· 1. Organize your thinking. At your first meeting, you need to give your lawyer the background of your dispute. Your lawyer will need to know the "who, what, where, when, how, and why." You should spend time trying to get this information organized so that you can share it …
Let us start with why communication is the most important part. The Attorney client relationship will work better when both of you are able to talk about the facts of the case, your opinions and your motives honestly. This will form a better working relationship between the two of you. You have to trust that your lawyer understands you and is ...
In all criminal prosecutions the accused has the right to be heard by himself and counsel; to demand the nature and cause of the accusation against him; to meet the witnesses face to face, and to have compulsory process for obtaining witnesses in his favor.
A crime victim has the right to have decisions by the court regarding the pretrial release of a criminal defendant based, in part, on the principle of reasonable protection of the victim. Any pretrial release order must prohibit any contact with the victim, unless specifically authorized by the court.
Commercial bailState Legislatures: Commercial bail is the most common form of pretrial release.
It comes after a criminal defendant has been arraigned, but before the case goes to trial. The goal of the pre-trial conference is to bring the prosecutor and the defense attorney together to explore possibilities of resolving the case without going to trial.
The 1997 Rules of Civil Procedure provide that failure of the plaintiff to appear at pre-trial without a valid cause is a ground for dismissal of the action with prejudice unless otherwise ordered by the court; while a similar failure on the part of the defendant shall be cause to allow the plaintiff to present ...
The pre-trial brief shall contain, among others: (a) a summary of admitted facts and proposed stipulation of facts; (b) the main factual and legal issues; (c) the documents or other object evidence to be marked; and (d) the names of the witnesses, and the summary of their testimonies.
But what other kind of evidence is exculpatory? The law says ''any evidence'' that tends to show innocence of the defendant is included. This can include crime scene evidence, witness testimony, DNA results, and medical records.
Specifically, the Bail Reform Act of 1984 permits the federal courts to base pretrial release decisions on (1) the risk of pretrial flight the defendant poses, and (2) the potential threat the defendant poses to the community or to specific individuals including the Page 4 likelihood that the defendant would commit new ...
For more serious offenses, bail is the predominant form of pretrial release. Although pretrial release rates are low overall for more serious offenses, those who secure release tend to do so through bail. This is true for individuals charged with felonies or serious, violent, or sexual offenses.
The pre-trial review (PTR) is when the court checks the progress of the case to date, raises matters of trial management and gives 'such directions for the conduct of the trial as it sees fit'.
The pre-trial order binds the parties, limits the trial to matters not disposed of, and controls the course of the action during the trial, unless modified by the court to prevent manifest injustice.
A trial setting conference is a hearing where the court expects each spouse's lawyer to explain the case's status, what issues have resolved or may soon resolve and whether the case is ready for trial.
Keep emails brief. If you send information by email, then briefly tell your lawyer why you are sending the information. If you have a question, then ask the question and explain why you want to know the information.
If you don’t, then you won’t know what information to tell your attorney. Take notes if you talk to your lawyer in person or over the telephone. Store your notes in the same place. For example, you might want to keep a special notebook for your case. Always review your notes before contacting your attorney.
Expect timely responses. Your lawyer should promptly answer any question that you have or provide a general status update when requested. Admittedly, you can’t always expect your lawyer to be immediately available. However, he or she should respond to your call or email within a business day.
By asking questions, you gain a stronger understanding of your case, which helps you communicate clearly and efficiently with your attorney.
If you don’t understand something your lawyer has said, ask for clarification. You can say, “I don’t understand what ‘injunction’ means. Can you explain that?”
Your lawyer should also send you copies of documents filed in your case. Keep these and read them. If your lawyer doesn’t give them to you, then ask for copies . You may have to pay a small fee.
Stay informed about your case. You can communicate clearly only when you understand the status of your lawsuit. For this reason, you should commit to staying informed about your case. Try to understand the legal issues in dispute and the important facts.
If an attorney manages to liase many or all all your issues, then you have already lost, especially if they have told you not to talk to the spouse and they have served their purpose by fait accompli. If it comes down to money, you have lost, that is the level of basic understanding marriage has become for males.
If you do decide to appeal the decisions of the family court, the Supreme Court, no less, will very likely uphold and support the malfeasance of the family court because the antics of the lower court personnel mirror those of the Supreme Court. I bet the family court personnel have recognized this and are busy minting.
