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by Demonsult 545 days ago
I won through a little bit of advice suggested by a layperson. I simply got the case moved to another room. The old judge hated us and the new judge loved us. All we had to do was decline magistrate jurisdiction. My lawyer was really reluctant for reasons I believe had to do with his standing with the court and not my case. And to think that layperson could be jailed for suggesting it.
3 comments

No, they wouldn't, nor is this some kind of secret trick as you seem to be implying. This is a fairly common practice sometimes called "judge shopping" similar to "forum shopping" (where you try to get your case moved to the jurisdiction most friendly to your claim). It's not illegal, though it is (in theory) discouraged. As an example, if you're not familiar, look up the Eastern District of Texas and patent litigation.
Nobody directly involved ever mentioned the idea and we didn't change jurisdictions. We had the right to reject a magistrate simply because they were a magistrate judge and not simply a judge. Nobody discouraged it or even tried to fight it. If law was so logical and like code, this move would not cause an instant 180 in the case.
I think they were going for „giving legal advice while not being a lawyer“, not the suggestion of judge shopping.
You were in the courtroom once, the lawyer will be in that room many, many times. He wants what is easiest for him, with some deference to you, but really mainly for him.

All this stuff is hard to navigate if you're not used to it, or haven't been involved before.

> to think that layperson could be jailed for suggesting it

Who told you forum shopping is illegal to talk about?

Giving legal advice when not being a lawyer is illegal, it’s probably very unlikely that this already counts as legal advice though.