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A Marsden motion is the only means by which a criminal defendant can fire a court-appointed attorney or communicate directly with a judge in a California state court. [1] It is based on a defendant's claim that the attorney is providing ineffective assistance or has a conflict with the defendant.
Attorney misconduct is unethical or illegal conduct by an attorney. Attorney misconduct may include: conflict of interest, overbilling, false or misleading statements, knowingly pursuing frivolous and meritless lawsuits, concealing evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while neglecting to disclose prior law which might counter the argument ...
Unless represented by an attorney, persons on the list may not file any new litigation in California without first obtaining permission from the presiding judge of the court. Under California Code of Civil Procedure § 391.7(a), any vexatious litigant who disobeys the prefiling order may be punished for contempt of court.
Ineffectiveness claims can be brought by defendants who pled guilty to a plea deal and did so following the bad advice of counsel. Such claims typically arise when the defendant's lawyer fails to inform their client about the "collateral" consequences of their guilty plea. Collateral consequences include the loss of the ability to vote ...
Dec. 15—WILKES-BARRE — An attorney for the man seeking the recusal of all Luzerne County judges from his divorce and child custody case filed a motion to preserve phone, computer and any and ...
Rhiannon Do worked at the Orange County district attorney's office for three months earlier this year, a spokesperson for the D.A.'s office confirmed to The Times. County officials said Do was not ...
A prayer for relief, in the law of civil procedure, is a portion of a complaint in which the plaintiff describes the remedies that the plaintiff seeks from the court. For example, the plaintiff may ask for an award of compensatory damages, punitive damages, attorney's fees, an injunction to make the defendant stop a certain activity, or all of these.
An attorney may voluntarily terminate the attorney-client relationship at any time and without reason, if this will not have a material adverse effect on the interests of the client. Even if the withdrawal will be adverse to the client the attorney may still withdraw for a number of reasons: The client is engaged in illegal or fraudulent activity.