Legal Question in Family Law in Massachusetts

Re: judge's choice?

Generally, attorneys give clients advice based on their education, experience, and knowledge of the laws/courts, and as it applies to the facts of your case. If an attorney believes that there is a course the client should take (because it is favorable or in the best interest of their client), he/she must advice their client appropriately. Ultimately, the client decides whether or not, to take that advice.

You may consider giving your prior attorney a call to better understand what occurred in you particular case. Good Luck! Sincerely, Maria

Re: judge's choice?

It is not unusual, especially in probate and family court, for a judge to "suggest" a possible agreement for the parties that will spare further court and attorney time on trial. It is also not unusual for an attorney to recommend such an agreement to the client, although I don't know of too many judges who would actually hold it against a party for wanting to go forward with the trial. Your attorney knows the judge, which I don't, since you have not identified him/her. Your lawyer may be telling the truth, or may be trying to get you to agree. Whatever the case, your lawyer should be working for your interests, and without knowing the details of the case and the testimony to date, I have no reason to think your lawyer is doing otherwise. You should talk with your lawyer, and ask him if he really believes the judge would hold it against you, or if he believes the agreement would be best, or even the most likely outcome even if you finish the trial. You can try to change lawyers if you feel yours is not protecting your interests to the extent possible (difficult in the middle of a trial).

You may want to discuss changes to the agreement proposed by the judge, thus cooperating without putting yourself in the position (from the judge's perspective) of wasting the court's time, with your lawyer, who can bring your ideas to the judge and the lawyer for the other side.

Unfortunately, we have all had clients who prefer to take the stand and shoot themselves in the foot than accept a reasonable agreement. At that point, it's not the judge, but the client's own words, that lead to a worse outcome. Think carefully about what you want to say and why, and remember you will be subject to cross-examination by the other lawyer.