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  1. #1
    Join Date
    Feb 2011

    Default Should a Lawyer Seek Recusal of the Judge if He's a Defendant in the Same Court

    My question involves an injury that occurred in the state of: Oregon

    I am involved in a lawsuit due to an auto accident. My attorney filed a complaint and summons in September 2010, but has not served the defendant.

    To make a long story short the attorney I hired is in the process of getting disbarred and has many complaints against him at the state bar and it seems as if he doesn’t care about my case anymore due to the fact that he filed the lawsuit and refuses to speak to me about it.

    I recently found out that my attorney is being sued for malpractice for the 4th time in 7 years. The judge that is handling the malpractice case in which my attorney is the defendant is the same judge that was assigned to handle my lawsuit in which my attorney is representing me. I am wondering if my attorney needs to get my case assigned to another judge or what the process is in a situation like this or if it even matters? Thanks.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Does Attorney Need to Change Judges

    That's not of itself a basis for recusal of the judge, but you may want to change lawyers.

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