what if your lawyer know the judge personally

An attorney who aspires to know the judge in these ways is better prepared for Court and can better communicate the legal argument because he/she “knows the audience.” In this sense, the phrase is quite appropriate and professional and builds up our profession rather than tearing it down.

Full Answer

Can I talk to the judge personally in court?

It is improper to try to communicate personally with the Judge on your case. You should be explaining your side by filing a Request for Orders and Supporting Declaration of all relevant facts which support your request.

Can a judge preside with permission of lawyers and parties?

In essence, Rule 2.11 (C) concludes that despite a situation where a judge’s impartiality might reasonably be questioned, the judge may preside with permission of the lawyers and parties if the judge does not have a personal bias or prejudice or personal knowledge of facts in proceeding.

Why won't the judge look at the previous dealings?

His Attorney has filed suites or threatened too with every dealing in property, the judge has never looked at the previous dealings because his Attorney keeps mudding the facts with lies and the true facts. * This will flag comments for moderators to take action.

Can a judge look at a letter sent to him?

The judge cannot consider a letter from you. That is an ex parte communication and he cannot look at it. The only thing the judge can look at are the pleadings in the file. * This will flag comments for moderators to take action.

Do judges favor certain lawyers?

Judges appreciate the work of criminal lawyers because their good work is essential to the operation of our system of justice. Lawyers from large firms often perform well, but they have no monopoly on the skills judges hold dear. Judges appreciate solo practitioners at least as much.

What if a lawyer knows his client is lying?

(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer's client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

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 a conflict of interest for a judge?

(1) The judge has a personal bias or prejudice concerning a party or a party's lawyer, or personal knowledge* of facts that are in dispute in the proceeding. (d) likely to be a material witness in the proceeding.

Does a lawyer have to defend someone they know is guilty?

However, there are strict rules in place that govern the how legal practitioners conduct themselves when faced with such a dilemma. Can a Criminal Lawyer Defend Someone They Know is Guilty? A criminal lawyer can defend someone they know is guilty as long as they do not lie or knowingly mislead the court.

Do judges see through lies?

Judges are only human. The judge will do his or her best to determine who is telling the truth, but the judge doesn't know either of you very well. The judge may conclude that your ex is lying and, if so, this will certainly affect how the judge rules in the...

How do you know a bad lawyer?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.

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.

How do I know if my lawyer is good?

So if you're curious, use these five quick ways to research whether your lawyer is legit:State Bar Profile. Every lawyer who is licensed to practice law in your home state must be listed in your state bar association's directory. ... Google / Search Engines. ... Yelp. ... The Attorney's Own Website. ... Third-Party Rating Groups.

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.”

Who holds judges accountable?

Home. The Commission on Judicial Performance, established in 1960, is the independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining judges, pursuant to article VI, section 18 of the California Constitution.

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.

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What can I do if I can prove my motion?

All you can do is find a new attorney and file the motion for the reasons you stated . If you can prove it, you may very will get a new trial.#N#More

Can a judge know if he knew someone was a close friend of his son?

If you can prove that he judge knew someone was a close friend of his son, that may be grounds for a new trial. You need counsel to do this properly. Your counsel may have to have a hearing and put the juror on the stand and inquire about his relationship with the judges son. good luck.

Is Mr Fox correct?

Mr. Fox is correct. It MIGHT be grounds for a new trial or an appeal. You need to speak to an attorney, provide him with all the details (which you should NOT discuss online or with anyone else), and let the attorney advise you.

Eric Carl Trosch

As others have said, with the limited amount of information here, it is difficult to fully analyze your situation. I would also recommend contacting a family law attorney in your area.

Mallory Ann Willink

You need to conatct and consult with a local family law attorney to provide more details, dates and copies of the court documents. The attorney can then analyze the situation and determine if the circumstances appear to be irregular and can offer advice on how to rectify the situation and move forward in obtaining your goals.

Bill Whittaker

Hire an attorney. If you cannot afford an attorney then start applying for legal aid.

What is the rule for a judge to preside?

In essence, Rule 2.11 (C) concludes that despite a situation where a judge’s impartiality might reasonably be questioned, the judge may preside with permission of the lawyers and parties if the judge does not have a personal bias or prejudice or personal knowledge of facts in proceeding.

What is Rule 2.11 A?

But, in addition, Rule 2.11 (A) (2) specifies situations where “the judge knows that the judge, the judge’s spouse or domestic partner, or a person within the third degree of relationship to either of them, or the spouse or domestic partner of such a person is: (a) a party to the proceeding, or an officer, director, general partner, ...

Who rejected disqualification for pecuniary interest in a matter?

Eighteenth-century British jurist Sir William Blackstone rejected disqualification for such reasons and concluded a judge should be disqualified only for pecuniary interest in a matter. For many years, that was the standard in English courts, and courts in the U.S. followed suit.

Do judges have to recuse themselves?

Shutterstock. A judge need not automatically recuse or be disqualified if a lawyer or party in a matter before the judge is an acquaintance or friend: However, recusal or disqualification is necessary when the judge is in a close personal relationship with a lawyer or party in a matter, according to a formal opinion released Thursday by ...

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 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 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.

Why has the judge never looked at the previous dealings?

His Attorney has filed suites or threatened too with every dealing in property, the judge has never looked at the previous dealings because his Attorney keeps mudding the facts with lies and the true facts. Report Abuse. Report Abuse.

How to explain your side of the story?

You should be explaining your side by filing a Request for Orders and Supporting Declaration of all relevant facts which support your request. Your other opportunity to share your side of the story is by your own testimony and that of your witnesses while at the court hearing. Keep in mind, that the information must be relevant to the issues ...

Is it appropriate to write a letter to a judge?

It's not appropriate to correspond directly with the judge without providing the other side the communication as well. A letter is also not the appropriate method to have the judge consider information in your case. There isn't much information in your inquiry.

Can a judge look at ex parte letters?

If you don't have one, you should get one. The judge cannot consider a letter from you. That is an ex parte communication and he cannot look at it. The only thing the judge can look at are the pleadings in the file.

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.

What does a judge do in a trial?

In a trial by jury, the judge acts as the trier of law (ultimate arbiter of what the law means and how it is applied) and the jury the trier of fact (decides factual disputes). If there is no jury, the judge wears both hats (resolves both factual and legal disputes).

What is the jury's job?

It is the jury’s task to decide if the evidence presented is sufficient to convict. In a criminal case, beyond all reasonable doubt and in a civil case on the balance of probabilities is the guideline. If it is proved that the summing up was not wholly objective, an appeal to a higher court could succeed.

What is the jury in a court case?

The jury is part of the court in an even more essential way than are say, clerks or attorneys, who are also considered officers of the court. When the jury trial is conducted, the jury are the exclusive judge of the disputed facts of the case. The judge. Continue Reading.

What are some examples of criminal defendants?

Examples: Government officials; business owners. Some criminal defendants are repeat offenders and may appear before the same judge several times. Some litigants may belong to the same country club as the judge or live in the same neighborhood.

What happens if you are in custody and you don't shut up?

If out on bail, the defendant will, if he or she does not shut up, most likely be hit with a contempt citation and go sit in lockup.

What is the jury's task in a criminal case?

It is the jury’s task to decide if the evidence presented is sufficient to convict. In a criminal case, beyond all reasonable doubt and in a civil cas. Continue Reading.

What happens if you don't behave like an adult?

If you do not behave like an adult, they indulge your childishness and throw you in a sort of minimum security jubilee detention where they can make sure you do what you are supposed to do. Oh, and they make you pay for it like a hotel room.