how to take my attorney before the judge

Here are some steps you can take to work out the problem before it becomes unmanageable.

• Step 1: Raise Your Concerns With Your Lawyer. If you're dissatisfied with your lawyer, your first step should be to raise your concerns in a ...
• Step 2: Direct Your Concerns to the Public Defender’s Office or Supervising Attorney.
• Step 3: Ask the Court for a Hearing to Request New Counsel.

Full Answer

Can you ask a judge for a new lawyer?

If you get to the point of asking a judge for a new lawyer, here are some factors to carefully consider. At a hearing to request new counsel, the courtroom is typically closed to all but the judge, the defendant, and the appointed lawyer, and the record of the proceeding will be sealed.

How do I get a court-appointed attorney before trial?

Go to the courthouse and request a form to request a court-appointed attorney, and make sure that it is acted upon by the clerk immediately given that time is of the essence with trial approaching. If all else fails, request an adjournment from the judge if you are not given a court-appointed attorney in a timely manner before trial.

Do I need an attorney to take my case to court?

You Will Most Likely Be Paying Your Attorney's Bills Unless you are going to Small Claims Court without an attorney, if you are taking this case to court to save money or get a big payoff, it won't happen. A good example is taking a non-compete agreement case to court.

Can a judge take over a case from a lawyer?

Many judges were once trial lawyers and so they may find it hard to resist the temptation to take over your case. In some situations, it may even appear that the judge is helping out the other side by examining your witnesses or making the other side’s arguments for them.

How do you stand before a judge?

This is another way to be respectful to the judge.If you must call for the judge's attention, wait until you can do so without interrupting anyone. Then stand and politely ask the judge, "Your Honor, may I be heard?" If you are not acknowledged, sit down.You may not approach the judge outside of the courtroom.

How do you beat a judge?

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.

What should you not say in court?

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.

How do you calm down before a court hearing?

Keeping Calm on the Stand | 7 Tips for Testifying in CourtClothing is Important. No matter who you are, you're going to want to dress in your best clothing. ... Act Respectfully. ... Refresh Your Memory. ... Speak Slowly and Truthfully. ... Answer Questions Only. ... Avoid Absolutes. ... Stay Calm.

How do lawyers win cases?

First, lawyers understand and believe the facts their clients relay to them. Second, after hearing the facts and identifying the legal issues a client is facing, a lawyer must find a previously decided opinion (called case law or precedent) with an outcome that favors their client's position.

How do you speak confidently in court?

Do'sDO speak calmly and clearly.DO use the proper forms of address.DO be polite.DO stand when you address the court.DO make eye contact with the judge when you are speaking.DO ask for clarification if you are unclear about something.DO thank the judge for listening.DO arrive early to court.More items...•

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.”

How do you look good in front of a judge?

Your Day in Court: How to Behave in Front of a JudgeDress conservatively and professionally. No sandals. ... Keep your makeup minimal and natural. Don't get crazy with that eye shadow. ... Take the metal out of your face. If you normally wear facial piercings, take them out. ... Don't wear a belt or complicated shoes.

What color should a woman wear to court?

What Color Should a Woman Wear to Court? Darker, more serious colors are preferable, and bright colors should be avoided. The best colors to wear to court are “conservative” colors (white, blue, navy, gray, and the like) and to steer clear of crazy patterns and shocking fashion statements.

Should I wear jeans to court?

To maintain the dignity of the Court, the Court requests that the following list of minimum standards regarding appropriate dress be met before entering the courtroom. 1) Men should wear a shirt with a collar and long pants. (Jeans are acceptable). 2) Women should wear a dress, or a blouse and skirt or long pants.

Should I be nervous for court?

Prepare for the way you act when you are nervous. It is important to stay calm when in court. However, appearing in court is a cause for anxiety, even for seasoned attorneys.

Is testifying in court scary?

Being called as a witness in court can be stressful. People who have seen courtroom dramas on television and in the movies fear that the opposing lawyer will trip them up, twist their words, or make them look foolish.

How could you not have gotten a court appointed attorney if you asked for one?

