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re: Child-custody case: conflict of interest between judge and lawyer

Posted on 6/18/14 at 5:31 pm to
Posted by OogumBoogum
Member since Jun 2014
290 posts
Posted on 6/18/14 at 5:31 pm to
During our all-day trial a few months ago, the husband is so nuts that he started laughing and mugging during my testimony. The judge erupted and threatened him with jail.

From what I understand, I have an La. Supreme Court case named Bergeron v. Bergeron on my side, which means she has to prove that the child is being hurt by the current arrangement -- a high bar.

Anyway, I'm just wondering what this lawyer with ties to the judge might be able to do to get around that. Hence, my posting here.

Why would this lawyer take the case if she knows it is before a judge she is working to get re-elected. It seems it puts him in a difficult position potentially. Why not say?: "I can't take this case because of the conflict." Unless she is expecting a favor. But again, that could taint her judge candidate.
Posted by drewnbrla
The Pool is closed.
Member since Mar 2011
7839 posts
Posted on 6/18/14 at 5:32 pm to
quote:

Got a call from child-protective services one day, saying my kid was OK but the mom was in the hospital. Long story short: She articulated thoughts of killing herself and our kid to her therapist, who reported it to the authorities.

She blamed her episode on anti-smoking drug Chantix, conveniently leaving out the fact that she was snorting cocaine, smoking pot, taking unprescribed Xanax while on a host of other meds for her lifelong depression.

She married a loser – after a 3-month courtship tops -- with Hep C, a history of intravenous heroin and crack use, so bipolar and depressive that he collects a disability check, a convicted domestic abuser with at least three to four DWI arrests on his record, and an aggravated assault arrest for trying to run down a bicyclist in the Quarter.


Yeah, I don't think you have anything to worry about as far as your custody case goes. Regardless of her attorney conflict, she's not getting kid(s) back.

ETA:
quote:

Why would this lawyer take the case if she knows it is before a judge she is working to get re-elected. It seems it puts him in a difficult position potentially. Why not say?: "I can't take this case because of the conflict." Unless she is expecting a favor. But again, that could taint her judge candidate.


Because he is going to get Attorneys fees out of her. Plain and simple.
This post was edited on 6/18/14 at 5:34 pm
Posted by GEAUXmedic
Premium Member
Member since Nov 2011
42009 posts
Posted on 6/18/14 at 5:34 pm to
I got custody of my son due to marijuana use by his mom, I think you're safe..
Posted by 777Tiger
Member since Mar 2011
88098 posts
Posted on 6/18/14 at 5:35 pm to
has a new motion been filed?
Posted by arseinclarse
Member since Apr 2007
35271 posts
Posted on 6/18/14 at 5:37 pm to
quote:

Bergeron v. Bergeron


Certainly isn't dicta.
Posted by drewnbrla
The Pool is closed.
Member since Mar 2011
7839 posts
Posted on 6/18/14 at 5:38 pm to
On the issue of the conflict, shouldn't this attorney have performed a conflict check before accepting the case and enrolling as counsel? I'm sure it wouldn't stop his ability to enroll but despite the attorneys fees he would receive from her, he could have used the time he spent on her case on other cases without the conflict. Why would the conflict be on the judges side when she was the one who caused the conflict by hiring this attorney who has a conflict of interest due to the judge? Serious question. I'd ask my bosses but I'm not at work anymore.
Posted by 777Tiger
Member since Mar 2011
88098 posts
Posted on 6/18/14 at 5:39 pm to
quote:

Certainly isn't dicta.


you can pull up case law all fricking night long to support any side of any argument, it's just a reference
Posted by LesMiles BFF
Lafayette
Member since May 2014
5101 posts
Posted on 6/18/14 at 5:40 pm to
quote:

She blamed her episode on anti-smoking drug Chantix, conveniently leaving out the fact that she was snorting cocaine, smoking pot, taking unprescribed Xanax while on a host of other meds for her lifelong depression.

She married a loser – after a 3-month courtship tops -- with Hep C, a history of intravenous heroin and crack use, so bipolar and depressive that he collects a disability check, a convicted domestic abuser with at least three to four DWI arrests on his record, and an aggravated assault arrest for trying to run down a bicyclist in the Quarter.


