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Thoughts on Issues with a Lawyer Guardian Ad-Litemin Matters of Child Custody
Doug DanteDougDante1@yahoo.com May 19, 2009I'm not a lawyer and this is not legal advice.Upon receipt of a recommendation from an LGAL with which I disagreed, I wouldseek competent legal help for myself if I had not done so already.With my lawyer, I might seek to suppress the content of this motion on thegrounds that it is a "recommendation" , and that it may not be admitted intoevidence without my stipulation to the admission of the report, and I don'tstipulate to its admission:
MCL 722.24:"(3) In a proceeding in which a lawyer-guardian ad litem represents achild, he or she may file a written report and recommendation. Thecourt may read the report and recommendation. The court shall not,however, admit the report and recommendation into evidence unlessall parties stipulate the admission. The parties may make use of thereport and recommendation for purposes of a settlement conference."http://legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-722-24 
Unfortunately, there have been some reports that some LGALs have betrayedtheir minor clients by accepting secret instructions from the judge to recommendor act in one way or another. Since the judge often has control of their income, inone way or another, some LGALs may be inclined to act on behalf of the court,violating their duties to their minor clients. This is just a general link regarding the fact that lawyers and judges are mandatedreporters of legal ethics:
http://www.scribd.com/doc/2618443/YOU-are-a-mandated-reporter 
And a reminder that the court has a financial conflict of interest in child custodymatters:
http://www.scribd.com/doc/630611/A-Quick-Summary-of-Title-IVD-Funding-and-Incentives
 
If I were you, I would discuss with my lawyer demanding that I be allowed toask the LGAL questions under oath, because of the LGAL's conflict of interests, and because of my fourteenth amendment due process rights tothe care and custody of my child. I would also review the Michigan (lawyer)Rules of Professional Conduct and quiz the LGAL about anything that I feel isquestionable:
http://www.law.Cornell.edu/ethics/mi/code/ 
Questions could include:
Who is your client? (The child)Did you speak with your client regarding this issue?What, if any, communications did you have regarding this case withthe judge or any other interested parties who were not your client?(Ask in detail about each person and contact)Did the judge or anyone else besides your client instruct you or encourage you to take or not take any action in your representationof your client?Do you feel any pressure from the judge or anyone else to take or not take any action in your representation of your client?In the past, did any judge or anyone else who is not your client ever express to you any pressure to act or not act in a certain way in your representation of any child client?Did the judge or anyone else who is not your client express concernsthat your actions or inactions in representing children could have afinancial impact on the court, the Friend of the Court, or any person or institution? Are you aware of any impact that your actions or inactions as an LGALmay have on the court, the friend of the court, or any other institutionconnected with the judiciary? Are you aware of Title IV-D funding?(If yes) How is the cost or benefits to the court or government of thechild effected by your decisions as his/her lawyer?(I might ask my lawyer to consider asking follow ups here or later toclarify any previous answers)
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SLAVEFATHER

Unfortunately same things are going on in Brooklyn Family Court

reply01 / 29 / 2011
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