If ayour lawyer does not do what I ask, can I speak up to the judge myself or must I remain silent?

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If ayour lawyer does not do what I ask, can I speak up to the judge myself or must I remain silent?

When I was divorced, my lawyer did not make known important facts that would have helped me. I need to find a new divorce lawyer when I go back to court to keep my alimony. I’m in Hampden County, MA.

Asked on February 22, 2011 under Family Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The lawyer works for YOU. He or she must do what you tell him or her to do...that's not to say that the lawyer can't advise you, even strongly, that he or she thinks you're making a mistake, but at the end of the day, you are the client and you control the representation. So in answer to your question, you can speak up if, despite the above, the lawyer is not listening to you. Also, if the lawyer did not follow your instructions and, as a result, caused you some loss or damage, then it is possible that you may also have a malpractice claim against that lawyer for compensation.  This is something you should discuss with your new attorney, so see whether you should assert a claim against you old lawyer. Good luck.


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