I just looked at our court docket and I see my ex wives current spouse listed under our attorneys name. I know my ex wife's spouses ex spouse isn't using our attorney. I know that they may have collaborated and I just became concerned our lawyer m...
The court docket is not an official document of the court, and is occasionally wrong. It is sometimes helpful to point out errors to the clerk if they could result in a problem, but designations of counsel are rarely in that category.See question
If appellant wants to dismiss an appeal. I filed Motion to Dismiss.
In most states, the parties sign and file with the clerk of the court of appeals an agreement that the proceedings be dismissed and someone pays whatever costs are due. Some jurisdictions will allow dismissal without agreement on payment, but many will not, and the case remains open until the costs are paid.See question
Atty filed an appeal in a landlord / tenant dispute and the atty is treating to have the appeal dissmissed.
The lawyer for the appellant can and in some jurisdictions is required to dismiss an appeal if the appeal would be frivolous. If the issue is payment for the attorney's services or the attorney not wanting to write the brief, in most states the attorney must move to withdraw without terminating the appeal itself. That provides time to secure other counsel to prepare the brief and represent the person on appeal.See question
I was a plaintiff (Pro se) in small claims court regarding a check I had received that was returned for reasons of stop payment. I went to trail and the defendants brought counsel with them. I argued a breach of contract for approximately 1.5 ho...
Magistrates generally only recommend to judges, as a magistrate is appointed rather than elected. So the next step is to object to the magistrate's recommendation. The judge may consider your request for findings of fact and conclusions of law to constitute an objection, or not, depending on the judge's attitude toward pro se litigants.See question
We receive online tips from customers. She received her amount and signed for the amount. She now claims we owe her more but we know we don't. She threatens to take us to court. The amount she received is what she earned and she signed saying she ...
If she manages to get an experienced attorney to take her on as a client, that is some indication that she has evidence supporting her story. Anyone can sue anyone else, but threats made without an attorney are usually intended just to waste your time.See question
Witness supeona says this.
Return and endorsement simply means that the subpoena was given to the witness in person by the officer.See question
Opposing counsel filed a motion for summary judgment alleging the complaint is time barred by statute of limitations. I didn't respond because it was without merit. That motion was rightfully denied. He renewed the exact same motion falsely allegi...
Pro se parties are often given a bit of procedural leeway by judges when it comes to the application of the rules, except when the judge wants to rule against the pro se, when suddenly the rules get applied. Developing a feel for the new judge probably requires filing a response as soon as possible, so that the judge does not take the path of least resistance and rule in favor of the other side.See question
Hello. Shortly after a final ruling in my divorce and custody case, my attorney gave me approximately 5 hours formal notice before filing to withdraw from my case. In the withdrawal filing, the stated reason was basically that the case was over. I...
The key in any appeal is to demonstrate that something harmed the case; withdrawal is not generally harmful. If the deadline did not pass without a filing, then generally there is no prejudice, and thus nothing to be won. Only if the lawyer's failure to act resulted in you losing something can there properly be a claim; so failing to cooperate when there are 21 or 33 days to act is not generally prejudicial. There is adequate time for you to file, even if the filing is complicated.
In a civil case there generally is no right to adequate representation, so no advantage to be gained by arguing inadequate representation. Malpractice is a very difficult claim to win; most malpractice attorneys only do malpractice, and most charge a hefty retainer to review a case.See question
I took a plea for assault and attempted abduction. And disrupting official business. At the time I had been on bipolar and depression meds and feel as if I wasn't thinking Clearly about the charges I was pleading to and feel mislead because I was...
If your attorney, the prosecutor, or judge made such a representation to you about your employment, then you may have a remedy. Noncitizens who were told by their attorneys that they did not have to worry about deportation were given a remedy by the Supreme Court in Padilla v. Kentucky in 2010. So you may be able to withdraw the guilty plea.
Alternatively, your mental incapacity may result in a similar right if you were unable to consult rationally with an attorney to aid in your own defense and to have a rational and factual understanding of the charges. However, the burden is on you to prove either defense, and both require a lot of work.See question
My boyfriend has a 15 year minimal to max term. Life, indefinite. He has done 11 1/2 years already. But, he was giving a 8 year stated prison term which expired last year. Should he be released?
From the context there appear to have been at least two offenses of conviction. With one being a 15 to life, him having completed the term of the other is irrelevant. He will not be released until he has served both.See question