I lost a trial and the defense attorney filed for attorney's fees for $100,000. My lawyer filed motion to dismiss and they soon dropped the motion for attorney's fees.
But the judge presiding over the case is a nutjob. She scolded my lawyer for filing the case (even though it was 100% legit) and pretty much tried to persuade the defense to refile for attorney's fees, even though the 60-day window has passed.
Here's my question: so if the defense re-files for attorney's fees and prevails, what legal recourse do I have?? The judge is a real nutjob and she even admitted in court to not even reading over our motions!!
So what can I do if that happens? Is there a way to overturn it on the grounds that she overstepped her bounds by encouraging the defense to refile and not do it within 60 days?? Shouldn't she be disbarred for such a thing?? What are my chances I can prevail? (THIS IS IN LA COUNTY, CA, USA)
My lawyer is away so I can't ask him. :(
Answer:
Well for my advice change your lawyer. You can do that personally since you are not satisfied with what he did in the court for your own opinion.
What kind of case is this? Civil case or criminal? You didnot specify on your story, just like in court you should give full details of what you came for inside the court unless the judge and the jury are all clairvoyant they probably know your case before your attorney could step forward and present the case.
All I could read is $100,000 attorney's fee written here, lost a trial. This is the technical aspect of your case but the case itself is still vague. But nevertheless, what is the questions?
The judge is a nutjob? I donot think so, she wouldn't be the judge if she is one don't you think? Yes definitely you have the legal ground to say that the judge overstepped her boundary by encouraging the defense to refile and not doing it within 60 day, see you already have the lawyer's instinct as they say. So we pressume the judge is a women here. Disbarment of a judge required sufficient evidence, if this is the only evidence you have I am sorry to tell you "go take a hike". Since they sit all day on court you think disbarding them would be so EASY, they read the law and they preside the law. It is like they eat, sleep with those books over there with all those promulgated, passed laws etc.
You can prevail, just don't give up so easily. Remember that "the tough gets going". Your lawyer is away? Good let him be, and remind him to stay there, get a new one. Good luck.
That would be grounds for appeal of any decision granting costs and fees to the defense. Even if you don't appeal the ultimate outcome, you can still appeal that specific order.
As would the fact that the judge may have exceed her authority by acting sua sponte in the face of the defense withdrawal of the motion.
You may not win, but it would definitely be worth the appeal
You can try to appeal it. But you would probably have to throw money at it. Your attoney will not be so quite galantant about offering their legal services. Their is no longer a potential cut for them. No one likes to work for free. Next time you might not want to clog the courts time with a nonsensical lawsuit.
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