judge told my lawyer what he cannot argue in court

How do you argue with a judge?

Arguing with the judge is the equivalent of telling the judge you think he or she is an idiot. Instead, think of your presentation as a “discussion” about the law.

How to deal with a difficult judge as a lawyer?

In other words, make sure that your clients understand that they aren’t in court to argue their case; that’s your job. Before we cover the various types of difficulties you may encounter, here are the two most important tips for dealing with a difficult judge: Be calm, cool, and collect.

Can a judge ignore a law without reason?

Remember a judge is always under oath in the courtroom, Citing invalid laws or precedents. This is extremely hard to catch if you’re not prepared to discuss these topics, Ignoring certain laws or precedents. This is more unusual because a judge typically can’t ignore a law without explaining why.

Can a judge deny you an opportunity to present your case?

Rarely will a judge deny you this opportunity, so stay calm and present your case. Although being a judge is all about making decisions, some judges can’t seem to make up their minds. Also, this type of judge may take an opportunity to “kick-the-can” to another judge by holding off on a decision.

How do you handle a biased judge?

There are several different options you can pursue if you feel a judge has acted in an unfair way, and each navigates a slightly different path.Request Recusal.File Appeal to Send Decision to a Higher Court.File a Motion for Reconsideration.File a Grievance on the Basis of Unethical Behavior.

Can a judge insult you?

The state supreme court rejected this First Amendment defense in its Aug. 5 opinion in In the Matter of Eiler, writing that “judges do not have a right to use rude, demeaning, and condescending speech toward litigants.”

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.

Do judges have to explain their decisions?

In civil cases, judges would resolve business disputes, and determine personal responsibility for accidents, without explanation. In criminal cases judges would make important rulings regarding a defendant's constitutional rights without stating a basis for the decision.

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.

What happens if a judge is unfair?

In a matter of any grievance relating to delay in judgement or not a fair judgement or miscarriage of Justice, the petitioner is suggested to go for judicial remedy by making an appeal or any other events before the appropriate Court of Law within the allotted time limit.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

What is it called when a lawyer doesn't do his job?

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.

Can I sue a lawyer for lying?

No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.

Do judges have to give reasons?

There is no obligation on a judge to give his or her reasoning for their decision immediately following the hearing.

Do judges regret their decisions?

What percentage of judges have ever regretted a ruling? Our November Question of the Month asked NJC alumni if they have ever regretted one of their rulings. Nearly 80 percent of the 464 judges who responded said yes.

Can a judge do whatever they want?

Because judges have no accountability, they can do whatever they please. Judges are the only public officials with no accountability, and they want to keep it that way. The fact that we allow judges to indulge their whims is our collective shame.

What is perjury in law?

In general lawyers are immune from what they say in the courtroom while representing a client. Perjury is when a witness not a lawyer is testifying falsely. A lawyer however can be sanctioned for misrepresenting facts to... 1 found this answer helpful. found this helpful. | 0 lawyers agree. Undo Vote. Helpful.

What is a lawyer considered?

For the most part lawyers are considered advocates for their clients. They are expected to argue their client's side of the case.Many times what lay people consider perjury the court does not. In general lawyers are immune from what they say in the courtroom while representing a client. Perjury is when a witness not a lawyer is testifying falsely. A lawyer however can be sanctioned for misrepresenting facts to...

What is excluded from the right to complain about judicial misconduct?

Excluded from the right to complain about judicial misconduct is the poor or wrong decision making of a federal judge. The remedy for such a situation lies in the right to an appeal, not complaining about judicial misconduct.

Why is it so hard to prove judicial misconduct?

This can especially difficult for average citizens because the rules that must be watched are procedural rules which, frankly, most people find tedious to learn.

Why do judges brush aside motions?

Being familiar with these rules, however, can help prove judicial misconduct because a corrupt judge has to brush aside all motions in order to reach the corrupt judge’s predetermined outcome. The motions, however, are there to ensure fairness by allowing a party to ask for additional hearings or other outside factors.

Why is it unusual for a judge to ignore a law?

Ignoring certain laws or precedents. This is more unusual because a judge typically can’t ignore a law without explaining why. The judge would have to break two rules in order to accomplish this one.

What does a special committee do?

The special committee will take the findings of their investigation and submit a report to a pre-established Judicial Council in the district. Finally, the Judicial Council will make the decision about what steps should be taken to remedy any judicial misconduct.

How can a corrupt judge abuse the law?

There are some ways a corrupt judge may abuse the law he or she is suppose to uphold: Lying under oath. Remember a judge is always under oath in the courtroom, Citing invalid laws or precedents. This is extremely hard to catch if you’re not prepared to discuss these topics, Ignoring certain laws or precedents.

Can a pro se litigant ask a judge to recuse himself from a case?

Although an attorney or pro se litigant may ask a judge to recuse himself from the case, there should be substantial evidence for judicial conflict of interest because the judge in question has the right to sustain or dismiss the motion. The recusal motion may have to be appealed when the trial is over.

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 bring your client to court?

Bring Your Client to 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.

How to address a judge without argument?

If the client has to speak to the judge, make sure they understand to stand up, address the judge as “sir” or “m’am,” and to directly answer the judge’s questions without argument. In other words, make sure that your clients understand that they aren’t in court to argue their case; that’s your job.

What to do if a judge cuts you off?

If the judge seems determined to cut you off, politely ask for an opportunity to be heard. Rarely will a judge deny you this opportunity, so stay calm and present your case.

What happens if you lose your cool in court?

If you lose your cool in the courtroom, and the judge loses whatever respect he or she may have for you, then you will have set a negative tone for all future appearances in this judge’s courtroom. In the end, you can’t control how a judge behaves; you can only control yourself by being professional and courteous.

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.

Can a judge make up their mind?

Although being a judge is all about making decisions, some judges can’t seem to make up their minds. Also, this type of judge may take an opportunity to “kick-the-can” to another judge by holding off on a decision. In this scenario, your best bet is to offer the judge a clear, uncomplicated solution to the problem.

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When you hire and have obtained a legal advocate to represent you, there are a number of expectations in making your decision and reasons why you choose to stay with that attorney. However, a large variety of disputes and conflicts can arise if they fail to provide the level of assistance you expect.

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Your lawyer should not say a phrase that is not true or is a lie. It is important for you to state a clear explanation of the facts in front of the judge, jury, or anyone else like the court reporter. I think that having good legal counsel on your side helps you find peace instead of fire.

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What is 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. The petition must be filed with the circuit clerk with proof of service on all other parties to the district-court action.

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.

How will the error affect the case outcome?

How will the error affect the case's outcome? If a ruling is in doubt, it's best to err on the side of caution: assume every ruling will have an impact on every aspect of the case, from discovery boundaries to use of expert witnesses or the manner in which evidence will be presented at trial.

What to do if you question a ruling in court?

If you question a ruling against you within court, you may ask the court's permission to brief any issue before a ruling is handed down.

How many pages are required for a court order?

Except by the court's permission, a paper must not exceed 20 pages, exclusive of the disclosure statement, the proof of service, and the accompanying documents required by Rule 5 (b) (1) (E).

Can a judge's misunderstanding be remedied?

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. In these circumstances, the rules provide for an interlocutory appeal. Interlocutory appeal is a tool that circumvents waiting for the final decision of the district court, ...

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.