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Can a judge require you to hire an attorney?

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K

KSTREGE

Guest
What is the name of your state? Wisconsin

Can a judge require you to hire an attorney or does that put the legal system outside of the availability of people that cannot afford it? I lost a motion for summary judgement today. I had good cause to get the motion denied and the case sent to trial but the judge said I lost because I didn't have any affidavits supporting my testimony. The only people I could have gotten affidavits from would have been on the plaintiff's side. Obviously they would not cooperate with that. It would have been necessary to pull them into court to get the testimony I needed. The judge even seemed to agree with my case and evidence but still ruled against me because of lack of the affidavits that I couldn't get. He said I needed to hire an attorney to get the affidavits from them. Because of multiple lengthy illnesses in my immediate family this year it was not economically possible for me to pay those type of fees. Do I have any recourse?
 


JETX

Senior Member
KSTREGE said:
Do I have any recourse?
I would assume that you failed to comply with a procedural requirement as to your filing. The judge has suggested that you need the services of a competent PROFESSIONAL to help guide you through the rules of court, rules of evidence and simple process of your claim.
It is your choice to listen and follow the courts guidance (suggested) or to ignore it (not suggested).
 

badapple40

Senior Member
If summary judgment has been entered against you, you are done. Game over. You can move to set aside the judgment, but at this point its too little, too late.

And, incidently, for future reference for anyone else thats looking at something like this, if the other side has the evidence, you don't get affidavits; rather you notice the other side's witnesses for a deposition, serve interrogatories, or admissions, which are also appropriate evidence for summary judgment.

Of course, you could have submitted an affidavit yourself, concerning the issues involved. Surely you could have testified as to the facts involved (or again, if not, you could have gotten counsel).

This judge went WAY out of his way to help you, by suggesting prior to entering judgment for the other side that you get counsel. More often than not, you'll end up with a situation where they just enter judgment after a certain time.

Unless the amount involved isn't cost-effective to hire an attorney for (e.g. less than $2500), its always a good idea to get counsel.
 

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