I have a case and the defendant's lawyer works for the son's law firm (small town) of the Judge and it seems like they are getting special treatment in the case. So wondered if I appeal the case on these grounds that the lawyer works for his son would that be legit?

Answer by Stuart
Two seperate questions here-- you asked: "...Is it conflict of interest if a lawyer works for the judges law firm?..."

The answer is yes.

However, to the question 'Is it conflict of interest if a lawyer works for the judge's SON'S law firm?' the answer is no.

- Stuart

Answer by du nomad
Specifics will depend on the laws of your jurisdiction. In mine, there is a procedure for disqualifying a judge from a particular case. I would imagine that every jurisdiction has such a procedure, so talk with your lawyer about this (or research it if you're representing yourself). The bad news is that the procedure has strict requirements on WHEN the issue must be raised. Trying to raise it on appeal is a no go. If you don't file for the disqualification "timely" (meaning, within a set time of discovering the conflict) then you are deemed to have waived the issue.



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