That particular subplot feels to me as if she was trying so hard to make them 'uncool' that she made them unrealistic instead. And while for a number of reasons an authors own characters can't be technically OOC, the Malfoys are, here. Things just don't add up. I've read a number of fics where they ended up as a third side, their own side, against V but not with the Order, and well. I can perfectly see that. It's believable. It makes sense. It fits in with who we've seen them to be. Lucius? Taking pointless abuse for no aparent reason or profit for months and not doing anything? I bet he barely took his tea a fraction of a degree colder than he prefers it; he is just NOT a taker, a brainless object of abuse. I read the book and kept waiting for the turing, and when it never came, I was all 'Huh?' The Malfoys are not Gryffindors, they won't make a very vocal and glass-transparent decision and rush in with wands at the ready by Harry's side. But they won't just lie about like that, either.

I read people being very indignant about how Draco told the DE he's on his side. What did you expect, I ask? That's maybe the sole Malfoy moment in the entire book. I applauded him. It made me finish the story with some of my belief returned to me.