she duly represented him in | | | | his wife and daughter in the future. Pressing him to |
| family law court with regard to the domestic violence | | | | accept the very limited custody arrangement was her |
| retaining order. Because of the possibility that the City | | | | way of advocating for them, over and above her own |
| Attorney would be filing criminal charges as well on the | | | | client, my family member. |
| domestic violence charge, my family member was | | | | Ironically, the criminal charges were indeed found to be |
| advised by his attorney not to testify in family court, | | | | fabricated only a week later, and the matter was |
| since the pending criminal matter signified that his | | | | dropped at the hearing in the City Attorney's Office. |
| statements could be used against him should he face | | | | This thoroughly exonerated my family member from |
| criminal charges, and his only recourse would have | | | | any culpability for the violence he'd been charged with. |
| been to plead the Fifth Amendment. | | | | Nevertheless, he'd had to pay the price for his own |
| Although his attorney's recommendation was | | | | attorney's bias. Had she believed in and respected him, |
| technically accurate, he had to forego the opportunity | | | | she might have advocated for him more diligently in |
| to testify on his own behalf. It would have been much | | | | the family law situation. |
| more in my family member's interests to obtain a | | | | In any event, the damage had been done. If my |
| continuance, since the hearing to determine whether to | | | | family member is able to have custody of his daughter |
| pursue the criminal matter was set for only a week | | | | restored to him the next time around, it will be far more |
| away. A week’s continuance of the restraining | | | | costly than if his original attorney had believed him and |
| order hearing would have afforded my family member | | | | represented him accordingly. |
| the possibility of returning to court and testify in the | | | | |