what happens when a judge asks if you are happy with your lawyer and you say no

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

The ABA (American Bar Association) Rule 8.4 (e) states. “It is professional misconduct for a lawyer to: state or imply an ability to influence improperly a government agency or official”. When an attorney says he/she is friends with the judge, it is only for purpose of suggesting he/she has influence over the judge.

What happens if a lawyer refuses to take a case?

First, talk with your lawyer. 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.

What to do if the judge is not paying attention?

 · A courtroom is a formal place. When you're in court, you need to be mindful of that at all times. Even when you don't think the judge is paying attention to you, he/she is. If the judge feels you are being disrespectful to anyone, you will feel the negative impact from that. Whatever you do, don't interrupt the judge when he/she is speaking.

What should I do if I'm Not satisfied with my lawyer?

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•

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.

Does my lawyer have to do what I say?

An attorney must always do what they say they will in a prompt and timely manner as unreasonable delay may adversely affect the outcome of your case.

How do you not answer a question in court?

If you don't want to answer a question, do not ask the judge whether you must answer it. If the question is improper, the district attorney will object. Don't look at the district attorney or at the judge for help in answering a question. You are on your own.

Can you sue a lawyer for not doing their job?

A claim of malpractice may exist if your lawyer exhibited negligence in your representation. If your lawyer's negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.

How do I file a complaint against an attorney in NJ?

If you believe that your lawyer has engaged in unethical conduct, you should call the toll-free number 1-800-406-8594. If you enter the five-digit zip code of the attorney's office, you will be connected to the district ethics secretary to request an Attorney Grievance Form.

Should you tell your lawyer everything?

It's almost always advisable to tell your lawyer the whole truth about your case, even if you've committed a crime. Giving your lawyer all the facts helps them craft the best defense by raising reasonable doubt. Even when a client admits guilt, there are usually many mitigating circumstances that can come into play.

Do lawyers lie?

Yes, some lawyers lie, cheat and deceive their clients. But they are the exception, and an embarrassment to most lawyers.

What are the four responsibilities of lawyers?

It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.

Can you say I don't know in court?

Lawyers may also tell witnesses that if they don't remember certain events, they can simply say “I don't recall.” In general, such instructions are not improper. A witness cannot, however, repeatedly answer “I don't recall” to avoid truthfully answering questions.

Can you decline to answer a question in a deposition?

In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information or the court previously ordered that the information cannot be revealed (source).

What makes a witness hostile?

A hostile witness, also known as an adverse witness or an unfavorable witness, is a witness at trial whose testimony on direct examination is either openly antagonistic or appears to be contrary to the legal position of the party who called the witness.

Why would an attorney say he is good friends with your Judge?

An attorney will say it to get your money and have you sign a Retainer Agreement. Rather than rely upon his or her prior success, the lawyer decides to commit ethical violations to try to get you to hire him or her. This type of lawyer will usually flat out lie to a potential client and tell them that the case will be thrown out of court.

Is the lawyer really friends with the Judge?

No. However, if you just want to believe it’s true, ask the lawyer the following questions. What’s the judge’s spouse’s name, judge’s kids names, etc. Further, ask the lawyer how his or her “friendship” is going to help your case. Is the judge going to dismiss your case because you hired this attorney?

What are the ethical violations?

The Illinois Supreme Court allows an attorney the right to practice law. If an attorney does not follow the rules, it can result in a law license suspension or even disbarment. So following ethical rule is very important not only to keep the right to practice, but also because it is just the right way to do business.

I have tried to discuss my complaints with my lawyer. However, my lawyer will not discuss them. Do I have any alternatives?

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.

What if I feel that my lawyer has acted unethically?

How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.

What are some specific examples of the ethical duties of lawyers?

Among the highest responsibilities a lawyer has is his or her obligation to a client. A number of strict rules and commonsense guidelines define these responsibilities.

How can I file a complaint against my lawyer?

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.

My lawyer settled my case out of court and refuses to pay me my share of the settlement. What can I do about it?

If you believe that your lawyer has taken or improperly kept money or property that belongs to you, contact the state client security fund, client indemnity fund, or client assistance fund. The state or local bar association or the state disciplinary board can tell you how to contact the correct fund.

If I am having a problem with my lawyer, is there any reason that I would want to call the police?

Yes. If you believe that your lawyer has committed a crime such as stealing your money or property, you should report that crime. This is a last resort that should be taken only when you feel certain. Do not feel intimidated because your complaint is against a lawyer.

What happens if you don't think the judge is paying attention to you?

If the judge feels you are being disrespectful to anyone, you will feel the negative impact from that. Whatever you do, don't interrupt the judge when he/she is speaking. 2. How you dress determines what I think about you.

What to do if you are not an attorney?

4. Don't insult my intelligence. If you are representing yourself in your divorce, you may be an accomplished, intelligent person. You may not be.

What to tell a divorce judge?

That being said, here are five things your divorce judge wants to tell you, but doesn't: 1. Don't be disrespectful to your spouse, me or my staff. A courtroom is a formal place. When you're in court, you need to be mindful of that at all times. Even when you don't think the judge is paying attention to you, he/she is.

How many times can you appear before a judge?

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.

What do judges wear?

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.

Do judges want to decide how you live your life?

Judges don't want to decide how you live your life for you. But, you have to be reasonable. If one party files a motion for relief, whether for financial support or primary custody, if the judge feels that you are being unreasonable, you will not get the results you want.

