A Levels Academy Islamabad
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CreativityTranscript
00:00Let's face it, sometimes we don't hire the right person.
00:03Often, that results in cleaning up their mess.
00:07But in court, the consequences can be dire.
00:10Let's say you've hired the wrong lawyer.
00:12We're not talking about a lawyer that simply doesn't know what they're doing, or lacks
00:16experience.
00:17We're talking about a lawyer whose bad conduct towards your case is deliberate and repeated.
00:23Used to be, that kind of behavior could get the case dismissed outright, a result that
00:27unfortunately punished the client more than the lawyer.
00:31Then came the Kozel case, and changed all that.
00:34That's a Supreme Court case that said, where the attorney is responsible for a problem,
00:39not the client.
00:40The trial court shouldn't be so quick to dismiss the case.
00:43It should consider a less severe punishment.
00:46To do this, the trial court needs to hold an evidentiary hearing, to find out who really
00:51is to blame and what punishment is appropriate.
00:53This has now come to be known as a Kozel hearing.
00:56The Supreme Court also came up with a list of things that the trial court should consider
01:00at this hearing.
01:011.
01:02Whether the attorney's disobedience is calculated and persistent.
01:062.
01:07Whether the attorney has any previous sanctions.
01:103.
01:11Whether or not the client was involved in the misconduct.
01:144.
01:15Whether the opposing party was hurt by the lawyer's actions, either through undue expenses,
01:20loss of evidence, or the like.
01:225.
01:23Whether the attorney could reasonably justify their actions.
01:27And 6.
01:28Whether the judicial process as a whole was adversely affected by the behavior.
01:33If at the Kozel hearing, the trial court finds against you in all of these things, it would
01:38be right to go ahead and dismiss your case.
01:41If that happens, and if it's upheld on appeal, your only recourse might be to make a claim
01:46against your attorney.
01:47But even that won't help if the court found that you participated in the misconduct.
01:52But if your case gets dismissed for a procedural error or misconduct by your attorney without
01:57a Kozel hearing, you or your attorney, maybe your new attorney, will need to request one
02:02right away.
02:03If you don't move quickly, you may lose your right to get a lesser punishment and keep
02:08your case alive.
02:09LegalYou.
02:10Where you are your own best lawyer.