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Author Topic: Help with attny, judge.  (Read 1355 times)

overcomer33

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Help with attny, judge.
« on: Jan 08, 2007, 04:26:49 PM »

Last court date dec 12, 06.

Judge said he'd get back to me with the order.
 

    1) How long must I wait for the circuit judge to reply? Court was in Arkansas. My atty says 120 days.

              a)How soon can I file any further motions once he does reply  And is this time frame from the court date or his decision?


My former counsel agreed for the judge to sign a Temp Order ordering me supervised visitation with my parents. I did not agree to this or even was aware of it, 19 months ago.

   2) I've taken this lawyer before the Proff Conduct Comittee and appealed their decision. It's been 2.5 months and they will not reply to the appeal they said they were going to do. What next step can I take to push them to decide my allegation of negligence by my former atty?

Ar. Civ code states that a civ case cannot be heard by any other judge other than the one that previously tried the case. However, if the judge and the plaintiff is in agreement  the case can be transferred to a chancellory court or another circuit. I know the plaintiff wont agree to this.

   3) Can I appeal the judges decision if it's not satisfactory?

   The plaintiff suspended visitation without a court order to do so 6months ago. I filed a petition for contempt prior to court pro se which was adressed. Ialso filed a Interrogatories, Request for admissions, production of documents. I had a attorney of record at that time but I didnt have the money to file all of the above with my atty. THe court or the plaintiffs atty did not recognize the above. Can I refile the motion to compel once i release my atty of record?

thx


socrateaser

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RE: Help with attny, judge.
« Reply #1 on: Jan 08, 2007, 06:35:29 PM »
>
>Last court date dec 12, 06.
>
>Judge said he'd get back to me with the order.
>
>
>    1) How long must I wait for the circuit judge to reply?
>Court was in Arkansas. My atty says 120 days.

Your attorney knows. I don't practice in AR.

>              a)How soon can I file any further motions once
>he does reply  And is this time frame from the court date or
>his decision?

It depends on whether your new motion depends on the order you're wating for. If it does, then you must wait, otherwise you can file a motion right now.

>My former counsel agreed for the judge to sign a Temp Order
>ordering me supervised visitation with my parents. I did not
>agree to this or even was aware of it, 19 months ago.

Most jurisdictions require that the parties expressly agree to any substantive order, unless the court orders it without the parties agreement after a hearing. However, there are a few jurisdictions (GA, but I don't know about AR), where an attorney is presumed to have authority to bind his/her client to a substantive agreement, unless the client expressly and in writing instructs the attorney otherwise.

So, what you describe is possible -- you'll have to ask him if that's what happened, and if you don't want to have it happen again, then you'll need to withdraw his authority to make this sort of decision.

>   2) I've taken this lawyer before the Proff Conduct Comittee
>and appealed their decision. It's been 2.5 months and they
>will not reply to the appeal they said they were going to do.
>What next step can I take to push them to decide my allegation
>of negligence by my former atty?

The committee is not involved in negligence claims -- only competency. If you're not getting a response, then all you can do is keep complaining, or write to the Chief Justice of the AR Supreme Court and ask for some help, which I doubt you'll get -- but who knows.

If you believe that your attorney was legally negligent, then your recourse is to file suit against him/her for negligence and claim damages. If you win, you'll get compensation. If not, you'll get nothing but a bill from a professional malpractice lawyer.

>   3) Can I appeal the judges decision if it's not
>satisfactory?

Yes, but appeals are very expensive.

>
>   The plaintiff suspended visitation without a court order to
>do so 6months ago. I filed a petition for contempt prior to
>court pro se which was adressed. Ialso filed a
>Interrogatories, Request for admissions, production of
>documents. I had a attorney of record at that time but I didnt
>have the money to file all of the above with my atty. THe
>court or the plaintiffs atty did not recognize the above. Can
>I refile the motion to compel once i release my atty of
>record?

Yes, once you've placed yourself on the record as self representing.

overcomer33

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RE: Help with attny, judge.
« Reply #2 on: Jan 09, 2007, 11:42:08 AM »
thanks for the help

 

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