Legal Question in Family Law in Illinois

The Judge didn't show for my case

I had a court case for my divorce and I showed up, my lawyer, showed up, my ex-to be and her attorney showed up and the judge went on vacation, how come the attorney's didn't know this and I had witnesses take off of work, I had to take off work and now I have to pay the attorney and pay again for another day of court, this is not fair, what can I do. I think the attorney should of made sure everything was to go, something is fishy here. I thought tha when there is a court case there is a listing of cases outside the court room. The first court room we were supposed to go to was changed to another judge and different court room, don't they know that people are put out financially as well and they can go on a vacation. This is bad, I will not vote for them to serve, they are on vacation. Who should know what's going on, and do I still have to pay the attorney for this?


Asked on 6/17/09, 2:50 am

1 Answer from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Re: The Judge didn't show for my case

Attorneys do not control what Judges do or don't due and depending on the size of the venue, your attorney may have no idea which Judge is going to be absent or present on any given day. Believe me this can be just as frustrating to the lawyers as the litigants. It makes the lawyer look bad but there is nothing the lawyer can do about it. It may also have been that your Judge had an emergency that day and could not be available at the last minute. It could be a multitude of things.

As for paying the attorney for the day, that's something you need to discuss with the attorney. Some attorneys are willing to reduce their fee in this kind of event - some are not. Ask yourself whether you would expect to be paid if you showed up for work in the morning and your employer didn't.

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Answered on 6/17/09, 10:15 am


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