How a Lawyer Asks the Judge to Make a Decision

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Emma Hayes

There I was in a hot yoga studio with plenty of bright natural light and bending myself into pretzel like positions for the very first time.

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A lawyer asks the judge to make a decision in a case by filing papers, making oral or written arguments, and arguing questions of law. They represent clients in civil or criminal cases and present evidence for their defense. They may also give legal advice to their clients or oversee the work of other lawyers and paralegals.

The process of a trial is usually conducted by the prosecutor and defense attorney in courtrooms that are specially designed for such trials. After the attorneys prepare pleadings and present their evidence, they question witnesses and argue the law before the jury. The jury then decides whether the defendant is guilty or not guilty and announces a verdict, usually after the judge has given a statement about how the case will be decided.

After the trial, if one party believes that the case has been unfairly handled by the prosecuting attorney or the other party thinks that there was an error in the way the evidence was presented, they can file objections. Objections are a chance for parties to present additional information or explain why the case should be changed.

When a person files an objection, he must provide the court with a copy of any supporting documents that he thinks will help support his argument. Once the court receives a copy of the documents, it will read them and may then decide whether to grant the motion or to deny it.

Once the judge has made a decision, she might write an order on the motion herself or direct one of the parties to prepare it for her signature and mail it to the other side. The other side must then file a response to the order and wait for the judge’s decision. Recommended this site personal injury lawsuit attorney .

 

The judge’s decision is often based on what the court believes is in a defendant’s best interest, and is generally not influenced by a lawyer’s recommendations or personal preferences. In a child custody dispute, for example, the judge will consider the best interests of the children before deciding the issue of who gets custody.

A lawyer must be very careful to ensure that a client’s wishes are based on the correct facts and legal principles. If a defendant refuses to follow a lawyer’s recommendations, the lawyer is guilty of professional misconduct and can be liable for malpractice.

Another common reason a defendant might want to change his or her lawyer is because the counsel has a conflict of interest. If a defendant’s attorney works for the public defender, or if he or she is working for a private firm that represents people who cannot afford to pay for an attorney, then a lawyer must not replace his or her counsel unless the replacement will not unduly delay proceedings.

In most cases, a lawyer’s advice is given in good faith and with the best possible professional judgment. A defendant should not obstinately reject their attorney’s advice, however, and should always seek clarification about why they are suggesting that an action be taken.

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Emma Hayes

There I was in a hot yoga studio with plenty of bright natural light and bending myself into pretzel like positions for the very first time.

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