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Does a judge attending church together with a plaintiff and his attorney constitute a conflict of interest between the two?
Wiki User
∙ 17y ago
Yes, it seems that he should recuse himself. * Legally, no. Judges and attorneys on both sides attend the same church, belong to the same social clubs, attend social events, and so forth. This does not constitute unethical practice or favoritism. Such allegations would have to be based on solid evidence that the judge made a decision founded on the relationship between his or herself and the client or legal counsel in question. Judges are only required excuse themselves from cases in which there may be a direct conflict of interest, such as being a partner in a business, being related to a defendant or plaintiff, and so forth. The issue of a judge and attorney or client interacting DURING a trial can be grounds for a mistrial motion or an appeal.
Wiki User
∙ 17y ago
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Are there any circumstances in which a plaintiff in a civil matter can ask a judge to recuse him- or herself?
Anytime a judge has a conflict of interest in a lawsuit he should recuse himself. Reasons a plaintiff can ask for recusal include the judge is related to, is a friend of or a business partner with defendant. Or if the lawsuit is against a company the judge has invested in and a judgment against the company might harm his investment. Or that the judge had worked with defendant's law firm or been partner's together. Or that there had been some altercation or disagreement between plaintiff or plaintiff's lawyer and the judge do that it might appear that the judge would be prejudiced against the plaintiff. Lawyers and judges are expected not only to avoid improprieties like those but also to avoid even the appearance of impropriety. This means that even if an investigation into an alleged conflict of interest shows no actual conflict of interest, the judge should probably recuse himself if it appears to be a conflict.
What is manifest conflict?
passive aggressive conflict occurs in what stage?
What was the Abraham-Israel conflict?
There is no such conflict. Abraham and his grandson Israel were never in conflict according to the Bible. There is also no conflict between the patriarch Abraham and the Modern State of Israel.
What is the conflict Hitler's Daughter?
that is not a complete sentence do you mean what the conflict around hitlers daughter or the conflict for hitlers daughter ?
Has the un ever had to intervene with a conflict in Portugal?
No, there has not been a conflict.
Can A Power of Attorney make a loan from a nursing home patient bank account?
No. That would constitute a classic conflict of interest and self dealing.
Does a conflict of interest exist where the attorney acting as advocate for a case is also the employer of the plaintiff and where the advocate and plaintiff reside in the same house.?
I should imagine that there would be!!I can only presume that the relationship goes further as they also reside together?!
Can an attorney defending you in a criminal case represent you in a 'malicious prosecution' case?
No, it would be a conflict of interest. Confusing Query I shall assume that what the querist is asking is, can the attorney who defended he or she in a criminal trial become his or her legal representative in a civil suit against the state for 'malicious prosecution'. If that is indeed the case, then there would not be a conflict of interest and the plaintiff may use whomever he or she choose to represent them. It would likely be beneficial to the client to retain the same attorney as he or she would be quite familiar with the specifics of the case.
Is it a conflict of interest for an attorney and client to have dinner?
no
If you consulted with an attorney and your mother hired him for matters against you is that misconduct?
That attorney has a conflict of interest.
Is it a conflict of interest that your divorce attorney is good friends and speaks daily with a woman your husband would like to marrY?
Absoultely! If your soon-to-be ex husband is in a relationship with this woman it is a serious conflict. How can you expect to get fair and unbiased legal representation? Find another attorney, file against this attorney for conflict of interest and get on with the divorce!
Can an expert witness for defense be the plaintiff's medical doctor?
I believe that any lawyer would consider this to be a conflict of interest, and not allowed.
Would it be a conflict of interest if my husband were to use the attorney that his ex-wife works for as a divorce attorney now?
Yes, it could be considered a conflict of interest due to the potential bias or influence that the ex-wife's connection may have on the legal proceedings. It's advisable to seek legal counsel from someone who does not have a direct relationship with any involved parties.
Are there any circumstances in which a plaintiff in a civil matter can ask a judge to recuse him- or herself?
Anytime a judge has a conflict of interest in a lawsuit he should recuse himself. Reasons a plaintiff can ask for recusal include the judge is related to, is a friend of or a business partner with defendant. Or if the lawsuit is against a company the judge has invested in and a judgment against the company might harm his investment. Or that the judge had worked with defendant's law firm or been partner's together. Or that there had been some altercation or disagreement between plaintiff or plaintiff's lawyer and the judge do that it might appear that the judge would be prejudiced against the plaintiff. Lawyers and judges are expected not only to avoid improprieties like those but also to avoid even the appearance of impropriety. This means that even if an investigation into an alleged conflict of interest shows no actual conflict of interest, the judge should probably recuse himself if it appears to be a conflict.
Are there any circumstances in which a plaintiff in a civil matter can ask a judge to recuse him or herself?
Anytime a judge has a conflict of interest in a lawsuit he should recuse himself. Reasons a plaintiff can ask for recusal include the judge is related to, is a friend of or a business partner with defendant. Or if the lawsuit is against a company the judge has invested in and a judgment against the company might harm his investment. Or that the judge had worked with defendant's law firm or been partner's together. Or that there had been some altercation or disagreement between plaintiff or plaintiff's lawyer and the judge do that it might appear that the judge would be prejudiced against the plaintiff. Lawyers and judges are expected not only to avoid improprieties like those but also to avoid even the appearance of impropriety. This means that even if an investigation into an alleged conflict of interest shows no actual conflict of interest, the judge should probably recuse himself if it appears to be a conflict.
If an attorney represented your granny and now represents your ex is that a conflict of interest?
not if her case is finished. also if they are separate cases that doesn't deal directly with your granny and you ex then the attorney can accept both cases without conflict of interest.
Is it illegal for an attorney to represent both parties in a divorce?
Yes. That would be a conflict of interest.
