what advantage does an attorney have if they are friends with judges

When an attorney says he/she is friends with the judge, it is only for purpose of suggesting he/she has influence over the judge. I have heard hundreds of times a client tell me that this or that other lawyer’s BFF is the judge. Very unethical and frustrating.

Full Answer

Can a judge be friends with a lawyer on social media?

Why would an attorney say he is good friends with your Judge? An attorney will say it to get your money and have you sign a Retainer Agreement. Rather than rely upon his or her prior success, the lawyer decides to commit ethical violations to try to get you to hire him or her. This type of lawyer will usually flat out lie to a potential client and tell them that the case will be thrown out …

Are attorney-judge friendships possible?

Oct 24, 2017 · In Ohio, the Supreme Court’s Board of Commissioners on Grievances and Discipline wrote the following in its Opinion 2010-7: A judge may be a “friend” on a social networking site with a lawyer who appears as counsel in a case before the judge. As with any other action a judge takes, a judge’s participation on a social networking site ...

Why do we need lawyers and judges?

Jul 29, 2010 · Many lawyers and judges are social friends and most are "friendly." However, this doesn't mean that they are conspiring against the people in Court. In fact, in my more than thirty years experience, I have never seen such a case. Judges and attorneys are trying their hardest to make the system work and to see justice is done.

What was it like to be a lawyer in court?

Nov 14, 2017 · Jurisdictions are divided as to whether a judge violates the judicial canons by being a “Facebook friend.”. For example, there is New York Opinion 13-39 (May 28, 2013), that states just being a “Facebook friend” without more is insufficient to warrant recusal, and it would be unreasonable to base a finding of impropriety on this factor ...

What if judge and lawyer are friends?

When an attorney says he/she is friends with the judge, it is only for purpose of suggesting he/she has influence over the judge. ... In short, if you meet with an attorney that says they are good friends with the judge, do not hire that attorney. This is just the beginning of his or her unethical actions.

What is the relationship between judge and lawyer?

Actually judges and lawyers are complementary to each other. The primary duty of the lawyer is to inform the court as to the law and facts of the case and to aid the court to do justice by arriving at the correct conclusions. Good and strong advocacy by the counsel is necessary for the good administration of justice.

Can a judge and attorney ever be friends on a social networking site?

10-11). → Judges may join social networking sites such as Facebook, LinkedIn, and Twitter, and may be friends with lawyers, law enforcement officers and others who appear before them, with limitations.

Do judges and lawyers know each other?

In most counties and especially in the area of family law, the lawyers know each other well because they practice in front of the Judges and among themselves so often. ... They will know and be able to trust the other lawyer's word on an agreement reached without immediately signing paperwork.

Which one is better lawyer or judge?

However, the following definition is generally true. A lawyer is a person who practices law, whereas a judge is a person who presides over the law....LawyerJudgeEducationLaw school and must pass a standardized bar examLaw school, must pass a standardized bar exam, and have experience as a lawyer3 more rows

Who earns more lawyer or judge?

The most productive (and highest earning) years of a lawyer's life are usually between the ages of 50 and 70. While the burden on a high court or Supreme Court judge is just as much as that on a lawyer of the same age, they have to make do with a small fraction of the remuneration.Jul 7, 2015

Can a judge have an attorney as a Facebook friend?

A judge's Facebook friendship with an attorney is not a legally sufficient basis to disqualify the judge from that attorney's case, a sharply divided (4-3) Florida Supreme Court has ruled in a decision that produced three different opinions from the seven jurists.May 1, 2019

Can a judge be Facebook friends with an attorney?

Some of these courts have noted that a judge may be friends with attorneys on Facebook and other social networking sites, as long as these friendships do not include attorneys who have cases pending before the judge.

Do judges check social media?

A judge may search Facebook and other sites to check on what lawyers and parties are up to, and some judges have been known to require juveniles or probationers to friend the judge or another official on Facebook so the judge can monitor their activities.

Is it better to have a local lawyer?

Local attorneys are more likely to take special care to maintain a positive reputation in their home court. They are more likely to come prepared with a thorough, strategic approach to advance your rights. This is not true for outside attorneys who may never appear in that court again.

How much does a divorce cost?

The median cost of a divorce is $7,500. An uncontested divorce or one with no major contested issues costs, on average, $4,100. Disputes over child support, child custody, and alimony raise the average cost of a divorce significantly. Divorces that go to trial on two or more issues cost, on average, $23,300.Nov 16, 2020

Does your lawyer have to be local?

Not exactly. Each state regulates the practice of law. Generally, only attorneys licensed in a particular state can practice law there.Mar 4, 2020

What is the Illinois Supreme Court Commission on Professionalism?

The Commission on Professionalism was established by the Illinois Supreme Court in September 2005 to foster increased civility, professionalism, and inclusiveness among lawyers and judges in the state of Illinois. By advancing the highest standards of conduct among lawyers , we work to better serve clients and society alike. These duties we uphold are defined under Supreme Court Rule 799 (c). For more information, please visit 2Civility.org, the Illinois Supreme Court Commission on Professionalism’s website.

What is the purpose of Rule 2.9?

Under Rule 2.9 (A) of the ABA Model Code of Judicial Conduct, “ [a] judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers, concerning a pending or impending matter.” The purpose of this rule, with limited exceptions, is to ensure that parties and counsel to matters may present their case free of procedural or tactical advantage , including the mere perception of such.

Ayuban Antonio Tomas

Criminal defense lawyers are a pretty tight-nit group, but that doesn't mean that they don't zealously advocate for their client. I have plenty of friends at the prosecutor's office that I wouldn't hesitate to slam (figuratively) if I needed to in order to protect my client's rights. I think maybe you are being a little paranoid.