How could you not have gotten a court appointed attorney if you asked for one. If it's a felony and if you meet the economic qualifications for one, they have to give you one. There is no way your case could have proceeded so far as to be one week away from trial without one. If it's a misdemeanor you are not entitled to one automatically. The judge can grant you one if he thinks there is a chance you could go to jail. Have someone contact Pretrial Services on your behalf to see about the matter.

What to do if you refuse to get an attorney in Georgia?

If you refused to apply for one earlier or do not qualify for a court appointed attorney you may be out of luck. Contact the Georgia Public Defende Standards Council (www.gpdsc.org) and look for your local office . Some counties have opted out of the system, however, so you may also need to check at you local courthouse. Trial without an attorney is generally a terrible idea. You may need to do some begging with the judge.

How to get evidence of indigent status?

Go to the courthouse and have your file brought into court so you can make an oral request to the judge; you may also want to bring evidence of your indigent status (i.e. pay-stub, etc.).

What is the notice to appear in court?

Appear in court with documentation showing that you are indigent including bank statements, medical diagnosis that you are disabled, proof that you are receiving government assistance, etc. so that the court can review it for the determination of indigency. If you own property or work and make more than minimum wage, you are probably not considered indigent and probably do not qualify for a court appointed lawyer.

Can you ask a judge for a trial?

You can ask the Judge, but if you don't qualify then you don't get one. You can retry if some financial issues have come up. Otherwise, better hire yourself a lawyer for trial.

Can you screen for a public defender?

You can always screen for a public defender different courts have different times and mechanisms in which they screen (for financial eligibility) people for public defenders.

Can a judge say no to a lawsuit?

You can try but the Judge may simply say no. You should consider contacting a private attorney.

How to file a motion in court?

To make a motion in writing, you may need several different documents. Your court may have a specific form that needs to be filed for a motion, and you will usually also submit supporting documents like an affidavit in support of the motion, a memorandum of law (if necessary), and exhibits that would be admissible at a hearing. If you have an attorney who is representing you, the motion that s/he files on your behalf would also include an affirmation from your attorney. Some states also require you to file a notice of motion that outlines what you are asking for and sets a time for you to appear in court to present (argue) your motion to the judge. In some situations, you might also make a motion by writing a letter to the judge that explains what you are asking for, and why. Any time you send anything in writing to the judge you must also send a copy to the other party or his/her attorney. The other party would then have a chance to respond.

What is a motion in court?

A motion is a request that the judge grant some kind of relief related to your court case. There are a few different ways that you can make a motion. Oral motion - You can make a motion verbally (orally) while in court. This can be at the initial appearance, at a status appearance, or during a hearing. Usually, you can use an oral motion ...

When to use oral motion?

Usually, you can use an oral motion when the request is not complicated, or if it is an urgent request that you are hoping the judge will grant that day. When you make an oral motion, the other party or his/her attorney can respond by arguing against the motion.

Can a judge grant emergency relief?

Generally, a judge will only grant emergency relief if there is some chance that serious harm might result if the temporary relief is not granted. The judge might grant an emergency order, but then schedule a court appearance within a few days. After the appearance, the judge can decide whether or not to grant the requested relief on ...

How to argue with a judge?

In this scenario, don’t “argue” with the judge about the law. Arguing with the judge is the equivalent of telling the judge you think he or she is an idiot. Instead, think of your presentation as a “discussion” about the law. Instead of trying to convince the judge that he or she is “wrong,” simply point out that other courts faced the same legal questions, how those courts found guidance from other courts that have dealt with similar issues, and how those courts resolved those issues. In the end, don’t be afraid to inform the judge that a higher court or a legislative body has already made a decision that the judge must follow.

How to prepare for court?

Prepare Your Client for Court. Help your client understand that you have no control on which judge will be appointed to preside over any hearings or the trial. Depending on the type of case, there may be different judges during different phases of the case. In some cases, a single judge is assigned throughout the case.

Why do you bring your client to court?

Bring Your Client to Court. Although many courtroom appearances and hearings can take place without your client’s presence , there are three main reasons to bring your client to court. First, you put a human face to the case instead of it being just another number on the docket.

How to make a client aware of their body language?

