If you appear before a judge without a lawyer, and you were already advised to your right to counsel, a Judge could determine that you waived your right to an attorney and try you without counsel. On the other hand, a judge could give you a postponement to get an attorney. Why would you want to risk it though?
Full Answer
If you appear before a judge without a lawyer, and you were already advised to your right to counsel, a Judge could determine that you waived your right to an attorney and try you without counsel. On the other hand, a judge could give you a postponement to get an attorney.
So when lawyers ask judges if they are aware of this law, rule, or procedure, they are subtly questioning the preparedness of the judge in the matter. Lawyers should never make comments that seem to challenge a judge. If you feel you know the law or are up to date more than the judge, refer the judge to it.
Lawyers should never use words that suggest that they are trying to argue with a judge. It is not in the place of anyone to contend with a judge — not the lawyer, not the witnesses. Not arguing with a lawyer is not to suggest that judges are never wrong, far from it.
This is usually a function of judges who don't know family law although as you might suspect, a jurist who hates family law is likely not going to bother to learn it. The best way to overcome this problem is to be polite, be brief, and educate the court about what you want and why you are entitled to it.
Things You Should Not Say in CourtDo Not Memorize What You Will Say. ... Do Not Talk About the Case. ... Do Not Become Angry. ... Do Not Exaggerate. ... Avoid Statements That Cannot Be Amended. ... Do Not Volunteer Information. ... Do Not Talk About Your Testimony.
On the other hand, if the judge disagrees with the attorney who is making the objection, he will say “Objection overruled!” That means that he is overruling the attorney who is raising the objection.
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.
With this in mind, here are some tips on how to win a court case.Don't Litigate for Spite or Revenge. Definitely don't make your litigation decisions for vindictive reasons. ... Seek Mediation Instead of Litigation. ... Be the Master of Your Case. ... Listen to Your Advisers. ... Be Flexible.
Be clean.Be clean. It is important to wear neat and clean clothes when you are going to court. ... Stand when the judge enters the room. ... Address the judge as 'Your Honor. ... Be audible. ... Use proper language and speak in complete sentences. ... Prepare before every hearing. ... Be polite and respectful. ... Be punctual.More items...
The most obvious way in which individual judges are accountable is through the right of the party to the proceedings to appeal any judicial decision, in some cases through several higher courts. In this way the losing party is able to have the decision reviewed by another independent judge or judges.
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.
In California, the Rules of Professional Conduct govern a lawyer's ethical duties. The law prohibits lawyers from engaging in dishonesty.
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.
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.”
“Always use a respectful tone, use the passive voice, and avoid directly accusing the judge of making a mistake,” Perez said. “'The court was mistaken' should never appear in any pleading or any argument. 'You're wrong, judge,' shouldn't come out of any lawyer's mouth.”
Because judges have no accountability, they can do whatever they please. Judges are the only public officials with no accountability, and they want to keep it that way. The fact that we allow judges to indulge their whims is our collective shame.