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legal ethics

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momb47

Member
What is the name of your state? NY
What can be done if a Judge thinks that the attorney that is representing complaintive in court is a ADA(had previously been one but is now in private practice) and requests a restraining order, judge orders one. When judge was made awhere of this he would not dismiss order but just ignored situation saying not true I wouldn't just do that .The attorney make it look like he was acting as a DA but he is NOT. What can be done.What is the name of your state?
 


BelizeBreeze

Senior Member
momb47 said:
What is the name of your state? NY
What can be done if a Judge thinks that the attorney that is representing complaintive in court is a ADA(had previously been one but is now in private practice) and requests a restraining order, judge orders one. When judge was made awhere of this he would not dismiss order but just ignored situation saying not true I wouldn't just do that .The attorney make it look like he was acting as a DA but he is NOT. What can be done.What is the name of your state?
What the hell are you talking about?
 

momb47

Member
A friend of mine had a complaint filed against them for harressment, police arrested him, given appearance ticket, hired attorney, went to court, NYS was not prosecuting, so plaintiff hired his own attoreny (former ADA), who is now in private practice, this attorney had appeared in front of this judge before when he was an ADA. The judge assumed he was still acting as ADA and the lawyer never corrected the judge. If the lawyer acted improperly as well as the judge can anything be done.
 

BelizeBreeze

Senior Member
momb47 said:
A friend of mine had a complaint filed against them for harressment, police arrested him, given appearance ticket, hired attorney, went to court, NYS was not prosecuting, so plaintiff hired his own attoreny (former ADA), who is now in private practice, this attorney had appeared in front of this judge before when he was an ADA. The judge assumed he was still acting as ADA and the lawyer never corrected the judge. If the lawyer acted improperly as well as the judge can anything be done.
And the judge told you his Assumption?
 

momb47

Member
yes, He stated during hearing, "that was a DA,my friend said,"NO it was his attorney" and still the judge did nothing
 

BelizeBreeze

Senior Member
momb47 said:
yes, He stated during hearing, "that was a DA,my friend said,"NO it was his attorney" and still the judge did nothing
It still does not matter. You have the right to appeal ONLY on a mistake of law or a gross misconduct which this is not.
 

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