Make the client aware that they should control their body language and expressions during court. Explain to them that no matter how difficult things become in the courtroom, they are to remain silent, sit still, and wear a “poker face” without any expressions such as eye-rolling, frowning, shaking their heads, and so on.

How to address a judge without argument?

If the client has to speak to the judge, make sure they understand to stand up, address the judge as “sir” or “m’am,” and to directly answer the judge’s questions without argument. In other words, make sure that your clients understand that they aren’t in court to argue their case; that’s your job.

What to know about a judge before taking the bench?

Learn about the judge’s professional background such as the type of law the judge practiced before taking the bench. For example, a judge who was a criminal prosecutor before becoming a judge may be less knowledgeable about the laws and the procedures in a civil case. In this digital age, you likely can find prior decisions made by the judge or even articles or papers written by him or her as a lawyer or a judge. If you’re lucky, you may get an idea of how the judge will view your case before you enter the courtroom.

What to do if a judge cuts you off?

If the judge seems determined to cut you off, politely ask for an opportunity to be heard. Rarely will a judge deny you this opportunity, so stay calm and present your case.

What happens when an insurance case is referred to an attorney?

If the case relates to insurance, the insurance company will do everything it can to keep the case out of court.

What happens if you go to court for insurance?

If the case relates to insurance, the insurance company will do everything it can to keep the case out of court. If you want to go to court to make your case heard, don't count on it happening.

What is civil litigation?

Civil litigation is between two parties in which one party is claimed to have injured another, and it's the kind of litigation most businesses will be involved in. Criminal law is the government prosecuting a crime against society.

Do insurance cases go to court?

Like the cases you see on TV law shows, the parties don't want to go to court—too expensive and too risky. In insurance-related cases, in particular, the attorneys (one of whom probably works for an insurance company) often reach an agreement just before trial, when they have the most leverage.

Is law and order a civil case?

In general, what you see on TV law shows like Law & Order is criminal law, and what happens in a criminal case is not the same as the typical small business involvement in a civil case.

Can you go to small claims court without an attorney?

Unless you are going to Small Claims Court without an attorney, if you are taking this case to court to save money or get a big payoff, it won't happen. A good example is taking a non-compete agreement case to court.

Can a lawyer make a case?

A good litigation attorney can make or break a case. Every case is different, even if it's the same type of case. 3. You Can't Force Someone to Pay. In civil lawsuits, particularly in Small Claims Court, you can get a judgment by the Court for money owed you, but you may have great difficulty collecting the money.

What to do if the judge never asks you a question during your law and motion hearing?

If the judge never asks you a question during your law and motion hearing, do not, I repeat, do not start talking. Know when you are ahead and keep your mouth shut.

How to convince a judge that your position is correct?

Do not launch into a diatribe on the details of your case. In the case management context, the judge does not want to hear extraneous information, particularly with 40 plus more cases to hear that morning. In a law and motion hearing, the judge has communicated to you where he or she believes the issue lies, so this is your chance to convince the judge that your position is correct.

How to check if a court case is still on calendar?

1. Check the court calendar and/or tentative ruling. Most courts have an online calendaring system that will show whether a hearing is still on calendar, whether a tentative ruling has been issued, and whether a hearing is required. Some courts will have a telephone option for tentative rulings.

What to do if you don't want to contest a tentative ruling?

on the day before the hearing. If you don't, and the other party does not appear, you will not be allowed to argue. If you don't want to contest the tentative ruling, then you don't have to appear unless opposing counsel advises they plan on appearing. If no one appears, then the tentative ruling is adopted. If the tentative says "hearing required," you must appear.

What to do if you see opposing counsel on your case?

If you see opposing counsel on your case, check in to let them know you have arrived. If you have not met them in person, you can ask the clerk if they have checked in yet, or wait until you hear them check in. Introduce yourself. Common courtesies go a long way to building rapport and collegiality.

What to do when your office has dropped the ball?

Own any mistakes. If, god forbid, you are in a case management conference and are dealing with an issue where your office has dropped the ball by missing a deadline or some other infraction, do not make excuses. The court does not want to hear it. Own the mistake, apologize, and advise that it won't happen again.