Peter J Tomao

Many lawyers and judges are social friends and most are "friendly." However, this doesn't mean that they are conspiring against the people in Court. In fact, in my more than thirty years experience, I have never seen such a case. Judges and attorneys are trying their hardest to make the system work and to see justice is done.

William Robert Jay

Unless the law and the facts are completely in his client's favor, and he or she plans on never dealing with either the prosecutor or judge ever again, it's probably a much better idea for a defense attorney to be somewhere between professional and friendly with the judge and the prosecutor.

Stephen Andrew Mosca

Some defense lawyers, prosecutors, and judges are social friends: that is unavoidable. However, I can see where it may make you feel uncomfortable. I do not think it is professional for that friendship to bleed over in any way into the courtroom during a client's representation.

What is the Code of Judicial Conduct?

However, the Code of Judicial Conduct recognizes the need for judges to engage the community and encourages judges to do so, albeit with express limitations and guidance. [31] Unfortunately, interaction between judges and the public — and lawyers in particular — is declining.

What is judicial disqualification?

Litigants have a right to a fair and impartial judge, and a judge must avoid impropriety and the appearance of impropriety in all of the judge’s activities. [30] .

Who is Ralph Artigliere?

Ralph Artigliere was a trial lawyer and circuit judge in Florida for more than 30 years.

Is mere friendship a disqualification?

The Herssein court begins its analysis with the premise that Florida courts and the Florida Supreme Court have “long recognized the general principle of law that an allegation of mere friendship between a judge and a litigant or attorney appearing before the judge, standing alone, does not constitute a legally sufficient basis for disqualification.” [7] The reasonableness of a litigant’s belief, therefore, depends on something more than mere friendship. Indeed, the court noted that “‘friendship’ in the traditional sense of the word does not necessarily signify a close relationship.” [8] Turning its attention to Facebook “friends,” the court similarly holds that something more than a mere online social media connection is required to establish a reasonable basis for disqualification. This is in line with “the majority of state judicial discipline bodies and judicial ethics advisory committees….” [9]

Can a judge disqualify a Facebook friend?

While the Herssein case clearly establishes that a Facebook friend relationship between a judge and a lawyer before the court, without more, is not disqualifying, the majority opinion contains no guidance on what factors in a social media relationship would rise to the level of reasonable belief of unfairness or how such information might be obtained. The concurring opinion recommends that judges avoid Facebook altogether. [41] While many judges will weigh the complexities of a social media presence and its value and decide to stay away as suggested by the concurring opinion, many others will feel compelled to connect with others as social media continues to evolve and expand in importance in our society.

Do judges have to be passive observers?

As social media continues to evolve and pervade our society, it becomes increasingly unrealistic and unwise to suggest that judges remain passive observers. In fact, judges may be compelled to actively engage in social media to gain a better understanding of how the vast majority of those who appear before them are communicating. Nonetheless, a judges’ level of social-media engagement is tempered by ethical constraints, just as judicial involvement in other aspects of society has always been limited for those accepting the mantle of judge.

Is the Herssein ruling based on a narrow record?

[3] Moreover, the Herssein ruling is based upon a narrow record and only addresses whether a Facebook friendship between a trial judge and a lawyer appearing before the judge, standing alone, would merit an automatic disqualification.

Why do judges not report each other?

1. Lawyers and judges cover for each other. Most judges and lawyers will not report each other for misconduct or violations of judicial ethics. Judges especially can get away with bad behavior because lawyers don’t want to get on a judge’s bad side.

Why are judicial orders not enforced?

Judges have the power to enforce awards but are typically reluctant to force men to honor their support obligations to their families because, under the law, men who don’t’ comply would have to be jailed, and judges are often highly reluctant to jail a deadbeat dad.”

What are the rules of divorce?

Divorce is a civil action, and every state has rules of civil procedure. What you don’t hear about but, have probably fallen victim to, are the unwritten family court rules. These “unwritten rules,” are the rules that define how judges and lawyers conduct themselves with each other. These unwritten rules, the rules that define what goes on ...

What to do if you can't come to an agreement with your spouse?

If you find yourself unable to come to an agreement with your spouse and you do have to schedule a court date be wary of these hallway settlements. You hire a lawyer to protect your interests but you have to put pro-active energy into making sure those interests are truly protected. 3. Judges don’t enforce court orders.

What is child support order?

1. An order for child support is nothing but a promise on a piece of paper. Regardless of what you hear about fathers going to jail for non-payment, that rarely happens. When it comes to enforcing that child support order don’t expect much help for your local Family Court Judge. 2.

Why do judges have to run against opponents?

Because not enough people enter the campaigns, it means that many judges end up in their positions for years or even decades, even if they aren’t doing well at their jobs. The lack of opposition means that the accountability described above is eliminated altogether in some situations.

Why are judges more likely to rule in the election?

Elected judges rely on being liked by the people to remain in office, and sometimes that pressure to be liked is reflected in their court decisions. This is especially true during election years. During election years, judges are more likely to rule in accordance with the popular opinion of citizens rather than what is legally fair or right. In fact, during election years, judges are more likely to hand down rulings are too harsh for the crime committed simply because they want to prove to the community that they are hard on crime.

Will judges be elected in 2020?

The Pros and Cons of Electing Judges. The 2020 election year is well underway, which means you’ve probably been considering where to cast your vote. Depending on where you live, you might even be electing judges this year. Not all areas elect them, though. In fact, some areas appoint judges because they feel the disadvantages ...