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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31025
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am waiting to go to court to have my order of protection

Customer Question

I am waiting to go to court to have my order of protection modified. However, I suspect that my sister has called my PD and caused him to allow my case to be moved to the next month. This has happened several times before with this case. Is this legal?? I feel that my PD is not living up to the code of ethics he presented me with when we first met about this case. On the page he gave me, #3 says: You are entitled to your attorneys independent professional judgment and undivided loyalty, uncompromised by conflicts of interest. I don't feel I'm getting this. What can I do?? Court is this Wednesday....
Submitted: 3 months ago.
Category: Family Law
Expert:  Roger replied 3 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 3 months ago.

Generally, cases can only be continued or postponed by a request of either party. If the matter is being continued by someone else, that is likely an issue.

Expert:  Roger replied 3 months ago.

You have the right to file a complaint against the judge or the attorney if you believe that it has acted improperly.

Customer: replied 3 months ago.
is this an issue I can use in court to further my case even if my PD seems to want to do otherwise?? I need some advice here. I need to go home so we can get our house ready to sell. My wife wants me home too, like last month.
Customer: replied 3 months ago.
I do feel that way. Undivided loyalty I'm not getting.
Expert:  Roger replied 3 months ago.

Your public defender is your lawyer --- and he/she is supposed to do what you want and only advise you.......so if the lawyer isn't doing that, you should first discuss the issue with him/her and then proceed based on the way that meeting turns out.

Customer: replied 3 months ago.
I see that I have to collar him when he shows up and discuss the situation with him before anything else happens. If he still fails to live up to the standards of conduct on this page, do i have any legal recourse against him?/ This whole thing is really starting to annoy me.
Expert:  Roger replied 3 months ago.

Yes, you would have a right to file a bar complaint against the lawyer if he is not following the rules of professional conduct and is not representing you in accordance with the standard you've stated above.

Customer: replied 3 months ago.
Bar Complaint??
Expert:  Roger replied 3 months ago.

Yes, the state bar of NY regulates lawyers.....and that's where you'd complain to. Here's a link to the process: http://www.nycbar.org/for-the-public/about-lawyers-and-judges/complaints-about-lawyers-and-judges-how

Customer: replied 3 months ago.
What if the influence is being exerted on the DA or ADA?? Is there anything I can do, or is this legal?? This is also possible.
Customer: replied 3 months ago.
The person influencing is not involved in the case in any way
Customer: replied 3 months ago.
Hello??
Expert:  Roger replied 3 months ago.
Sorry for the delay.....
Expert:  Roger replied 3 months ago.
I lost my connection for a brief time.
Expert:  Roger replied 3 months ago.
It all is likely to fall back to your lawyer. If he's being influenced or his duty to you is being compromised, it's up to him to report that activity as well.
Expert:  Roger replied 3 months ago.

Hi - I was checking in to see if you needed anything further. Is so, please let me know. If not, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

Expert:  Roger replied 2 months ago.

Hi - I was checking in to see if you needed anything further. Is so, please let me know. If not, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!