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MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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THe other day the judge ordered the attorney to go through

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THe other day the judge ordered the attorney to go through normal procedure to have me served. After the hearing concluded and the judge left the Courtroom the same attorney threatened me to accept service on the spot or she would press criminal charges. After the threat I stated she needed to contact my attorney and I left the Courtroom. While in the clerk's office the Attoreny had gotten the chief court marshall and instructed him to get my attention. I responded to him calling my name and then the attorney lunged toward me made contact and stated I was served, by the attorney herself. Is that even legal?
Hello and thank you for your question.

Personal service is legal service, but the way she went about it is a bit extreme and unprofessional. Under the circumstances, you may seek to have her charged with assault if you were placed in fear when she lunged at you. If, as a result of lunging she made contact with you such that there was an unpermitted touching, then this may be battery as well. You can file a report with the police of the incident. This would also provide some written documentation of the event should the conduct continue.

In addition, the attorney will need to indicate to the court that she properly served the papers as directed by the court, usually by a certificate of service. You can object to the service and argue that the manner of service was inappropriate and should not be recognized, and further that the attorney's conduct, in light of the judge's order to go through the normal procedure to have you served, constituted contempt.

However, you may want to discuss these options with your attorney before you proceed as you also may want to pick the battles that will best serve your case.

Please feel free to ask any follow-up questions.
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