You should seek other counsel immediately - before you fire your lawyer. New counsel may be able to substitute in and obtain another hearing date. Or, new counsel may be willing & able to get ready on time.
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Feb 24, 2012 · The judge does have the right to refuse allowing your present attorney from withdrawing from the case; however, he can refuse to appoint a public defender at this time. However you do have an absolute the right to replace your attorney with another private attorney.
Yes. If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.
Nov 04, 2018 · File an Appeal to Send the Issue to a Higher Court. A person who is unhappy with a judge's final ruling can also appeal the decision to a higher court. For example, if your case is in federal court for the District of New Jersey, you can appeal the judge's decision directly to the Third Circuit Court of Appeals.
Oct 11, 2009 · You should seek other counsel immediately - before you fire your lawyer. New counsel may be able to substitute in and obtain another hearing date. Or, new counsel may be willing & able to get ready on time. New counsel can notify old counsel about substituting in.
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 ...
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.
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.
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.
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.
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.
If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.
A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.
In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.
For example, a lawyer may not be involved in writing a will for a client who leaves the lawyer substantial money or property in that will. Keeping Clients’ Property. If a lawyer is holding a client’s money or property, it must be kept safely and separately from the lawyer’s own funds and belongings.
Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.
A lawyer must be loyal to his or her client. This means that a lawyer cannot represent two clients who are on opposite sides in the same or related lawsuits. And, ordinarily, there can be no representation of a client whose interests would conflict with the lawyer’s interests.
If you feel a judge is being unfair or is showing favoritism toward your opponent when it is not warranted, you can use the appellate process to have the decision reviewed, and you can also seek recusal or even disciplinary action.
A party to a lawsuit may ask a judge to voluntarily recuse, or remove, himself from a case if the party believes he has reason to question the judge’s impartiality. For example, a judge may recuse himself if he is friends with or relatives of a party who appears before his court, or if the party is a former client. A recusal is also appropriate if a judge's personal feelings may cloud his professional judgment. For example, a judge who loses a spouse because of a doctor's mistake may be unable to rule with fairness and impartiality on a similar medical malpractice case.
The appeal must be based on an assertion that the judge made an error in his fact finding or that he incorrectly applied the law to the facts. For example, a party may believe that a judge's ruling was unfair because the judge applied incorrect law, ignored evidence, expressed prejudice or appeared intoxicated during trial.
Judges are held to high legal and ethical standards . They must treat all people in their courtrooms with fairness and impartiality. Judges who show favoritism in court or who commit judicial errors that create unfair results face consequences.
Generally, the party must file the motion for reconsideration within a certain number of days after a judge makes an objectionable decision. You should contact your court about deadlines because they can vary from state to state and from court to court.
A judge must adhere to ethical codes of conduct, which requires him to treat people in his courts with dignity and fairness. Judges who behave rudely or who tilt decisions based on their personal interests or biases may be subject to professional discipline. A party may file a formal grievance against state or federal judges.
A person who is unhappy with a judge's final ruling can also appeal the decision to a higher court. For example, if your case is in federal court for the District of New Jersey, you can appeal the judge's decision directly to the Third Circuit Court of Appeals. If your case is in state court, your state's court system will have an appellate court ...
It's hard to say. Whether or not a continuance will be granted depends on the judge/court, the State's position, the number of continuances already granted, the reasons for the motion to revoke, the seriousness of the underlying offense, the previous record on probation, etc.
First, you should be discussing this with your present lawyer in detail.
You should seek other counsel immediately - before you fire your lawyer. New counsel may be able to substitute in and obtain another hearing date. Or, new counsel may be willing & able to get ready on time. New counsel can notify old counsel about substituting in.
In family law, you generally don’t have a jury in front of you, you have a judge. If a judge doesn’t like you, it is very, very difficult. You can’t just say the judge doesn’t like me so I want a different judge. It doesn’t happen that way.
A client’s demeanor in the courtroom is extremely important. It’s really one of the most important aspects in any proceeding. You are being judged based upon how you act and react to certain clashes. I like to let my clients know that their demeanor should be on an even keel. You don’t want ups and downs. Things can get emotional and I’m not saying that is never a factor, but you need to be reserved. Take your emotions and put them in a place where you are going to be able to get your story and your testimony out without letting emotions overly creep in. What you don’t want to do is have a question posed to you by opposing counsel in which you answer in a rage. You don’t want a question asked that makes you unable to rationally come up with an answer and let your emotions fuel your behavior.
The only way you can change a judge is if you recuse them but there has to be some sort of wrongdoing or bias that is shown and that’s not always easy to do. A judge has to make a decision one way or another and you’re not going to win everything.
Depending on how contentious your divorce is, you may get to appear before your judge a few times, or more times than you care to count.
Judges wear a trendy black robe and sit higher than everyone else, but in the end they are just a person, like you and me. That means, like you and me, they have opinions, biases and personal drama that they deal with on a regular basis.
Many contested divorces involve sensitive issues and high emotions on both sides. If children are involved, that takes it up another level. Judges want the parties to negotiate and settle the issues between themselves. Judges don't want to decide how you live your life for you.
Yes, they are supposed to be neutral and abide the law when making decisions about your life, but judges are not machines. Maybe they should be... If your judge forms a negative opinion about you early in your divorce, you could be in for a long, stressful and dissatisfied ride. Advertisement. That being said, here are five things your divorce ...
Your spouse’s failure to respond will be treated as an agreement to your terms. You’ll have to prove to the court that you provided your spouse with proper notice of the divorce.
However, in most cases one spouse files and serves a divorce complaint and the other spouse has 20 or so days to file a response.
For some couples, divorce is often a long and painful process. But it doesn’t have to be. Your divorce can move forward amicably and at a reasonable pace. Even spouses who drag their feet in a divorce don’t necessarily control the process. You and your attorney can discuss ways to get your divorce going ...
For example, in many states there’s a mandatory waiting period in a contested divorce. That period can force a couple to wait anywhere from 30 to 90 days from the time they submit their divorce paperwork to when the judge will sign off and grant the divorce.