the judge "you asked me once who the best lawyer

How do I answer questions from the judge or attorney?

When you are honest with the judge about activities you are capable of doing, you establish credibility, and credibility can make or break your case. 3. If you don’t understand a question, ask for it to be repeated. Take the time to ask the judge or your lawyer to rephrase a confusing or inelegantly worded question.

Do judges ask most of the questions during a hearing?

Bias or prejudice typically means the judge has acted or spoken in a way that prevents him or her from treating the party or attorney in a fair and impartial manner. Bias or Prejudice Concerning a Party or Attorney. If a judge is biased or prejudiced for or against a party or attorney, he cannot be fair and impartial in deciding the case.

Is the judge who presides over a case fair?

The judge will ask you to describe the problem between you and your lawyer. The judge will not help you make a compelling argument. (See Steps 7 and 8 to learn how to make the most compelling case.) Once you are through, the judge will turn to your lawyer and ask the lawyer to respond. The judge will then rule on your motion.

What should I do if I don’t understand a hearing question?

Oct 10, 2014 · The Judge: Directed by David Dobkin. With Robert Downey Jr., Robert Duvall, Vera Farmiga, Billy Bob Thornton. Big-city lawyer Hank Palmer returns to his childhood home where his father, the town's judge, is suspected of murder. Hank sets out to discover the truth and, along the way, reconnects with his estranged family.

What happens if a judge is biased?

If a judge is biased or prejudiced for or against a party or attorney, he cannot be fair and impartial in deciding the case. A party or attorney who believes such bias or prejudice exists must prove it with admissible evidence, and cannot base this belief on mere suspicion.

What is a judge's relationship with a party?

Judge's Relationship to a Party or Attorney. A judge's fairness and impartiality may be compromised when he or she has had a business or professional relationship with a party or attorney. In cases where the judge was a party's business partner or attorney, as well as in cases where the judge was a member of a law firm representing a party, ...

What is the principle of the American judiciary?

One of the key principles of the American judicial system is that the judge who presides over a case must be fair and impartial. In the vast majority of cases, the issue of the judge's fairness and impartiality never comes up. There are instances, however, when one of the parties in a civil case has reason to believe that ...

Can a judge be impartial?

Even a judge who is not serving as the finder of fact (i.e., when the case is to be decided by a jury) cannot be fair and impartial if he or she has personal knowledge of disputed facts, because the judge's evidentiary rulings (in pleadings and motions made by the parties) may be influenced by that knowledge.

Can a judge recuse himself?

In those situations, the judge will either recuse himself or the litigant will move to have the judge disqualified from presiding over the case. Let's look at some of the circumstances that may lead to a judge's recusal or disqualification.

How to work things out with your lawyer?

Try to Work Things Out with Your Current Lawyer First#N#Talk to your current lawyer and express your concerns candidly. Give your lawyer a chance to explain their views and the reason for their strategic choices. It is not uncommon for lawyers and clients to think differently about the case. You may be relieved to find out that your lawyer actually is working hard on your behalf. Your lawyer may be able to show you why your proposed approach would actually hurt your chances. If, after discussing the problem with your lawyer, you still have concerns or your lawyer refuses to discuss the issue with you, then take it to the next step.

Why is a lawyer considered an expert?

The reason for that is simple: the court deems your lawyer to be the expert about how best to protect your interest. The court will not treat you as if you are co-counsel with an equal voice on strategic calls. Your lawyer is responsible for making the strategic decision in the case.

What are the risks of a Marsden hearing?

Understand the Risks of Having a Marsden Hearing#N#There are many risks that you should consider before going forward. First, you are likely to lose - mostly because defendants are not usually well-prepared when describing the problems, lawyers are more experienced and know what to say to defend themselves, and the court may prefer to encourage you two to work your problems out. Second, if you lose, you are stuck with the same lawyer you've just publicly embarrassed. If you have a bad lawyer, they may be even more un likely to work hard on your behalf. (Note: If you have a decent lawyer whom you've misjudge, s/he will not hold a grudge. Good court-appointed lawyers understand that dealing with client frustrations are a part of the job.) Third - and, I think, the biggest risk - you may say something that would hurt your case in the future or eliminate defenses if your case goes to trial. See Step 9 for how to avoid hurting your case.

What to do if your lawyer fails?

If All Else Fails, Contact the State Bar Association#N#If the court denies your request for a new lawyer and there is no improvement in your lawyer's performance, you should consider filing a bar complaint before you are forced to go to trial with an ineffective and unprepared lawyer. IMPORTANT: You should only do this if you have a serious concern about your lawyer's representation. Filing a bar complaint will create a conflict of interest between you and your lawyer, requiring the court to provide new counsel. If you file a bogus complaint just to delay the trial, the judge is likely to get very annoyed.

What are the problems with getting a lawyer?

