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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33543
Experience:  Began practicing law in 1992
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10.1.11 If my attny refuses to submit my evidence and call

Customer Question

10.1.11 If my attny refuses to submit my evidence and call my witnesses, which results in a negative ruling from the judge, can I dismiss my attny in court ... or can I present my evidence & witness to the judge... even if my attny disagrees with me presenting my evidence & witnesses? Thanks, XXXXX XXXXX
Submitted: 5 years ago.
Category: Legal
Expert:  Dwayne B. replied 5 years ago.
You can dismiss your attorney in court but you cannot present your evidence and witnesses as long as he is your lawyer. However, before you dismiss him be very, very sure that he doesn't have a good reason for what he is doing. I have argued with clients before about calling people as witnesses when they wanted me to call someone that I knew 1) their testimony that the client was concerned about wasn't going to be allowed and 2) the other testimony the person could provide on cross examination would hurt my client.

There is no "first right of refusal" unless it is a specific condition of a contract, usually written.

By the "could they sue you" question I wasn't meaning that they were really going to sue you, just trying to get you to look at the question of whether there was a contract from another angle.

The other "conditional contracts" like financing, inspection, etc. specifically spell out on them the conditions and what effect they have on a contract so that the conditions, in effect, become a part of the contract. There really isn't any wiggle room because the condition is usually related to some type of performance by a third party, different than what you had here.

I still think you're going to have problems proving that there was a contract. However, if you can make the argument that they approved the condition then you MIGHT be able to argue that the deal to let you take the drawers and look elsewhere and spend all that time and effort was either 1) a part of your contract or 2) a separate contract in and of itself.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 5 years ago.
Expert:  Dwayne B. replied 5 years ago.
It was, I'm sorry. I'm not sure how that showed up.

Best wishes to you and keep me informed.
Customer: replied 5 years ago.
11.1.11, 9 am Hi J! Bri Vorse of Just Answer requested my written permission to use the 'glowing' statement I wrote to them about you. Please be sure to get a copy of it. I want you to have a copy! If you cannot get a copy from them, I can send it to ya via email, snail mail or fax. Please continue to pray that I will get a Just & Right divorce settlement and that the judge will have "due regard to BOTH parties" (as the law says in the Family Code, Chapter 7, SS 7.001) I THANK GOD FOR YOU JD. THIS HORRIBLE DIVORCE WILL BE OVER IN LESS THAN A WEEK AND I WILL BE AWAY FROM THAT HUMAN PREDITOR FOREVER. MY BLADDER IS BLEEDING BECAUSE OF BECKLEY'S INJURY TO ME. MY DR. WANTS ME TO HAVE SURGERY RIGHT AWAY. I'M PRAYING FOR A MIRACLE HEALING, SO THAT I C A N GO NEXT MONTH TO CHARLOTTE, NC TO WORK AT BILLY & FRANKLIN GRAHAM'S INTERNATIONAL HQs. I DESPERATELY NEED THE GOOD MONEY I MAKE THERE. PLUS, IT'S ALWAYS A DELIGHT TO SEE MY FRIENDS AND CO-WORKERS IN THE LORD JESUS CHRIST.BLESSINGS, JD! :) DiAnnaTx
PS I PLAN TO BECOME A PARALEGAL TO USE IN MY PERSONAL MINISTRY - TO HELP THOSE LIKE ME WHO HAVE NO MONEY FOR LEGAL SERVICE ---JUST AS YOU HAVE DONE FOR ME!YOU HAVE 'ENCOURAGED' 'INSPIRED' & ' TAUHGT ' ME EXTREMELY WELL." May the LORD bless thee, and keep thee, JD,: May the LORD cause his face to shine upon thee, and be gracious unto thee. And may the LORD lift up his countenance upon thee, and give thee peace ", JD1992." (The Holy Bible, Numbers 6: 25,KJV)
Receive this BLESSING, JD! :) " Rejoice and be exceedingly glad: for great is your reward in heaven."(The Holy Bible, Matthew 5:12) :) DiAnnaTx
Expert:  Dwayne B. replied 5 years ago.
Thank you for all the kind words and I do wish you the best.