Law Offices of Daniele Johnson, LLC

Call now: 470-746-6485

Make a Payment
  • Home
  • Your Legal Team
    • Daniele C. Johnson, Esq.
    • Maria Sanjurjo
    • Catherine Gonzales
  • Practice Areas
    • Family Law Services
      • Divorce Overview
        • High – Asset Divorce
        • Military Divorces
        • Property Division
        • Spousal Support / Alimony
        • How Long Does Divorce Typically Take In Georgia?
      • Legal Separation
      • Child Custody And Visitation
        • Co – Parenting Issues
        • Grandparent Visitation
        • Establishing Paternity And Legitimation In Georgia
        • Parental Relocation And Custody
      • Child Support
      • Adoption
      • Domestic Violence
      • Prenuptial And Postnuptial Agreements
    • Guardian Ad Litem
  • Client Success Stories
    • Testimonials
    • Case Results
  • Blog
  • Contact
  • FAQ
  • Rate, Fees & Billing Practices
  • En Español
  • Home
  • Your Legal Team
    • Daniele C. Johnson, Esq.
    • Maria Sanjurjo
    • Catherine Gonzales
  • Practice Areas
    • Family Law Services
      • Divorce Overview
        • High – Asset Divorce
        • Military Divorces
        • Property Division
        • Spousal Support / Alimony
        • How Long Does Divorce Typically Take In Georgia?
      • Legal Separation
      • Child Custody And Visitation
        • Co – Parenting Issues
        • Grandparent Visitation
        • Establishing Paternity And Legitimation In Georgia
        • Parental Relocation And Custody
      • Child Support
      • Adoption
      • Domestic Violence
      • Prenuptial And Postnuptial Agreements
    • Guardian Ad Litem
  • Client Success Stories
    • Testimonials
    • Case Results
  • Blog
  • Contact
  • FAQ
  • Rate, Fees & Billing Practices
  • En Español
Law Offices of Daniele Johnson, LLC
  • Home
  • Your Legal Team
    • Daniele C. Johnson, Esq.
    • Maria Sanjurjo
    • Catherine Gonzales
  • Practice Areas
    • Family Law Services
      • Divorce Overview
        • High – Asset Divorce
        • Military Divorces
        • Property Division
        • Spousal Support / Alimony
        • How Long Does Divorce Typically Take In Georgia?
      • Legal Separation
      • Child Custody And Visitation
        • Co – Parenting Issues
        • Grandparent Visitation
        • Establishing Paternity And Legitimation In Georgia
        • Parental Relocation And Custody
      • Child Support
      • Adoption
      • Domestic Violence
      • Prenuptial And Postnuptial Agreements
    • Guardian Ad Litem
  • Client Success Stories
    • Testimonials
    • Case Results
  • Blog
  • Contact
  • FAQ
  • Rate, Fees & Billing Practices
  • En Español
Email

 Call

Make a Payment
Excellence at Work for You.
Daniele C. Johnson Esq.
  1. Home
  2.  | 
  3. Firm News
  4.  | 
  5. Guardian Ad Litem’s Rules Of Professional Conduct

Guardian Ad Litem’s Rules Of Professional Conduct

On Behalf of Law Offices of Daniele Johnson, LLC | Jul 21, 2014 | Firm News

I was recently the lead counsel in a 3-day custody trial. Unfortunately, the opposing attorney and I could not agree on a guardian ad litem (GAL). Accordingly, the Court randomly selected one for us.

Over 1 year later, without any word from the GAL and the GAL failing to respond to my phones calls and letters requesting the status of her investigation, I contacted the Court and got a court date. Three weeks immediately prior to that date, the GAL finally started to “investigate” the case. The investigation was incomplete, sloppy, and obviously rushed. The report was one-sided and riddled with inaccurate statements.

Prior to the report coming out, I had already spoken to the witnesses, including the child’s teachers. I was shocked to read the statements allegedly made by these witnesses, as they were inconsistent with what the witnesses had told me. I was compelled to serve them with subpoenas and they all appeared in court to testify. In short, these witnesses testified under oath that the report was just plain wrong. The GAL had twisted their words and actually fabricated statements. After a three-hour cross examination of the GAL, it was obvious that she had a personal agenda against my client, and, possibly, me.

At the conclusion of the trial, my client asked if there was anything we can do about the GAL, such as, filing a grievance with the State Bar of Georgia. I pondered the idea for a couple of days and actually read the rules of professional conduct. I concluded that the rules do not apply to GALs. Shortly after that conversation, I attended my mandatory GAL training in Cobb County. Ironically, the State Bar of Georgia had someone speak to the group about professional conduct as a GAL. I posed the question to that individual, “was I correct in concluding that the rules do not apply to GAL’s”. I was told that I was correct. She went on to say that I probably saved my client a lot of frustration by advising him to drop the issue. The Bar apparently receives several grievances from parents against GALs and, because they do not have an attorney-client relationship, there is nothing the Bar can do.

I am amazed by that conclusion. I recently visited the State Bar’s website and reviewed a few of the public reprimands of attorneys. Apparently, attorney’s can be subject to sanctions for failing to pay their mandatory bar dues; failing to return phone calls from clients; and failing to diligently represent clients in Court. It makes no sense to me that a guardian ad litem cannot be sanctioned in some form for failing to competently investigate a child custody matter and accurately reporting to the Court. In my opinion, failing to do so amounts to the GAL failing to represent the true client in these custody cases, the children.

It is shameful that GALs can avoid this responsibility/liability on the premise that, technically, that they do not represent the children. They are appointed to represent “the best interest of the children”. This is an obviously flaw in the system that needs to be fixed.

Recent Posts

  • Selecting Your Arbitrator In A Domestic Arbitration Case 
  • After Your Domestic Arbitration Case Is Over
  • How Does The Process For Hiring A Domestic Violence Attorney Work
  • Family Law Attorney In Atlanta, GA What To Look For
  • What To Look For When Choosing The Best Divorce Lawyer In Atlanta

Archives

  • August 2023
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • January 2018
  • September 2017
  • May 2017
  • March 2017
  • September 2014
  • July 2014
  • February 2014
  • January 2014
  • August 2013
  • May 2013
  • April 2013
  • February 2013
  • January 2013
  • October 2012
  • September 2012

Categories

  • Firm News

RSS Feed

Subscribe To This Blog’s Feed

When you hire Ms. Johnson, she will help you make sensible decisions and work for the most favorable outcome.

Protecting What Matters Most To You

Start your planning now.

Law Offices of Daniele Johnson, LLC

Contact The Office

Phone: 470-746-6485

Para Español

 

Phone:
470 926 0774

Office Location

707 Whitlock Avenue
Suite E17 Unit 2
Marietta, GA 30064
Marietta & Metro-Atlanta Family Law Office
Review The Firm
Maria Sanjurjo

© 2025 Law Offices of Daniele Johnson, LLC • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw