how to get my lawyer in trouble with the judge

If your lawyer doesn't seem to be working on your case, sending a polite but firm letter laying out your concerns should get your lawyer's attention. Don't threaten to file a malpractice lawsuit or complain to the bar association; such threats will probably make your lawyer angry and defensive, not attentive.

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How to deal with a difficult judge as a lawyer?

Feb 24, 2012 · By hiring a new attorney willing to step in without seeking any continuance. That is going to be a problem solved by money. If the judge denied you the PD, that is not going to change, and you have to get private counsel, or reconcile with the current attorney. Report Abuse AS Anthony Sessa (Unclaimed Profile) Update Your Profile

What to do if a judge is hostile to your case?

Oct 27, 2014 · Advocate by pointing out any contradictions the judge’s ruling may have with legal precedent and the practical impact the court’s ruling may have on your case and other similar cases. When you’ve made your points (and your record), quit before the judge turns angry or …

Can a lawyer ask to try a case in front of Judge?

If your objection results in a questionable ruling by the court, make a record of it with an offer of proof to preserve the record for appeal and move forward. Unfortunately, there are times when a judge's misunderstanding or misapplication of the law is material but the issue cannot be remedied via a later appeal.

What are the disadvantages of being a lawyer in court?

Oct 01, 2010 · Mr. Warden's solution is probably the best way to go. Write the letter and give it to the attorney who handled your boyfriend's case. The judge will not speak to you about your boyfriend's case - they are not allowed to.

What is the most common complaint against lawyers?

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.

What is unethical for a lawyer?

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 ...

What are common ethical violations of a judge?

Common complaints of ethical misconduct include improper demeanour; failure to properly disqualify when the judge has a conflict of interest; engaging in ex parte communication and failure to execute their judicial duties in a timely fashion. Behaviour outside of the courtroom can also be at issue.

What are examples of ethics violations?

Ethics violations such as discrimination, safety violations, poor working conditions and releasing proprietary information are other examples. Situations such as bribery, forgery and theft, while certainly ethically improper, cross over into criminal activity and are often dealt with outside the company.Aug 14, 2015

What to say to a judge?

There a certain things you should never say to or ask of any judge. These items are “fighting words” for any judge and will only serve to make things more difficult in the courtroom: 1 “With all due respect your honor, blah blah blah . . . ” This statement comes across as tongue-in-cheek. When you use this phrase, the judge is likely to perceive you as defiant and that you are communicating that you have little to no respect for the judge. 2 “You’re wrong (or words to that effect)” Never, ever tell a judge that he or she is wrong or mistaken. Instead, respectfully tell the judge WHY he or she may be wrong or mistaken. 3 “Has your honor read (insert document here)?” If you ask a judge whether he or she has reviewed a particular exhibit, document, or pleading, you’re putting the judge on the spot. Even worse, your question may suggest that you believe the judge is unprepared. If the judge is unprepared, you’ll know the answer without ever asking this question! Instead of challenging the judge, simply direct the judge’s attention to the document, etc. in issue. 4 “I’m glad your honor asked me that question.” If you’re dealing with a difficult judge, then chances are you’re NOT glad, and the judge may know this too. Your subjective “feelings” about what is going on in the courtroom are best kept to yourself. Just answer the question without prefacing the answer with a comment that may come across as insincere.

How to prepare for court?

Prepare Your Client for Court. Help your client understand that you have no control on which judge will be appointed to preside over any hearings or the trial. Depending on the type of case, there may be different judges during different phases of the case. In some cases, a single judge is assigned throughout the case.

Why do you have to be in court?

Although many courtroom appearances and hearings can take place without your client’s presence , there are three main reasons to bring your client to court. First, you put a human face to the case instead of it being just another number on the docket. Second, the client can see how things unfold and know that you are doing all that you can to advance the client’s cause. Third, the client needs to know what he or she is up against, whether it is good or bad, by seeing the court in action. If you get a bad ruling in the client’s absence, it is too easy for the client to assume that somehow you dropped the ball or that the other side has a better advocate than you. The more the client understands first-hand what is happening in the courtroom, the better the client is able to make important decisions about settlement or whether to take the case to trial.

What happens if you overlook researching your judge's background?

If you overlook researching your judge’s personal and professional background, then you’re making a mistake that may negatively impact the outcome of your case.

Is it okay to use humor in court?

Having said that, using humor is a risky proposition especially if the judge has little to no sense of humor on or off of the bench. Your best bet is to avoid using humor at all. Humor can easily be taken as a sign of disrespect in the courtroom or that you aren’t taking the judge’s concerns seriously. Additionally, you leave yourself open for the judge to stop taking you or your client seriously.

Do judges help the other side?

In some situations, it may even appear that the judge is helping out the other side by examining your witnesses or making the other side’s arguments for them.

What is the meaning of "permission to appeal"?

(1) To request permission to appeal when an appeal is within the court of appeals' discretion, a party must file a petition for permission to appeal.

What is interlocutory appeal?

Interlocutory appeal is a tool that circumvents waiting for the final decision of the district court, instead allowing direct appeal to the appellate court while the action is pending. This practice point illustrates the operation of Federal Rules of Appellate Procedure 5.0, below. Rule 5. Appeal by Permission.

Nicole Quijano Valera

Mr. Warden's solution is probably the best way to go. Write the letter and give it to the attorney who handled your boyfriend's case. The judge will not speak to you about your boyfriend's case - they are not allowed to.#N#More

James Murray Warden

The judge will not discuss your boyfriend's case without the lawyer's involved. The best way to get your information before the judge is to write your information down in a letter, address it to "The Honorable Judge Presiding", and GIVE IT TO YOUR BOYFRIEND'S ATTORNEY to handle.

Andrew Michael Limberg

The judge will not communicate with you about your boyfriend's case outside of the courtroom. If you want to present information to the judge then you should work with his attorney in doing so.

To Change A Judge Before The Trial

Peremptory Disqualification - Case: Moore v. Alaska and Peremptory Challenge Step by Step

Other Considerations

Delay If Judge Is About To Be Rotated Off Of Case or Re-Focus Judge's Bias/Anger Against Other Side if possible

Formal Complaints

See Info From Alaska Judicial Commission. See examples: Gembala Complaint, Caught.net and Judicial Disciplinary Process .

If It Is Impossible To Change A Judge Before Trial

Making Record For Appeal And Preserving Objections: FRCP Rule 52 (or equivalent) Findings of Fact Conclusions of Law - if not mandated by local rules, file motion before trial requesting written Findings/Conclusion.

Identify And Publicly Expose Biased, Prejudiced And Corrupt Judges!

Early identification of a Bad Judge may be the single most important factor in your litigation. Once one notices a Judge is bad, you can practically guarantee it is only going to get worse. If it is too late to help in your own case, exposure helps prevent similar judicial abuse for subsequent litigants.

Related References

Caught.net Public List Of Judicial Misconduct and Abuses Of Power In Rhode Island and article Why Lawyers make Bad Judges

What to do if your lawyer doesn't work?

If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What to do if you are not satisfied with your lawyer?

If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.

Can you sue for legal malpractice?

If you want to sue for legal malpractice, do it as quickly as possible. A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument.

Does the state bar reimburse clients?

But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.

Why is my lawyer not returning my calls?

Reason #1: Your lawyer isn’t returning your calls. Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it. There’s no excuse for not returning phone ...

What do you need to know before hiring a personal injury lawyer?

Before you hire an attorney, you’ll sign a contract that sets forth the lawyer’s fees. Most personal injury lawyers work on a contingency basis, which means they get paid a percentage of the damages you receive. However, they’re also going to charge you for additional expenses that come up while the case is in process.

How to terminate a contract?

Hire a new lawyer first, and then fire the old one. Write a termination letter. Any time you modify or terminate a contract, it must be in writing.

What is zealous representation?

Your lawyer has a duty to pursue your legal action with zealous representation. That’s legal-speak for the concept that the lawyer should do everything that’s reasonably feasible to advocate for, or represent, their client. Almost every law student is taught about zealous representation in law school, but some might forget or become less motivated as the years go by.

Can a lawyer lie?

Your lawyer is also bound by the laws in your state and their code of ethics. You can’t expect them to lie, nor can you expect them to cover up evidence (or fabricate evidence). Doing so would put them in a position that could jeopardize their career, license, and reputation.

Can you return a phone call?

There’s no excuse for not returning phone calls or emails within a reasonable amount of time. Be aware that your calls might be returned by an assistant or paralegal — you might not always be able to get your lawyer on the phone.

How to get a good lawyer to take your case?

“If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.” This not only ensures that you understand your own needs, but it helps a good lawyer to ascertain whether he or she can actually help you. “We want the best clients too. Proving you’re organized and reliable helps us.”

Why is it important to approach a lawyer with honesty?

“ Winning cases can be lost because of a client who lies or exaggerates just as easily as because of a lawyer who tells the client what the client wants to hear instead of what is true.” So when dealing with attorneys, don’t just look for honesty—be honest.

What is a potential money pit?

When hiring an attorney, a potential money pit is “expenses” outside of the lawyer’s billable hours. Expenses include everything—copying and faxing costs, hiring expert witnesses, and even traveling via private jet, points out attorney Justin C. Roberts. Some lawyers don’t just pass the charges along; instead, they charge an additional percentage fee. Whatever their method, you need to know it up front so there won’t be any surprises when the bill arrives.

Do good lawyers always find every opportunity to keep a case from being decided by a judge?

“In my experience, a good lawyer always finds every opportunity to keep a case from being decided by a judge, and only relents on trying a case before the bench when all alternatives have been exhausted,” attorney, Jason Cruz says. “If a lawyer suggests they want to try the case in front of a judge, you should definitely speak with another lawyer before proceeding,”

Can you appeal a disability denial?

If you feel helpless when faced with an insurance denial, please know that you might be able to appeal with the help of a qualified lawyer, says David Himelfarb, attorney. Insurance companies routinely deny long-term disability claims, for example, particularly because it’s assumed that most people don’t have access to reputable attorneys to challenge the denial. “This is where intricate knowledge of the legal and insurance process, as well as the right team of experts to prove the claim, can reverse the odds.”

Do most cases settle outside the courtroom?

In choosing your attorney and your plan of action in resolving a dispute, it’s important to consider that despite what you see on television, most cases never see the inside of a courtroom. Typically, they’re settled outside the courtroom because of the time and expense involved, according to attorney Darren Heitner, author of How to Play the Game: What Every Sports Attorney Needs to Know.

What does a judge do in court?

Some of those include: Presiding over trials where they hear evidence, rule on motions and objections, instruct juries, and make rulings. Ruling on the admissibility of evidence. Presiding over hearings and ruling on motions. Researching the legal issues that are relevant to cases they are hearing.

Where do judges work?

Some judges work in state courts, where they hear cases pertaining to state laws. Federal judges decide matters of federal law. Within each state and the federal court system there are judges who hear matters of first impression and judges who hear and decide appeals. A judge has many duties. Some of those include:

What is the role of a judge?

What is a Judge’s Role? A judge’s role is to decide legal disputes. Judges are often lawyers, but it is not always a requirement. Some judges hear cases regarding a particular subject, like those who work in bankruptcy, probate, juvenile, or family court. Others preside over all criminal cases, while others hear civil disputes.

Do attorneys know the judges?

Attorneys who are frequently in court will know the judges and may be aware of any potential bias they may have that will impact your case. The judge assigned to your child custody case will be deciding very important issues for you and your family.

What is the job of a criminal judge?

In criminal cases judges typically oversee trials and make decisions regarding the admissibility of evidence, rule on motions, determine which witness es can testify, instruct the jury, and sentence defendants who are found guilty. ...

What is bench trial?

Bench trials are more common in civil trials, though the parties can request a jury trial. The judge has the same responsibilities in terms of ruling on motions, the admissibility of evidence, and ruling on objections.

What does the judge do at the conclusion of a trial?

At the conclusion of a trial where the judge found for the plaintiff, they also decide damages or other relief. In any trial the judge is the “trier of law,” meaning they make sure that everything that happens in the courtroom is done according to the law.