Perhaps one of the more frustrating things that occurs a bit more often than it should is an inconsistency with judges that can be identified as:
3. Judges can render inconsistent decisions or provide inconsistent direction in a case not only when presented with the same fact pattern but even when presented with the same case!
As an attorney here in Rhode Island who has chosen, for good or for bad, to practice in the area of divorce and family law, this is perhaps the biggest inconsistency to address and/or explain to a client.
I've had the displeasure of being before several judges assigned to cases for my clients. One month an issue is raised and the court will be wholly in favor of my client. The next month, the opposing attorney will raise the issue again and the next moment the court will be chastising or scolding my client's conduct though it had already been discussed.
If you want a true challenge, try explaining to a client one month how things went well for his or her case and then in the next month how things took a complete turn around on the same issue.
In point of fact it is ridiculous and it makes it appear as though as the attorney for the client I have botched something up in a big way on an issue that may be very important to the client, when in fact, the Judge has simply been inconsistent in the way in which he manages his or her cases, be it through record keeping, or just taking notes.
However, you see it and whatever you call it, it is inconsistencies that there should be a remedy for and it does an injustice to our citizenry and those who come before our Rhode Island Family Court System.
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* The Rhode Island Supreme Court licenses all lawyers in the general practice of law and has no procedure for recognition of specialty in any area of law.