Where is the hearing list in court?

When you arrive at the court, there will usually be a hearing list just outside the courtroom or inside the courtroom. Find your case and note what line number you have been assigned. The judge usually calls the cases by line number so you will have an idea of how long you will be waiting. Thank you for subscribing!

What to do if you are dissatisfied with your lawyer?

If you are dissatisfied with your lawyer, your first step should be to raise your concerns in a conversation. If the problem persists and your lawyer is a public defender, you may contact the lawyer’s supervisor. In rare cases, the supervisor may assign a different public defender. This would be done without court intervention.

What to do if you can't solve a problem without a court?

If you are unable to solve the problem without judicial intervention, you may ask the court for a hearing to request new counsel. You can normally make this hearing request directly to the court, but if you tell your current counsel of your wish to have this hearing, your lawyer would have an obligation to notify the court.

What happens when a defendant presents his grievance?

The defendant presents his grievance, the defendant’s lawyer responds, and the judge normally asks questions to clarify the dispute. The judge will attempt to resolve the disagreement without having to appoint a new lawyer. If you seek a hearing, you must be prepared with organized and specific reasons.

What happens at a court hearing?

At a hearing in which you ask for a new lawyer, the courtroom is typically closed to all but the judge, the defendant, and the appointed lawyer, and the record of the proceeding will be sealed. This means that neither the prosecutor nor the public will have access to a transcript of the proceeding. The defendant presents his grievance, the defendant’s lawyer responds, and the judge normally asks questions to clarify the dispute. The judge will attempt to resolve the disagreement without having to appoint a new lawyer.

What are the reasons for seeking a new counsel hearing?

If you seek a hearing, you must be prepared with organized and specific reasons. Successful arguments for new counsel generally involve a significant lack of communication, failure to investigate key evidence, and failure to make valid legal arguments. Remember that your “opponent” in this hearing will be your lawyer.

Which amendment guarantees the right to legal counsel?

The Sixth Amendment guarantees the right to the assistance of legal counsel in criminal cases. If a person does not have the financial means to hire an attorney, courts will appoint a lawyer at public expense in all cases that have the possibility of incarceration, including misdemeanors. Court-appointed lawyers generally come from either a public defender’s office or from a panel of local private attorneys approved by the court.

When claiming a lack of investigation, what should you focus on?

When claiming a lack of investigation, focus on the evidence that you want your lawyer to track down and how it might be helpful to your defense. To the extent possible, avoid giving your own version of events and your interpretation of the alleged criminal conduct.

How to get a dead beat court appointed attorney's attention?

You have to do something to get a dead-beat court-appointed attorney’s attention. Writing letters is the way to go. A letter puts your attorney on notice that (1) you have some legal knowledge, (2) you want your children back, (3) you want a better quality of representation than they are giving to most clients.

What is the problem with court appointed attorneys?

The main problem with court-appointed attorneys is that they are paid by the county; that same county that is your adversary in juvenile court. So how motivated can a county-paid attorney be to go against the county and help you? Turn the tables. Take charge of your case by letting your attorney know what you need.

What happens if you have a court appointed attorney in a CPS case?

If you have a court appointed attorney in a CPS case you will need to make sure that person will work for the best interest of your case.

What happens if you don't set forth your requests in writing?

If you don’t set forth your requests in writing, there’s no proof you asked for anything in particular to be done. Let’s face it. Some court-appointed attorneys are awesome workers who really care, but too many court-appointed attorneys are known for what they don’t do.

How to take charge of a case?

Take charge of your case by letting your attorney know what you need. A way to help your attorney make decisions about your case is to decide, yourself, how you want it handled. Then sit down and write your attorney a comprehensive letter detailing exactly what you want to have done. A keyword to remember is proactive.

Is it possible to find a good pro bono attorney?

Get over the idea that you might find a good pro-bono attorney. It rarely happens.

Do juvenile attorneys help parents?

I understand that many court-appointed attorneys tend to simply guide parents through the juvenile court system, advising them to plead guilty to charges to make things easier for everyone else in the courtroom. This is not the kind of representation I’m requesting. I’m asking you to be actively involved in proving my innocence.