Absolutely ! Most have no idea that here in the USA, we do not own our attorneys when we hire them. Attorneys are agents of the court. In essence, we only rent attorneys to represent us in our legal matters. An attorney’s (demanded) allegiance is always to the court first. The client and his/her interests come dead last. The BAR Association (British Attorney Registry) demands that each attorney collude and work for the court. A “client’s best interest” is only a phrase used by attorney’s to catch more clients and make more cash. Attorneys make great actors, they need to be good actors as in many court rooms, they are only acting a part where the script has already been written.
The gal did not investigate any of the leads I gave him. The magistrate had a stay for seven months. And the clerk of courts refused to send out the subpoenas. The clerk of courts told my attorney’s staff they were to short of staff to fax the subpoenas over my attorney’s office the day before the trial.
And your are right, the judges dont know the laws and/or the Florida Statutes, so no one should take for granted that they do. But the reality is,,they dont know them because they dont have to know them, because they just fly by the seat of their pants and there is no one to check them.
You should sue for undisclosed conflict of interest. At the very least, file a complaint with the State Bar Association or whoever it is in your state that hear s such things. Seriously. CLAIM DAMAGES.
You should: follow through on what you agree to do. prepare a written summary and chronology of events. tell your lawyer everything. understand that your lawyer has a duty to keep whatever you say confidential. inform your lawyer of new developments. respect your lawyer's time and schedule.
Bar associations tasked with monitoring attorneys go after lawyers who steal or violate specific ethical rules—not lawyers who just aren't very good. Part of the reason is that what constitutes a "good job" is somewhat relative. For instance, a client might expect an acquittal in a criminal case.
When you hire a lawyer, it's important that your fee agreement is in writing and that you understand it. It's a simple way to avoid a common cause of contention with clients—the legal bills.
For instance, it's common to hear less frequently from a lawyer who is in trial. But someone in the office should be able to explain when you'll hear from your attorney and assure you that the office is handling your case appropriately. Find out how to hire the right attorney.
If you don't know what's going on in your lawsuit, you might assume you have a bad lawyer. To the contrary, your attorney could be doing a great job. Either way, a lawyer who doesn't communicate case progress is invariably increasing, not decreasing, your stress. When you initially retain counsel, your lawyer should:
For instance, a client might expect an acquittal in a criminal case. However, other private criminal attorneys might consider a reduction from a felony to a misdemeanor charge a job well done.
You have a right to quality service from your attorney. In this article, you'll learn what you can expect from your lawyer in each of these areas.
Don' t forget that lawyers don't always need to take more cases. Yes, new clients are a great thing, but I don't want clients that will eat all my time and get no where fast. Your tip: keep your communication very simple and to the point.
While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.
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.
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.
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.
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.
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.
You can trust lawyers the same way you can trust doctors, police officers, plumbers, etc. The vast majority of lawyers are honest, trustworthy, hard working and diligent just as the vast majority of doctors, police officers, plumbers and other professionals just as a few doctors are honest, trustworthy, har working and diligent. Sure, a handful of doctors overbill insurance companies or overprescribe painkillers, just as a few police officers engage in police brutality or demand and take bribes, just a few plumbers overcharge for shoddy work. But painting an entire profession as bad based on the bad acts of a miniscule number of members of that profession is not being honest yourself.
Rather, collusion implies the defense attorney working with the prosecution against his client's interest or the prosecutor working with the defense attorney against the public interest and against justice. This would most likely occur when the prosecutor is related to or a friend with the defendant and wants to help him out even though it might be against the office policy or when a defense attorney believes that the client is guilty of a terrible crime and needs to pay for it and therefore chooses to to make a proper effort to provide a proper defense. Of course, either of these scenarios constitutes a breach of the attorney's ethical obligations and in my experience is exceedingly rare. If you are aware of this actually happening, you should contact the state bar where the attorney is a member and report the conduct sot he bar can take steps to protect future clients from such unprofessional conduct.
While you might expect the answer to include any time that the prosecutor and the defense counsel work together, that would be incorrect. There are many times that theses two attorneys properly work together. They will often agree on actions the defendant can take that will convince the prosecutor to lower the charges or on a course of action that will convince the judge to make a decision that will benefit both sides.
But ultimately, you are the captain of your case, not your lawyer. And the attorney/client relationship cannot function properly if you believe that your attorney is not advocating in your best interests. So if your ultimate conclusion is that you need a lawyer who says he believes 100% in your innocence and is constantly doing “aggressive” things, then you either need to have a serious conversation with your current lawyer about your expectations or you need to find another lawyer.
