what do i do when my judge and attorney are against me

Let me do the talking and when the judge or opposing attorney asks you a question then you respond. Just try to keep as calm a face as possible. For example, I had a client one day who starting making comments without being addressed by the court or the opposition.

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What to do if you are unhappy with a court decision?

language [455(a)] imposes a duty on the judge to act sua sponte, even if no motion or affidavit is filed." Balistrieri, at 1202. Judges do not have discretion not to disqualify themselves. By law, they are bound to follow the law. Should a judge not disqualify himself as required by law, then the judge has given another

What to do if your lawyer is not working on You?

May 30, 2020 · It is important to contact an attorney for a full review of your situation to determine if there is a way to beat the charges against you or to appeal a finding of guilty entered against you. APPEALS ARE NOT AUTOMATIC AND ARE TIME SENSITIVE SO ACTION MUST BE TAKEN IMMEDIATELY TO INVESTIGATE YOUR OPTIONS

Who can file a complaint against a judge?

Jul 19, 2012 · If you have already appeared before the judge it is likely too late to file a peremptory challenge under CCP 170.6, as Attorney Chen pointed out. But since you have not given us any information, including whether this case is civil or criminal, we can't really tell if you might still be able to use section 170.6.

How do you ask a judge to reconsider a ruling?

Sep 02, 2020 · With the help of a lawyer, you can file a motion to vacate the judgment. In doing so, you’ll need to explain to the judge why you didn’t appear in court. If your motion is successful, then you are able to contest the case. A contested case often results in a more favorable settlement than a judgment.

How do you handle a biased judge?

If the Judge makes a ruling in a court hearing that a guy feels is bias, then he should contact his attorney immediately to try to bring the matter back to court for a motion to set aside the order or appeal the ruling depending on the state's rules of civil procedure.

How do you deal with difficult judges?

If the client has to speak to the judge, make sure they understand to stand up, address the judge as “sir” or “ma'am,” and 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 happens if a judge is unfair?

The right to recuse is given to the discretion of the judges. ... There is no specific legislation in India to direct a judge's recusal. Even though there are no specific laws regarding the same, there has been customary practice. This is based on a probable existing bias, where judges are expected to recuse.

What is the most common complaint against lawyers?

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.

What should you not say to a judge?

8 Things You Should Never Say to a Judge While in CourtAnything that sounds memorized. Speak in your own words. ... Anything angry. Keep your calm no matter what. ... 'They didn't tell me … ' ... Any expletives. ... Any of these specific words. ... Anything that's an exaggeration. ... Anything you can't amend. ... Any volunteered information.Apr 15, 2018

Can a judge yell at you?

A judge must not only be fair, but be seen to fair. That means he must act in a way which shows his impartiality. Yelling at people generally reflects an emotional dislike for that person. If you yell at a litigant it might be seen that you are emotionally biased towards that person.

Can a judge refuse to look at evidence?

Yes. If evidence is offered but is not admissable, the judge should refuse to consider it. If evidence is not properly offered, the judge should refuse to consider it. If it is admitted into evidence, neither the judge nor the jury may properly refuse to look at it.

How can we fight judicial corruption?

Operational reforms that may help prevent political influence and reduce certain types of corruption usually include measures such as the introduction of an adequate case management system, ethical and technical training for judges, court staff and prosecutors, appropriate salaries and benefits, the adoption of clear ...

Can judges be unfair?

Filing a grievance based on unethical behavior can encompass a wide range of infringements including violations of the code of conduct (also outlined above) or simply behaving in an inappropriate manner during the trial. These grievances are filed against the judge in question with a clerk of federal appellate court.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

How do you write a complaint letter about a lawyer?

Formal complaint against [name of lawyer or law firm] describe what the lawyer had been hired to do for you [for example dealing with the sale or purchase of a house] • say when this was [give the date or dates when the problem occurred]. My complaint is that [list what you think went wrong or wasn't done properly.

How do you know if a lawyer is scamming you?

Some common signs of a scam include:Payment needs to happen quickly. You can't ask questions or get clarification.It's an emergency. Someone may threaten you or your loved ones.Requests for money usually happen over text, email or phone.The person contacting you is not someone you recognize.Mar 29, 2021

Catherine Elizabeth Bennett

If you have facts to support your concern of bias, you can make a motion for the judge to be disqualified for cause under CCP 170.3 but you need to make the motion as soon as you are aware of the facts that support your claim.#N#If you have already appeared before the judge it is likely too late to file a...

Frank Wei-Hong Chen

Generally speaking, no, not if you have already appeared before this judge. Normally, you could have filed a premptory challenge to the judge pursuant to Code of Civil Procedure section 170.6, but most likely the time has already expired for that.

What happens if you don't hold up your end of the agreement?

Therefore, if you are not holding up your end of the agreement, the lender or creditor can sue you. If the lender or creditor is successful in the lawsuit, it can result in a judgment against you.

How does a creditor seize property?

