what to ask a lawyer before a court date

by Dr. Herman Abshire Jr. 10 min read

Every lawyer should review with their clients the possibility of a negotiated resolution prior to trial. In criminal matters, for example, you may be able to get a good plea bargain. In civil cases, your lawyer might propose mediation, a settlement negotiation process involving a neutral third-party. Other times, arbitration might be an option.

Full Answer

Should you ask questions when hiring a lawyer?

Apr 11, 2016 · tel: (404) 835-7595. Private message. Call. Message. Posted on Apr 12, 2016. The more time you give a lawyer to prepare, the better. If you wait til the last minute, the attorney will not have time to prepare, contact the other attorney, speak with witnesses, etc. I strongly urge you to find an attorney that can help.

Can I meet with the prosecutor before my court date?

Apr 15, 2016 · Include: Who you are (plaintiff or defendant) The docket or case number The name of the case That you received a court date that you cannot make Your reason for requesting a change of date*. Send a copy of your letter to your adversary. Follow up with a telephone call a few days before your court date. *Make sure your reason is important.

How do I find out if my lawyer is legally licensed?

Apr 09, 2015 · A lawyer who has the right background can often save you time and money, all the while getting the best result possible. And don’t take a simple “Yes” for a sufficient answer. Ask follow-up questions, such as where and when any similar cases went to trial and their results, to ensure the attorney really knows the subject matter.

What happens if I can't make a court date?

Sep 20, 2021 · Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction.

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James Lawrence Yeargan Jr

You have plenty of time. Since this is a traffic ticket you could probably hire a lawyer the day before, but I wouldn't wait; go ahead and retain one.

Rachel Dawn Ackley

Sooner is always better! Give your attorney as much time as possible to work for you.

John Arnold Steakley

How long before surgery do you need to pick an surgeon? How long before a house fire do you need to pick an insurance company? The sooner the better. More

Michael Rich Childs

The more time you give a lawyer to prepare, the better. If you wait til the last minute, the attorney will not have time to prepare, contact the other attorney, speak with witnesses, etc. I strongly urge you to find an attorney that can help. Use the "Find a Lawyer" button at the top of the page. Best of luck to you...

Giacomo Jacques Behar

The sooner, the better, you'll know what to expect and it'll give you 'peace of mind" and security sooner.

How long before court date to follow up?

Follow up with a telephone call a few days before your court date.

How to request a change of date in court?

Write a letter to the court. Include: Who you are (plaintiff or defendant) The docket or case number The name of the case That you received a court date that you cannot make Your reason for requesting a change of date*

What should a lawyer outline?

Lawyers should outline the possible ways to handle a case and then explain why they have chosen a particular strategy, including the pros and cons.

What should a lawyer review with their clients before trial?

Every lawyer should review with their clients the possibility of a negotiated resolution prior to trial. In criminal matters, for example, you may be able to get a good plea bargain. In civil cases, your lawyer might propose mediation, a settlement negotiation process involving a neutral third-party.

What is the importance of having a lawyer?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.

Why is it important to choose the right lawyer?

Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job.

How to discuss case strategy?

In discussing case strategy, your lawyer should give you an estimate of how much time it will take to get to a resolution. Keep in mind that your lawyer does not control the pace of the process and cannot make any promises about when it will be over.

What is a conflict in a lawyer?

If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict. A conflict might also arise if the attorney you are interviewing has already been hired by ...

How to feel comfortable with an attorney?

You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.

How to get a new court date?

If the court doesn't require a written motion, you can get a new date from the court clerk orally. It's typically a good idea to file a written motion in any case so there is a record of your request. Call back the next day to see if the judge has approved the motion. If your motion has been approved, get the new court date ...

What happens if you miss a court date?

Missing a court date can have drastic negative consequences. You may have your license suspended, be charged with contempt of court, or even find that an arrest warrant has been sworn out for you. If you can't make a court date, you have to request a continuance.

How to request a continuance of court?

Call the court where your case is scheduled to be heard to inquire what their procedures are for requesting a continuance. Most courts require at least 10 days' notice and a formal request in writing, though some may allow you to make an oral request.

How long before a hearing can you request continuance?

Your chances of a successful request for continuance increase dramatically if you get an agreement from the opposing party and make the request at least 10 days before the scheduled hearing.

How long do you have to file a motion in court?

File a written motion with the court at least 10 days before your scheduled hearing. Make sure to note in the motion whether you have contacted the opposing party and whether they have agreed to your request. If the court doesn't require a written motion, you can get a new date from the court clerk orally. It's typically a good idea to file a written motion in any case so there is a record of your request.

How long does it take to file a motion for continuance?

If they don't agree, you can still make the request to the court. File a written motion with the court at least 10 days before your scheduled hearing.

Can you copy a judge's judgment?

Not privately. Anything you send to the judge you must copy to the other party.

Can a judge have an ex parte?

Judges are forbidden from having ex parte, meaning without notice to the other side, communications with one party.

Can a judge have ex parte communication?

No a judge will not have ex-parte communication with any party prior to a hearing or at any time. You will always have to present your case in front of the judge with all parties present.

Can you talk to a judge before a court hearing?

So, No you cannot talk to the judge before the court hearing begins. You should meet with a family law attorney in your community for assistance.

Can a judge speak with both counsel in a courtroom?

No, while a judge might agree to speak with BOTH counsel in chambers prior to a hearing they will not speak with the parties themselves prior to the hearing taking place.

Can you talk to a judge in court?

You can talk to the judge in court with the other side there. You cannot talk to a judge unless you are in front of them at a hearing.

Can a judge communicate with a party prior to trial?

The judge will not have communication with a party prior to trial.

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