If you are asking about the history of your case and whether such a motion was filed in the past, go to the clerk of the Circuit Court and review the court file... The best way to find out of your lawyer filed a motion...is to call the lawyer and ask him/her.
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One way to find court judgments in Florida is to visit the courthouse handling the particular case. Then, make an application requesting the records in writing from the clerk of the court, who issues the request form. Interested persons may find specific court locations on the Florida courts website.
When picking an attorney for any matter, at the very least you should search for reviews online and see what others have said. You can find reviews on Facebook, in popular directories and by simply Googling an attorney by his or her name. You should include the city to make sure you’ve got the right one – there are a lot of lawyers!
You can look at your state’s bar association website and search for that attorney by name or license number. Using Colorado as an example, the state Supreme Court provides a simple attorney search webpage that allows users to search by name or bar number. Results shows whether the attorney is active, inactive, suspended or disbarred.
Results shows whether the attorney is active, inactive, suspended or disbarred. Each state has a similar search function. The Florida Bar says that every year it opens 7,500 files to investigate possible misconduct of the 103,000 lawyers it regulates.
A motion, in its simplest form is a list of requests that you are asking the Court grant on your behalf. You, or your attorney on your behalf, will file a Notice of Motion which includes a list of requests for the court to rule upon.
Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.
Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.
A motion hearing is a hearing that is held in front of the judge after one of the lawyers in the case has filed a written request for the judge to do something. At the hearing, the lawyers will orally argue for or against the request, and in some cases, testimony will be taken regarding the issue.
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Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...
A Marsden motion is a formal request made by a criminal defendant to the court. The court hears arguments on the motion from the defendant and the attorney, without the presence of the prosecutor.
If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.
Dennis BeaverThe attorney does not return phone calls in a reasonable amount of time, and;In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.
The response must be filed within 10 days after service of the motion unless the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10- day period runs only if the court gives reasonable notice to the parties that it intends to act sooner.
A motion either requires a hearing or does not require a hearing, and the decision to hold a hearing on certain motions may be made by the judge on a case-by-case basis. You may request a hearing on your motion.
As a general principle, a motion asks a court to do something or to not do something. A "memorandum of law" or a "memorandum of points and authorities" "briefs" the court, i.e., explains to the court the legal authority, consisting of both decisional and statutory law, which supports the moving party's request.
It’s always awkward to ask, “So, when’s the last time you were suspended from practice?”
Each state has its own bar association that grants licenses to attorneys. These associations monitor and discipline lawyers, suspending or disbarring those who violate the code of ethics for that specific state.
When picking an attorney for any matter, at the very least you should search for reviews online and see what others have said.
No, generally you do not have to appear unless you intend to oppose the motion. You should check with your assigned judge's online information, or call their judicial assistant, to be sure though.
Probably not. These motions are routinely granted without the client being present, as long as the client receives notice of the motion. But each judge has his or her own procedures. You should call the judge's judicial assistant to learn if you need to appear. You should also be looking to hire new counsel.
Mr. Ronald L Born stein (Unclaimed Profile) No, generally you do not have to appear unless you intend to oppose the motion. You should check with your assigned judge's online information, or call their judicial assistant, to be sure though. * This will flag comments for moderators to take action.