Raul Sandoval, Texas divorce attorney

Always be respectful. You ultimately want the judge to like you and sympathize with your situation to hopefully rule in your favor. Respecting the judge, the courtroom and the process is a good start.

Kara Didier, Oklahoma divorce attorney

The divorce litigation process can seem intimidating. Taking time to prepare yourself for hearings in your case can bring you better results.

Megan Williams, Tennessee divorce attorney

The best way to prepare for a court appearance in front of a judge is to dress in business attire. Wear what you would wear if you were going to a nice restaurant.

Erica Eberle, Tennessee divorce attorney

Guys should absolutely prepare with their attorney. An attorney invested in your case will meet with you prior to any hearing where you will give testimony to ensure that you are comfortable with potential questions and that you are appropriately conveying your message to the court.

William Phelan, Pennsylvania divorce attorney

One often overlooked way to prepare for a hearing before a master or judge is to work on your presentation to the court. Especially if this is your first appearance in court, making sure you are properly groomed and dressed is an easy way to help make a good first impression.

Rebecca DeVincent, Virginia divorce attorney

Prior to any hearing before a judge, schedule a time to meet with your attorney. If your attorney has not already given you an outline of what will occur at the hearing and what questions you should expect, ask for it.

Anne Scipior, Wisconsin divorce attorney

Your attorney should be assisting in making sure that you are prepared to appear before a judge at hearings.

What happens if a government attorney seeks to have a defendant detained until trial?

If the government’s attorney seeks to have the defendant detained until trial, a detention hearing is held. The defendant is present, and is represented by a lawyer, at this and all future hearings. The judge will use the report from the pretrial services officer, among other things, to make the decision.

How do you prepare for trial?

To prepare for trial, both sides will conduct discovery . During discovery, both parties gather all the information and evidence they will present in court. Both sides can take depositions of witnesses. Either side can request documents and statements from the other side when building their case.

How to settle a civil case without a trial?

In federal civil cases, the judge often recommends or requires the parties to attempt to reach a settlement in the pretrial phase. This often takes the form of Alternative Dispute Resolution (ADR) or mediation . This provides a cheaper and faster way for parties in a civil law suit to settle their disagreement without a full trial. This process is non-binding until an actual settlement is reached, so the parties can request an actual trial at any time. An impartial person, sometimes called a neutral or a mediator, facilitates discussions between the two sides, to assist them in coming to an agreement. Many civil disputes must first go through the mediation process, by order of the judge. All mediation proceedings are confidential, and never become part of the court record. If the parties don’t reach a settlement this way, the case will continue to proceed through the court system.

What happens after a guilty plea?

After entering a guilty plea, the defendant will then meet with a Probation Officer, who prepares a pre-sentence report. The defendant will appear before a district judge at a separate hearing, to be sentenced. If the plea is not guilty, then the attorneys will begin preparing for trial. During pretrial discovery, ...

How does a defendant get a sentence?

In criminal cases, the defendant will likely get a shorter sentence or less harsh punishment by accepting responsibility by pleading guilty. The prosecutor may agree to drop some of the charges if the defendant admits guilt. The defendant’s attorney works with the prosecutor to come to terms both sides can agree with. These pretrial negotiations, sometimes called a plea bargain, do not involve the judge until the defendant formally changes their plea from not guilty to guilty. At that time, the judge will put the defendant under oath, and ask a series of questions to determine not only that the defendant is competent to enter the plea, but also that he is doing so truthfully and willingly. Once the judge accepts the guilty plea on the record, a sentencing hearing is scheduled for a future date. Visit the Student Center page about Your Day in Court to learn more.

What happens if you are released from jail?

If released, the defendant usually must follow conditions like submitting to drug testing and reporting to a pretrial services officer while awaiting trial.

What is a criminal pretrial?

Criminal Pretrial. A person or entity (the plaintiff) files a civil complaint against another person or entity (the defendant ). The plaintiff must serve the defendant with the complaint by officially delivering it to them in person or electronically. The defendant files and serves an answer, which is their response to the complaint.