Justice denied can be devastating to individuals, families and society. Sometimes, justice denied in the legal system is a finality that cannot be undone and consequently must be lived-with. While unjust in some cases, the “finality of judgments” is a long-established, fundamental legal doctrine that actually does serve the public interest …in spite of the harsh effects it may have. Indeed, without finality, litigation cases could potentially never end and serve only to harm the public interest.
However, when in rare instances justice is denied solely for acts of intentional deceptions, dishonesties, artifices (trickery) and misrepresentations and false statements of facts or law committed by lawyers ⎯ acts which render the judgment of the court void ⎯ there is a legal remedy that can be used to set aside (or vacate) that damaging judgment.
Judgments of the court obtained through wrongful, unethical acts by lawyers wherein the court failed to perform the impartial functions of the court because it was intentionally misled, are judgments that are legally void and must be set aside (vacated) as a matter of law. In some cases, wherein the judge himself/herself intentionally ignored the law to make a preferential decision rather than one based on the law, the resulting judgment is equally void and must be set aside.
A judgment that is legally void, is a judgment that effectively does not exist and must be declared by a court of competent jurisdiction, through proper judicial proceedings, as being void and of no legal effect. Notwithstanding, only until and unless a court pronounces a judgment void, the judgment remains valid and must be obeyed, upheld, and enforced.
What we at justicematters.us strive to do when unique legal cases are brought to our attention, is to dig deep into the facts of the case …then did deeper into the case records to discover whether there is a real chance that a wrongful judgment of the court was reached because of attorney or judicial misconduct by the lawyers involved, or by the trial judge.
If we determine the judgment was a result of misconduct by an officer(s) of the court, then we consider a viable course of action, organize the case files, research obvious applicable laws, perhaps prepare a legal memorandum, and then seek out the right lawyer or law firm to take the necessary steps to securing judicial relief from said void judgment for the benefit of the harmed party.
For all the right reasons, we at justicematters.us do not provide legal advise, nor do we prepare, sign and file court documents on behalf of clients. To do otherwise would constitute acts of “unlawful practice of law” that are deemed by statute as illegal conduct.
Though limited, we at justicematters.us have developed unique skillsets in this very narrow area of law.
… please note that justicematters.us is a new idea …a new startup enterprise …and thus this Website is only in its beginning phase. Stay tuned.