Getting a Judge to clarify an order

This is a discussion on Getting a Judge to clarify an order within the Attorneys & Legal Ethics forum, part of the ATTORNEYS, COURTS, LITIGATION category; My wife and I are divorcing. The case came before a Judge last year for a temporary agreement. I didn't ...

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Old Aug 29th, 2007, 02:30 PM   #1
CJL
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Question Getting a Judge to clarify an order

My wife and I are divorcing. The case came before a Judge last year for a
temporary agreement. I didn't have an attorney at the time. The Judge
asked me to hold my objections until my wife's attorney drew up the paper
work and forward it to me within 10 days. He told me that if I had any
objections to bring them to the attention of my wife's attorney and he (my
wife's attorney), acting as an officer of the court, would notify the
Judge.
I queried my wife's attorney for several weeks, but was only notified of
the final, signed agreement when I got a copy months later.
Due to this, I hired an attorney. My attorney disagrees with my reasoning
that the Judge explicitly intended for my review of the document before it
went before the judge. I was there and I have the transcript. My attorney read it over and now argues that it was only a procedural matter and that the Judge never intended for me to actually object to anything in the temporary order and will not be acting on that information.
I know that my attorney and my wife's attorney work in the same city and I
don't expect my attorney to attack hers, they will after all have to work
in the future, but this temporary order has been the word I've had to live
by for the past year and a half. I'm positive that the Judge did
explicitly expect me to see the order before he signed it otherwise, why
would he have asked me to hold my objections? My gut reaction is that my attorney is shielding her attorney - just from things he's said initially to how vehement he is about bringing it up in court.
How would I go about getting an interpretation from the Judge's office on
this?
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Old Aug 31st, 2007, 10:44 AM   #2
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Default Re: Getting a Judge to clarify an order

Perhaps get a second opinion from a lawyer unrelated to them.

It would however be unethical for your lawyer to not pursue any valid issue, especially just to keep smooth relations with a colleague. That is not allowed and the Bar would frown on that if that ever was proven.
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