A lawyer who simply takes a client’s version of events at face value is not doing a good job, as even honest clients tend to “forget” about inconvenient facts or try to tailor their stories to what they believe the law requires and/or the lawyer wants to hear. When I was in law school,
Believe it or not, there was a time when a lawyer, who was a retired government Minister and judge, told me not to use his services because he would not be working for my benefit. This was due to conflict of interest that happened between myself and his other clients.
An attorney/client relationship is very personal. I would tell my law students how I would go to a barbershop which has four barbers, and three are standing around waiting for the next customer. A customer is waiting for the 4th barber, Bob to finish his current customer in the chair. The other three barbers invite the customer to cut his hair and he says “no, waiting for Bob”. It is personal to the customer for Bob to cut his hair. A patient has to trust their physician to take off their clothes, and their dentist to open their mouth. A client needs to trust their attorney. The issue here is whether there is any legitimate reason to distrust the attorney.
Your lawyer should be arguing for you, not with you. Remember that your attorney works for you: If you’re unhappy with any aspect of your attorney’s style, and it's effecting your case, it’s time to search for a new lawyer.
11. Too Detached. You don’t want a lawyer who becomes too emotional or weepy in court.
A lawyer who doesn't respond to numerous messages probably isn't giving your case the attention it deserves. 6. Unfamiliarly with the Divorce Process. Many attorneys focus on one or two practice areas, such as family law or criminal law.
Great attorneys come with many different styles and personalities. However, you should steer clear of hiring an attorney that' s too afraid to defend you or advocate on your behalf. You need an attorney who’s comfortable in the courtroom and addressing a judge.
Your lawyer isn’t your doctor, and you shouldn’t have to wait hours past your appointment. 3. Your Lawyer Doesn’ t Remember Case Details. Although you shouldn’t worry if your attorney forgets the name of your fourth child, there's a major problem if your lawyer doesn’t know anything about your case.
There’s no reason to keep an attorney who belittles or demeans you.
If your lawyer doesn’t understand local laws or procedures, your case may end up taking much longer than necessary, or even worse, being dismissed because your attorney failed to meet essential requirements.
Many courts have recognized that "the only justification for the attorney testimony rule that might be viewed as affecting the rights of the opposing party is that derived from the fear that the jury will either accord such testimony undue weight, or will be unable to distinguish between the attorney's testimony, offered under oath, and his legal argument, offered in rhetorical support of his client's case." Crowe v. Smith, 151 F.3d 217, 233-34 (5th Cir. 1998); People v. Superior Ct. of San Luis Obispo County, 84 Cal. App. 3d 491, 501, 148 Cal. Rptr. 704 (1978).
1. In particular, " [t]he tribunal has proper objection when the trier of fact may be confused or misled by a lawyer serving as both advocate and witness ," and the opposing party has such an objection "where the combination of roles may prejudice that party's rights in the litigation.". Id. § 3.7 cmt. 2.
The question thus arises regarding the extent to which an attorney may "testify" in an affidavit or declaration relating to a motion for summary judgment. It is well established that an attorney's affidavit can be used, in connection with a summary judgment motion, for the simple purpose of placing documents produced in discovery before the court. See, e.g., United States v. Letscher, 83 F. Supp. 2d 367, 381 (S.D.N.Y. 1999) (" [I]t is usual for counsel to put documents before the Court on summary judgment motions as enclosures to counsel's affidavit."); Bank One Lima, N.A. v. Altenburger, 84 Ohio App. 3d 250, 253, 616 N.E.2d 954, 955 (1992) (attorney did not violate the attorney testimony rule by submitting affidavit stating only that documents attached to it were received by him from opposing counsel, and identifying expert witnesses).
It is equally unlikely that a judge, as compared to a jury , will be unfairly influenced by the lawyer's dual roles."). Some courts have held that the attorney testimony rule applies to affidavits as well as testimony at trial.
Three weeks is a bit hasty. Do you know who is named in the will as the executor? THAT is the person you should be contacting, as the 'timing' of this is in that person's hands primarily. They have to hire the attorney, and unless and until an attorney is hired, they aren't going to be able to take any action to get the estate started.
Three weeks is by no means time to set off any alarms and while it is disappointing that an attorney would consistently not return calls some attorneys are like that particularly with calls from non-clients. Keep in mind that the timing of any required notice is dependent on a fact not disclosed in your inititial post.
Three weeks does not sound unreasonable. A lot has to be handled after someone dies. The funeral is the first priority. Death certificates must also be obtained, and this can take several weeks. You can hire your own attorney to represent your interests in this estate and follow the proceedings to make sure your rights are not violated...