So I had a court date and we were to go in to discuss my matter of removing the trustees, dissolving my trust and so on. At the same time the trustee/PR overshadowed my request with an attempt to close the estate. The judge turned them down and asked all of us if there anything else to discuss. No one said anything including my attorney so I followed her lead. The judge then sets another day for us to come in and talk over the closure of the estate. Several months later we go in for trial on this mater and we agree to hear a settlement and I am talking with him about attorney fees and he never tells me that if I accept this agreement my previous agreement would d be void and I may get stuck with some fees. I learn later that I won that earlier case and would have had all my fees paid for and a bunch of other items. So I am wondering if the judge/refree had a ethical duty to inform me of that earlier decision or can I appeal that decision based on the fact my atty, and other courts officials withheld this info.
Did you have one or two cases going on? Were they companion cases? Once a judge/referee comes to a decision he/she will file a judgement, order, decree or otherwise and it will be served on you. There is no duty to tell you anything about a final decision until this time. Obviously, if you come to a new agreement the previous agreement is cancelled. Why would your attorney have any reason what so ever to withhold information that would benefit you? I hope I understand your question.
Your post is not clear. It seems as tho' you may be saying your own attorney hadn't informed you of many important matters. I urge you to speak to that person asap. You may seek a 2nd opinion. Be wary of 'free advice'. Because your post does not make complete sense, I urge you to get help. As to judges'referees: Sometimes a judge/ref' may pronounce a decision prior to parties leaving the courtroom. In certain cases (EG domestic violence) a judge may issue the decision after all have the locale. In many cases the Court takes a matter 'under advisement' prior to issuing a decision.
We att'ys here provide general info' & speak of general principles of law: It is your own att'y who may provide you with legal counsel and legal advice.
Tricia Dwyer Esq
MINNEAPOLIS/ST. PAUL - ST CLOUD. This law firm may accept avvo posters as clients but this post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation. Please do seek private attorney counsel as to your personal legal issues and needs.
If you have an attorney, then your attorney should be able to explain everything to you if you are confused. The judge/referee will communicate with your attorney.
I am licensed in Pennsylvania. Members of my firm are licensed in various states, including Pennsylvania, New Jersey and New York. We handle cases involving personal injury (car accidents slip and falls, etc.,) medical malpractice, nursing home abuse, workers' compensation, social security disability and legal malpractice. Nothing I write on Avvo is legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in anything I write on Avvo without retaining your own lawyer in your state. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance.
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