Wages: One of the most common ways a creditor seizes property is through wage garnishment. In this case, the creditor will legally require your employer to hand over a certain percentage of your income each pay period. This is generally about 10 percent of your gross wages per pay period. This varies between states.

Who is Tayne Law Group?

Since 2001, Tayne Law Group has helped countless clients resolve their debts for a fraction of their original amount. Our in-depth knowledge of debt settlement and creditors has enabled us to develop a debt relief process that’s truly effective.

Can a judgment be filed against you?

A judgment could be filed against you in several ways: You fail to show up in court: If the creditor files a suit but you fail to appear in court or respond to the suit properly, the creditor will win the suit and therefore can file a judgment.

What is a judgment in court?

A judgment occurs when the creditor wins their case in court. It allows the creditor to pursue other ways to recoup the debt you owe, often including wage garnishment. A judgment also often includes interest, as well as other costs such as attorney’s fees. A judgment could be filed against you in several ways:

How long does a judgment last on a credit report?

But you may not know for sure if there’s a judgment against you. Judgments typically last 20 years, so it’s important to know if there’s one against you.

Can a creditor freeze your bank account?

Nonwage garnishment: In addition to wage garnishment, the creditor can freeze your bank account instead. Normally, you would have no warning when this happens. You may find out by trying to access your account and find the funds frozen. However, certain exemptions exist here as well.

What happens if a judge doesn't like you?

In family law, you generally don’t have a jury in front of you, you have a judge. If a judge doesn’t like you, it is very, very difficult. You can’t just say the judge doesn’t like me so I want a different judge. It doesn’t happen that way.

Can you change a judge?

The only way you can change a judge is if you recuse them but there has to be some sort of wrongdoing or bias that is shown and that’s not always easy to do. A judge has to make a decision one way or another and you’re not going to win everything.

How important is demeanor in court?

A client’s demeanor in the courtroom is extremely important. It’s really one of the most important aspects in any proceeding. You are being judged based upon how you act and react to certain clashes. I like to let my clients know that their demeanor should be on an even keel. You don’t want ups and downs. Things can get emotional and I’m not saying that is never a factor, but you need to be reserved. Take your emotions and put them in a place where you are going to be able to get your story and your testimony out without letting emotions overly creep in. What you don’t want to do is have a question posed to you by opposing counsel in which you answer in a rage. You don’t want a question asked that makes you unable to rationally come up with an answer and let your emotions fuel your behavior.

What is interlocutory appeal?

Interlocutory appeal is a tool that circumvents waiting for the final decision of the district court, instead allowing direct appeal to the appellate court while the action is pending. This practice point illustrates the operation of Federal Rules of Appellate Procedure 5.0, below. Rule 5. Appeal by Permission.

What is the meaning of "permission to appeal"?

(1) To request permission to appeal when an appeal is within the court of appeals' discretion, a party must file a petition for permission to appeal.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What to do if your lawyer doesn't work?

If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.

What to do if you are not satisfied with your lawyer?

If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

Does the state bar reimburse clients?

But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.

Can you sue for legal malpractice?

If you want to sue for legal malpractice, do it as quickly as possible. A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument.

What is an appeal based on?

The appeal must be based on an assertion that the judge made an error in his fact finding or that he incorrectly applied the law to the facts. For example, a party may believe that a judge's ruling was unfair because the judge applied incorrect law, ignored evidence, expressed prejudice or appeared intoxicated during trial.

Why do you have to recuse yourself from a lawsuit?

A party to a lawsuit may ask a judge to voluntarily recuse, or remove, himself from a case if the party believes he has reason to question the judge’s impartiality. For example, a judge may recuse himself if he is friends with or relatives of a party who appears before his court, or if the party is a former client. A recusal is also appropriate if a judge's personal feelings may cloud his professional judgment. For example, a judge who loses a spouse because of a doctor's mistake may be unable to rule with fairness and impartiality on a similar medical malpractice case.

What are the standards of a judge?

Judges are held to high legal and ethical standards . They must treat all people in their courtrooms with fairness and impartiality. Judges who show favoritism in court or who commit judicial errors that create unfair results face consequences.

How long does it take to get a motion for reconsideration?

Generally, the party must file the motion for reconsideration within a certain number of days after a judge makes an objectionable decision. You should contact your court about deadlines because they can vary from state to state and from court to court.

Can you appeal a judge's decision?

A person who is unhappy with a judge's final ruling can also appeal the decision to a higher court. For example, if your case is in federal court for the District of New Jersey, you can appeal the judge's decision directly to the Third Circuit Court of Appeals. If your case is in state court, your state's court system will have an appellate court ...

What is the duty of a judge?

A judge must adhere to ethical codes of conduct, which requires him to treat people in his courts with dignity and fairness. Judges who behave rudely or who tilt decisions based on their personal interests or biases may be subject to professional discipline. A party may file a formal grievance against state or federal judges.

What to do if you feel a judge is unfair?

If you feel a judge is being unfair or is showing favoritism toward your opponent when it is not warranted, you can use the appellate process to have the decision reviewed, and you can also seek recusal or even disciplinary action.