Brooklyn, NY asked in Contracts, Criminal Law, Traffic Tickets and Admiralty / Maritime for New York

Q: why does an attorney not disclose the fact that a man or woman is submitted to the jurisdiction of court once hired?

2 Lawyer Answers
Zev Goldstein
Zev Goldstein
Answered
  • Criminal Law Lawyer
  • New City, NY
  • Licensed in New York

A: We need more details here. Are you talking about criminal Court? Civil Court? Another type of case?

Generally, in criminal cases, an attorney has a lot of discretion in how to handle a case and does not need a defendant's consent to take legal actions. An attorney does need to consult with a defendant for some things, for instance, whether to take a plea deal.

Tim Akpinar
Tim Akpinar
Answered
  • Maritime Law Lawyer
  • Little Neck, NY
  • Licensed in New York

A: When a client retains me in a maritime or other matter, I do disclose the jurisdiction of the court to which he or she will submit. It is one of the fundamental aspects of a case I explain at the intake interview. I advise clients about whether a federal or state court will have subject matter jurisdiction over their lawsuit, and additionally, I outline venue issues that govern which district or county their case will be heard in. Upon placing a matter into suit, I provide client with a copy of the summons and complaint, which in the caption identifies the court that will have jurisdiction over their matter. So in this sense, my clients are aware of jurisdiction because I explain it to them in the preliminary stage of legal proceedings, and also because I provide them with a copy of the summons and complaint that identifies jurisdiction on the first page.

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