Jun 16, 2014 · Ask the new client to identify who is on the other side of their dispute and check if they are former clients. Clients are most clearly adverse when they are suing each other. However, they may also be adverse in transactional matters. For example, if someone is negotiating a contract with an employer, ask who the employer is.
1. Click into either Cases or Trial Court Orders from the Westlaw or Westlaw Edge homepage. Then select the Advanced link to the right of the search bar to go to the template. 2. Under Document Fields, type the name of the judge into the appropriate box. 3.
May 05, 2014 · During which time, any communication had to go from me to my attorney, from my attorney to her attorney, from her attorney to her and back, then from her attorney to mine and my attorney to me. That adds up to four telephone conversations (billed in 15-minute increments at $350/hour) per exchange (three that I had to pay for when she demanded …
Apr 18, 2012 · 3. Check the State Bar's Website The State Bar's attorney search service will list the date a member was first admitted along with any disciplinary actions taken against them throughout their career. 4. Check the Candidate's Website Some candidates publish a campaign website that may give you more of their personal and professional background. 5.
No California legal ethics rule expressly prohibits a non-lawyer client from contacting another party directly, although clients cannot be used as conduits for indirect prohibited contact from lawyers.Sep 26, 2016
What Can You Do If a Judge is Unfair?Request Recusal.File Appeal to Send Decision to a Higher Court.File a Motion for Reconsideration.File a Grievance on the Basis of Unethical Behavior.
Some of the most common examples of a conflict of interest that would lead an assigned judge to recuse themselves voluntarily include situations in which: They have a familial relationship to one of the attorneys involved in the case. They have a possible financial interest in the result of the case.Aug 27, 2018
Wolfram's “Modern Legal Ethics,” the no contact rule, as a general proposition, prohibits a lawyer who is representing a client from contacting a party known to be represented by another party.
What can you complain about? The Judicial Conduct Investigations Office can only look into complaints about the personal conduct of a judge. You cannot complain about a judge's decision or the way a judge has conducted a case.
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.May 21, 2020
Courts have explained that bias is a favorable or unfavorable opinion that is inappropriate because it is not deserved, rests upon knowledge that the judge should not possess, or because it is excessive.
Common complaints of ethical misconduct include improper demeanour; failure to properly disqualify when the judge has a conflict of interest; engaging in ex parte communication and failure to execute their judicial duties in a timely fashion. Behaviour outside of the courtroom can also be at issue.
For example, judges are given immunity from prosecution for any acts they carry out in performance of their judicial function. They also benefit from immunity from being sued for defamation for the things they say about parties or witnesses in the course of hearing cases.
May a paralegal directly communicate with an opposing party who is represented by counsel? No. Neither lawyers nor paralegals may communicate with an opposing party who is represented by counsel without the express written permission of opposing counsel.Dec 19, 2016
A good example of this is the "no contact" rule. This rule states that an attorney should not speak to a person known to be represented by another counsel unless that other counsel has given consent for the attorney to speak directly to their client.Apr 18, 2016
Under the Texas Disciplinary Rules of Professional Conduct, a lawyer who is a party in a legal matter but who does not represent any other party in the matter may communicate concerning the matter directly with a represented adverse party without the consent of the adverse party's lawyer.
legal cases by particular judge or entity. The best way for an attorney to ensure that they are relying on arguments that reflect the true nature of the law is to use KeyCite on Westlaw and Westlaw Edge.
1. Click into either Cases or Trial Court Orders from the Westlaw or Westlaw Edge homepage. Then select the Advanced link to the right of the search bar to go to the template. 2.
It is important to know the judge’s background on a case so that you can use your time as effectively, both in court and while you are preparing for a case. If a judge has been involved in similar cases, you can provide a brief summary rather than providing extensive background information and spend more time on your argument.
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.
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.
In the end, the most important thing is keeping parents and children safe, and maintaining the economic viability of parents. These all involve human and civil rights. What despairs me, is that the judiciary is far too willing to rule in favor of men in appeals, and not take cases of mothers and children.
Like federal scrip, you can create debt by articulating an argument on paper. That is what statutory law is, the creation of debt. On average if the paperwork is not a valid contract it is simply at best a billable script called attorney ‘work product’. know the difference, an attorney is a processor of statutory law.
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.
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.
Hence, when addressing the present Chief Justice you would do so by saying “Justice Langa” (Note: in these Courts one does not make reference to Mr or Mrs or Miss when referring to specific Judges). However, in Courts where more than one Judge presides it is proper to simply refer to the Judges, collectively, as “The Court”.
If your matter happens to be the second last matter on the roll (and the last matter is unopposed) it will mean that upon you leaving the Court there will be only one practitioner still present. Therefore, remain seated until the last matter has been disposed of (incidentally, although these guidelines do not pertain to the etiquette in the Magistrate’s Court, one should not “ask to be excused” in a Magistrate’s Court if one is appearing in the last matter on that Court’s roll for the day – be it a criminal matter or a civil matter).
In principle, all practitioners are required to robe which includes the wearing of a bib as well as a dark jacket and pants or skirt. The shirt or blouse must be a pristine white.
One sees practitioners make this mistake every day, in motion court, in dealing with unopposed divorces. A Judge cannot stop you from calling a witness. Having dealt with any issues relating to service, proceed directly, and simply announce “I call the plaintiff”.
In fact, do not walk behind a legal practitioner who is on his/her feet but wait for that practitioner’s matter to be disposed of and leave the Court when the opportunity arises.
However, if you are in the company of your opponent, do not use the Judge’s first name if your opponent is not on first name terms with the Judge – in that instance, revert to the formal mode of address namely, “Judge”.
In the same way it is unnecessary to cross-ex amine a witness who has already been discredited or cross-examine a witness whose evidence does not pertain to your client’s case, there is no point in rehashing that which has already been done before – particularly where the Judge has already indicated that he/she will be finding in your client’s favour.