Understand Which Kind of Problems are Most Likely to Get You a New Lawyer#N#Three areas of concern: 1) significant breakdown in communication, 2) failure to investigate, 3) failure to file meritorious motions to exclude damaging evidence. COMMUNICATION: If there is an "irrevocable breakdown" (cannot be fixed) in atty/client relationship, you would be entitled to a new lawyer, so long as you did not cause it. Examples: persistent refusal to take your calls or to let you explain facts critical to your defense, won't explain strategic decisions or seek input, relationship has deteriorated so that the two of you cannot effectively communicate. INVESTIGATION: Lawyer has a responsibility to investigate your case, including interviewing witnesses, examining/testing physical evidence, consulting with appropriate experts, investigating credibility of state's witnesses, finding evidence to support your defense. SUPPRESSION MOTIONS: Lawyer must protect your rights and seek exclusion of damaging evidence unless there is a good strategic reason to fore go the motion.

What to do if your lawyer is not able to file a motion to suppress evidence?

If your complaint has to do with your lawyer's failure to file a motion to suppress evidence seized during an unlawful search, you want to avoid talking about any facts relating to your knowledge or possession of the items.

Why is filing a complaint with the bar important?

IMPORTANT: You should only do this if you have a serious concern about your lawyer's representation. Filing a bar complaint will create a conflict of interest between you and your lawyer, requiring the court to provide new counsel.

Storyline

Hank Palmer is a successful defense attorney in Chicago, who is getting a divorce. When his brother calls with the news that their mother has died, Hank returns to his childhood home to attend the funeral. Despite the brittle bond between Hank and the Judge, Hank must come to his father's aid and defend him in court.

Did you know

Someone rhetorically mentions Atticus Finch, a reference to To Kill a Mockingbird (1962), which was Robert Duvall 's screen debut, playing Arthur "Boo" Radley.

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.

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 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.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

How to get a probate in California?

No, in California you do not always have to go through the probate process. Some of these situations include: 1 If there is a living trust 2 Having a small estate 3 If designated beneficiaries are listed in life insurance and retirement accounts 4 If there was a joint tenancy, the joint tenant will get full ownership 5 If there was a Transfer on Death Deeds or Right of Survivorship, the surviving spouse would not need to go through the probate process

How to file a probate petition?

The first step in the probate procedure is to file a petition with the appropriate superior court where the decedent lived. If there is a will, this petition is usually filed by the executor. If no executor is assigned or there is no will, the petition can be filed by other possible beneficiaries.

What are the duties of a personal representative in probate?

These duties include, but are not limited to: If there is a will, contact all beneficiaries listed and give them notice of the probate process. Contact all known creditors.

What happens if there is no executor?

If no executor is assigned or there is no will, the petition can be filed by other possible beneficiaries. After this is filed with the court, a probate examiner will usually be assigned. This is a court staff member who will do the preliminary work on the decision to grant or deny the petition. If there are no major objections, a probate court ...

Why do you need a bond for a personal representative?

The judge may also require a bond on the personal representative to ensure that they do not cause any negligence to the decedent’s estate. The “Letters” establish the timeline for the rest of the probate process. They also recognize the legal personal representative of the estate.

How long do you have to file a claim in California?

This means that they will need to compile an inventory and monetary assessment of all probate property. Pay all creditors. In California, they have four months to make a claim after notice is filed in the newspaper.

What is personal property?

Personal property: Generally, movable property not attached to land. I need to go through the probate process. What are my next steps? If you need to go through a probate court hearing, there are several steps you will need to take.

Dan Eugene Chambers

I think lawyers know which judges will rule a certain way, and their personalities. I also think judges know which lawyers know what they are doing and which ones are complete clowns.

Anthony Allen Roach

I wholeheartedly agree with my esteemed colleagues. If you've been practicing for a long time in a particular county or courthouse, you can't help but get to know the judges and prosecutors. And reputation is paramount. The judges and prosecutors know the good attorneys and the screw-ups.

Joseph Salvatore Farina

Most criminal defense attorneys who have been practicing in a geographic area should have a rapport with the court staff, prosecuting agencies and judges. Like anything else credibility and reputation are helpful when representing a client in court.

Daniel Charles Leib

It can be both. Lawyers who have good working relationship and respect of the DA and/or Judge goes a long way to getting a favorable resolution. If a lawyer has that kind of relationship it is certainly a selling point.

Dorinda Jo Myers

Yes it helps, unless they don't like them! Criminal Defense is a "relationship" profession.

David S. Kestenbaum

Here's a secret: we all know each other. Knowing which judge does certain things on certain cases and which DA is more open to certain dispositions absolutely helps...

Joseph Briscoe Dane

It can work both ways. If the lawyer is respected by the DA and the judge, he or she will know how to approach them in the best possible way to get you the results you want. On the other hand, there are the lawyers who prosecutors and judges know, but...