Yep. I certify this story as an official shite show.
Posted by 777Tiger
Member since Mar 2011
88098 posts
Posted on 6/18/14 at 5:41 pm to
quote:

shouldn't this attorney have performed a conflict check before accepting the case

Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
68914 posts
Posted on 6/18/14 at 5:41 pm to
You gotta admit, that's pretty crafty.

Sounds like you sure can pick 'em. If even half of what you say is true, I don't think this would be the case the judge and attorney would choose to be Shady. What's in it for either of them?
Posted by Camp Randall
The Shadow of the Valley of Death
Member since Nov 2005
17132 posts
Posted on 6/18/14 at 5:41 pm to
I thought I dated a few crazies but your story nukes mine.
Posted by drewnbrla
The Pool is closed.
Member since Mar 2011
7839 posts
Posted on 6/18/14 at 5:43 pm to
quote:




We do them all of the time.

ETA: When you pick yourself up from the floor from laughing your arse off, could you provide an actual response?
This post was edited on 6/18/14 at 5:46 pm
Posted by 777Tiger
Member since Mar 2011
88098 posts
Posted on 6/18/14 at 5:48 pm to
quote:

When you pick yourself up from the floor from laughing your arse off, could you provide an actual response?


the thought of mentioning attorney and implied ethics in the same sentence
ETA: I know there are ethical attorneys, but it's kind of like the cop discussion, the sleazebags get all the headlines, and are probably in the majority.
This post was edited on 6/18/14 at 5:51 pm
Posted by LateArrivalforLSU
Ascension Parish
Member since Sep 2012
3512 posts
Posted on 6/18/14 at 5:52 pm to
quote:

the thought of mentioning attorney and implied ethics in the same sentence

Aren't all defense attorneys slime ball count bags? I was under the impression they were.
Posted by 777Tiger
Member since Mar 2011
88098 posts
Posted on 6/18/14 at 5:54 pm to
quote:

Aren't all defense attorneys slime ball count bags?

don't know about that, but the discussion here is pots and pans(family law)
Posted by junkfunky
Member since Jan 2011
35699 posts
Posted on 6/18/14 at 5:54 pm to
quote:

We do them all of the time.

ETA: When you pick yourself up from the floor from laughing your arse off, could you provide an actual response?


OP said the attorney is the head of the judge's reelection campaign. Conflict is well known and established.
Posted by drewnbrla
The Pool is closed.
Member since Mar 2011
7839 posts
Posted on 6/18/14 at 6:01 pm to
quote:

OP said the attorney is the head of the judge's reelection campaign. Conflict is well known and established.


Yeah I got that part. Thanks though. My question was if the conflict is on the attorney enrolling as her counsel knowing the district/division the case is in knowing who the judge would be. She decided to fire her prior attorney and hire the conflicted attorney after the ruling was made by the Judge. How would the conflict be on the judges end and not hers? Shouldn't the attorney have to withdrawal as counsel due to the conflict instead of the judge recusing himself (or herself) due to the conflict? My thinking is that regardless as to whether or not the attorney had to withdrawal or the judge recuses, she's clearly and blatantly unfit and has no shot in hell of getting the custody ruling reversed but I've seen some shite at our family law firm that makes no sense at all so anything is possible I guess.
Posted by Corkfather
Houston
Member since Sep 2007
19750 posts
Posted on 6/18/14 at 6:30 pm to
How big of a city/parish (county) are we talking and how good is your attorney?
This post was edited on 6/18/14 at 6:31 pm
Posted by IonaTiger
The Commonwealth Of Virginia
Member since Mar 2006
33223 posts
Posted on 6/18/14 at 6:32 pm to
Cork, I was wondering if the matter you were involved with is over. I know you don't want to go into details, a yes or no is all I need.

Hoping it's a "yes" and that you are well.

ETA: /hijack
This post was edited on 6/18/14 at 6:33 pm
Posted by Corkfather
Houston
Member since Sep 2007
19750 posts
Posted on 6/18/14 at 6:37 pm to
Thanks for asking but unfortunately, no.

One of the defendants has trial set for the end of July, the other is early September. If the one in July proceeds without another continuance I'd be shocked. However, it IS an election year for "His Honor".
This post was edited on 6/18/14 at 6:38 pm
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