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Old 11-29-2016, 07:20 PM   #11
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I would never hire a lawyer that behaves like that in the first place!
Above all things, the lawyer simply must respect to the judge. Even if the charge is not a judge that everybody agrees with.
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Old 11-30-2016, 06:13 PM   #12
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Default Re: Lawyer in jail for contempt, filing due

I agree with the above post, but that's not always easy when the judge and the lawyer are engaged in battle.
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Old 12-08-2016, 08:54 AM   #13
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The judge it seems put my lawyer in jail or detained him for 3 or 4 days, for yelling at the judge, contempt, and some other things. (I didn't think he really yelled at the judge personally)

But I have a filing due Monday and nobody to work on it, and the lawyer is a solo practice guy.

They wont let me into jail to see him.

What can I do now?


I think any judge that would not grant a continuance would likely have the case overturned on appeal. I faced a similar situation. It is not your fault if the lawyer and he get in an argument.
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Old 12-08-2016, 01:07 PM   #14
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Default Re: Lawyer in jail for contempt, filing due

As an attorney, sometimes it is hard to bite your tongue. Especially when you are passionate about the case. I've had to sit there and listen to rulings and I wanted to say "Are you f-ing kidding me?" One time I was so upset I got up and said, "Your Honor, with the court's permission I would like to excuse myself for a few moments because I would like to keep my composure." The judge said "Ok counselor. Take all the time you need." It isn't about respecting the Judge or the ruling, it is about respecting the system we have in place.

That being said, I can fully understand when an attorney loses it. What you need to look at is whether this attorney has a pattern of losing his cool. I know one attorney that has been held in contempt multiple times. Judges have filed bar complaints against him. An appellate court decision on one of his contempt charges stated that the bar complaints have apparently accomplished nothing. The prosecutors and judges all think to themselves "Oh Jesus Christ! Not again!" When he walks into court. He is a talented attorney and would be really good if he could keep it together. Unfortunately, all the judges & prosecutors hate him so his clients end up paying the price.

I also know an attorney who got held in contempt for getting into a shouting match with a prosecutor and threatening to kick the prosecutor's ass. However, it was really out of character. There were a lot of background facts behind it. Family issues, health issues, prosecutor intentionally jerking his chain etc. So in the end, it was all water under the bridge.

So if this is a "one and done" thing for the attorney, that is one thing. If it is a constant problem, it is another thing and you should get another attorney. We don't all have to be friends, but we do have to get along. Be polite, be professional and don't take it personally. We all have a job to do and we are all trying to do our best.

Lastly, at least in certain areas of law, people seem to associate the word "aggressive" with "effective." Aggressive is typically not effective. As a defense attorney, I always want to appear to be the most reasonable person in the room.

Here is a blog post I wrote about the topic:
Aggressive Criminal Attorney | Intelligent Criminal Attorney
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Old 12-09-2016, 09:33 AM   #15
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Default Re: Lawyer in jail for contempt, filing due

I think your approach is the right one. It never pays to actually yell at the judge!!
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Old 12-12-2016, 07:34 AM   #16
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Default Re: Lawyer in jail for contempt, filing due

The yellers and screamers in court seldom prevail in my experience.
And it's good to avoid that type while reviewing lawyers in the hiring process.
If they are screaming then, they will likely be screaming in court too.
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Old 10-02-2019, 08:44 PM   #17
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Default Re: Lawyer in jail for contempt, filing due

Quote:
Originally Posted by michaeld1974 View Post
As an attorney, sometimes it is hard to bite your tongue. Especially when you are passionate about the case. I've had to sit there and listen to rulings and I wanted to say "Are you f-ing kidding me?" One time I was so upset I got up and said, "Your Honor, with the court's permission I would like to excuse myself for a few moments because I would like to keep my composure." The judge said "Ok counselor. Take all the time you need." It isn't about respecting the Judge or the ruling, it is about respecting the system we have in place.

That being said, I can fully understand when an attorney loses it. What you need to look at is whether this attorney has a pattern of losing his cool. I know one attorney that has been held in contempt multiple times. Judges have filed bar complaints against him. An appellate court decision on one of his contempt charges stated that the bar complaints have apparently accomplished nothing. The prosecutors and judges all think to themselves "Oh Jesus Christ! Not again!" When he walks into court. He is a talented attorney and would be really good if he could keep it together. Unfortunately, all the judges & prosecutors hate him so his clients end up paying the price.

I also know an attorney who got held in contempt for getting into a shouting match with a prosecutor and threatening to kick the prosecutor's ass. However, it was really out of character. There were a lot of background facts behind it. Family issues, health issues, prosecutor intentionally jerking his chain etc. So in the end, it was all water under the bridge.

So if this is a "one and done" thing for the attorney, that is one thing. If it is a constant problem, it is another thing and you should get another attorney. We don't all have to be friends, but we do have to get along. Be polite, be professional and don't take it personally. We all have a job to do and we are all trying to do our best.

Lastly, at least in certain areas of law, people seem to associate the word "aggressive" with "effective." Aggressive is typically not effective. As a defense attorney, I always want to appear to be the most reasonable person in the room.

Here is a blog post I wrote about the topic:
Aggressive Criminal Attorney | Intelligent Criminal Attorney

You should see my judge. Exactly what you are saying. But honestly it happens almost every hearing. I feel like screaming. But I don't.
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Old 10-06-2019, 09:02 PM   #18
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Default Re: Lawyer in jail for contempt, filing due

fire the lawyer
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Old 10-07-2019, 10:32 PM   #19
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Default Re: Lawyer in jail for contempt, filing due

I would love to see the look on the lawyer's face when the judge slams him down!
Priceless!
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