Do not tell me what to think?

Don't tell me what to think. Judges are people too and people don't like to be told what to do or what to think. It's just how we're hardwired. Judges are highly educated individuals and they all feel they are equipped to read between the lines and see the "truth.".

Where to go 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.

What to do if your lawyer doesn't respond?

If your lawyer does not respond, or subsequent meetings or conversations are not fruitful, consider suggesting mediation to work out your communication problems if you still want this lawyer to represent you. A bad deskside manner doesn't mean that the lawyer isn't an excellent lawyer, and it can be difficult to find a new one in the middle of a case.

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 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 defense of a lawyer who is sued for malpractice?

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. Legal malpractice cases are expensive to pursue, so do some investigating before you dive in.

What to do if your lawyer is unresponsive?

If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court. If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance.

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.

Got a dispute? A divorce? A potentially lucrative deal? Read these insider tips before you think about calling a lawyer

Got a dispute? A divorce? A potentially lucrative deal? Read these insider tips before you think about calling a lawyer.

When should you hire a lawyer?

When disputes arise, a person’s first inclination is often to call a lawyer, attorney Randolph Rice tells Reader’s Digest. But there are many situations in which hiring a lawyer is the last thing you should do. Says Rice, ideally, everyone would resolve disputes without lawyering up.

How to tell a good lawyer from a bad lawyer

It’s not as hard as you might think, according to attorney Randall M. Kessler, author of Divorce: Protect Yourself, Your Kids and Your Future. “Shop around and trust your instincts,” he advises.

What others think about your lawyer matters

Check your potential lawyer’s reputation. “Many cases are won, and lost, on the reputations of the lawyers involved,” attorney Rice tells Reader’s Digest.

Be honest, expect honesty

It’s imperative that both the lawyer and the client approach one another with complete honesty, attorney Paul Edelstein, tells Reader’s Digest.

The fuzzy side to billable hours

Many lawyers charge “per hour,” but when it comes to billable hours, an hour isn’t always an hour, Robinson points out.

What Happens After the Judgment Is Entered?

A judgment can turn an otherwise uncollectible old credit account into a collectible amount of money. For instance, a statute of limitations may prevent a creditor from collecting funds you owe them, after a set number of years.

A Judgment Can Be Good for 20 Years or More

Depending on your state, a judgment remains valid from 5 to 20 years or more. 5  6  That's a long time for a debt to follow you around. Furthermore, judgments show up on credit reports for up to seven years and may appear on background checks until the judgments expire, whichever is longer. 7 

How a Creditor Can Use the Judgment

Under state law, a judgment is a lien on the property, which opens up a host of possibilities for creditors. 1 

How Can You Avoid a Judgment?

Seek an attorney with experience in defending debt collection cases and knowledge of the Fair Debt Collection Practices Act (FDCPA). If your debt is exceptionally high, it could help to confer with a bankruptcy attorney.

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 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 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.

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.

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 misapplication of the law 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.

What happens if you meet with a lawyer?

If you have a meeting with your lawyer, there’s a good chance you took time off from work, secured childcare, or had other obligations that you changed or gave up in order to be at the meeting. Your lawyer shouldn’t waste your time, be unprepared, or mishandle your funds or documents.

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 ...

Why is malpractice considered a legal malpractice?

Malpractice could be intentional or by accident. If your lawyer has done anything that has cost you the ability to win or settle your case, or that had a detrimental effect on your proceeding, it could be considered malpractice.

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.

What happens if your lawyer knows when your accident happened?

For example, if your lawyer knows when your accident happened and when the statute of limitations runs out, yet still fails to file a claim in the allotted time period, you might no longer be able to file the claim or have legal recourse.

What is the responsibility of a lawyer?

Your lawyer has a responsibility to act in an ethical manner. Beyond that responsibility, they’ve actually taken an oath to uphold certain ethics.

What happens if a case is a smaller case?

It’s possible that person doesn’t have a strong grasp of the particular area of law that’s relevant. The other thing that could happen is that as a case progresses, it could begin to involve areas of law outside your lawyer’s expertise.

Manage Expectations

To be proactive from the beginning of your relationship with your attorney, the first thing that you can do is to let them know your concrete expectations. Some lawyers and clients will sign a contract with one another about expected fees, timetables, and the availability of the lawyer.

Try Emails and Phone Calls

The best, most unobtrusive way to start getting your attorney’s attention is by sending them an email. Lawyers regularly check their emails, so it is a good way to see if someone from their office will respond to you.

Write a Letter

Sending a letter is another good way to get your point across to your lawyer. In the letter, you may want to state a specific date that you expect to hear from them, or that you want them to complete something. While going through the stages of a divorce, there are several deadlines that your lawyer will need to meet.

Do you need to file a complaint?

Perhaps you feel you have exhausted all efforts to contact your lawyer about supporting you during your divorce proceedings. If so, as a last resort, you may decide to report them to the regulatory board that governs their work and license. This board could be a state, county, or city bar association.

Fire them

You always have the option of firing your attorney. If you decide that the relationship between you and your lawyer is not positive for you and your case, ask the lawyer for your file, then seek legal assistance elsewhere.

Summary

You have some options when you feel that your lawyer is not supporting your case and fighting for your rights. Separation and divorce are difficult, and you need to have someone working for you that understands all the nuances of the divorce proceedings.