I am in the middle of testimony and cannot consult with my lawyer. Why, and what can I do about this
Country relating to Question: United States
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.Actually, there is no legal right to consult with your lawyer during Testimony. The judge can, and often will, order you not discuss this case during a recess of the case while your testimony is ongoing.If you believe that this somehow is infringing on your legal rights, you can make a formal request to the judge and ask the judge to change his or her ruling and allow you access.But in my experience, such a motion would not be granted.The reason for this is clear enough...a judge is given broad discretion in control over how evidence is presented at trial. If a witness in the middle of testimony, the judge can, and typically will, order that the witness not have any contact with anyone regarding their testimony.This is done to ensure fairness to both sides. While a witness is on the stand, both sides are able to ask questions...to allow one side access to the witness and not the other would be unfair to the party without access.So to your question, what can you do? You can request to the judge to waive this rule...to allow you access. But as I explain, it is unlikely a judge would waive this and there is no law or rule which would require it.Sorry to have to bear bad news.If you would like any additional information or have more questions please don’t hesitate to ask!Please remember to only rate my answer when you are 100% satisfied. IF you feel the need to click either "Helped a little" or "I expected more", please stop and reply to me via the CONTINUE CONVERSATION blue link with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.
Is it possible for me to ask for a new attorney at this point in the trial? I think the judge wants the parties to settle and I did not counter sue so I will now have to accept the Verdict and proceed to the equitable distribution phase without any leverage if I lose, or agree to a settlement that is not fair to me
Sure...you can certainly make this request to the judge.You would want to articulate why...what exactly your attorney did or failed to do that has caused you prejudice in your case.But it is up to the judge if he will allow a continuance to permit you to get a new lawyer up to speed. You can always hire a new lawyer...but the court may not be willing to give you time to have that lawyer prepare.
Law Degree, 12 Years of trial experience
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