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Reply #68: her lawyer was inept [View All]

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harpboy_ak Donating Member (437 posts) Send PM | Profile | Ignore Sat Jan-01-05 06:19 AM
Response to Original message
68. her lawyer was inept
"The case pits a first-year attorney who argues that state law allows any couple to divorce if neither spouse challenges it against a longtime family law judge who asserts that the rights of the unborn child in this type of case trump a womans right to divorce."

The attorney in question is apparently too inexperienced to have known that this judge was one he *didn't* want. He should have asked for a different judge, as was his client's right. Doing so sometimes means that you have low priority for scheduling your trial or hearing, but in most jurisdictions each party to the case has the right to ask at least once for a different judge. Smart lawyers either know which judges they don't want for particular cases, or ask other attornies about how they handle different types of cases.

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