Tennessee General Practice Legal Questions

It really depends on what type of fee agreement you have with the lawyer. If you were the injured party, most attorneys take personal injury cases on a contingency fee. This means the lawyer does not get paid unless he/she is able to secure a settlement on your behalf.  If the attorney does secure a settlement then the fee is generally a percentage of the settlment - most often 1/3 of the settlement. You will want to refer to the representation agreement you signed with the attorney. The representation agreement should contain the fee agreement. ... Read More

Except under special circumstances (i.e. to prevent a future crime), which don't seem to apply here, an attorney is ethically bound to maintain his/her client's confidences, and can face discipline from the bar if he/she breaches that confidence.  He/she can also be liable to the client for damages caused by the breach of confidence.... Read More

I know that this is a very difficult situation, but you're proposing doesn't seem likely to make it better.  When you say you gave your daughter a car, I assume you mean that the car is titled in her name.  As far as the world is concerned, it is her car until and unless a court says that it isn't.  It is possible that you could win a lawsuit against your daughter for breach of contract, and possible that a court would order her to return the car to you, but you have no right to simply take her car, any more than she could come along and take your car simply because she claims that she had bought it for you under certain conditions which you violated.  Given the apparent animosity between you and your daughter, if you simply tood the car you would likely find yourself arrested for thef.  ... Read More

That depends. If your husband sold the truck and there was no discussion about the personal items, then the sale included everything in the truck. If there was a specific discussion that the sale did not include the items in the truck, then the sale did not include the items in the truck. If the latter, then you can file a civil action lawsuit against the buyer in small claims court for the cost of the items. As you might have learned, next time take everything out of the vehicle before you transfer possession to the buyer.... Read More

In order to form an enforceable contract, there must be consideration exchanged on both sides.  You haven't indicated that this third party, whoever he or she is, received any consideration, i.e. anthing of value in return, for paying for the repairs. Sometimes consideraiton is not required if you deterimentally and reasonably relied on a promise.  This is known as promissory estoppel.  If you only got the repairs done in reliance on this promise, you may have a claim.  However, it will be difficult to prove that you only had the repairs because of the third party's promise to pay.  Also, some judges may not think you suffered any loss, because you did get your property repaired, and it is now presumably worth $2,500 more than it would have been without repairs.. As far as any clqaim against the seller, you may have a claim, but since his/her agreement to pay for repairs was oral, it may be difficult to prove it.  Also, if you have a writtten contract, any alleged oral representation which contradicts it is likely to be barred.  This is known as the parole evidence rule.... Read More