Litigation Legal Questions

That is a tough one. You should hold on to the money and not spend it, in the event anything happens. I am not sure the police will want to be involved unless this is a forged check or she was totally incompetent when this happened. If it is more worth holding on to the check than it is just returning the money, talk to a lawyer. If you are still employed at the same nursing home, I have concerns of what your employer think, and do.... Read More

There is statutory procedure that must be followed before disposing of abandoned personal property. Basically, you have to give her thirty days written notice that she has to pick up her property. At the end of the thirty days, you can sell the items or donate them to a charity. Before doing anything, I would recommend meeting with an attorney to go over the statute thoroughly so you do not get into trouble down the road.... Read More

Sooooooo you want to fight over three (3) pounds? Though it may be your right to challenge such things, unless you are willing to spend the money fighting over such an issue, you're probably not going to go far with it. Additionally, you need to examine the details of the guarantee. Rarely are they "money back" and those athat are usually have  lots of loopholes.... Read More

An attorney cannot withhold your file. Sometimes attorneys want to be paid what is owed before releasing the file, but this is not appropriate and may in fact be a disciplinary violation. I would try to work it out with the attorney and if you cannot, you can always contact the county bar association for a referral.... Read More

Well if your gettin sued....."I cant afford to hire a lawyer" simply won't suffice. You either need to find a way to retain a lawyer or your will likely be seriously exposed to whatever develops in the case. Its impossible for lawyer to arm chair quarterback a litigation case nor can u rely on legal blurds as a substitute for litigation counsel.... Read More

In court, phone calls don't count, unless the other side admits what you say was said. So put things in writing. Emails only count if the other side admits that they received them. Anyone can type an email in Word, print it out, and claim they sent it. So send them a letter, with your name and address at the top and your signture at the bottom, and mail it with a stamp. You can email a copy, in order to get it to them faster, but that letter will be admissible in court and will have a lot of influence, even if the other side denies it. It will also demonstrate to them that you are serious, getting ready to sue, and maybe even that you have a lawyer around who will send the next letter. If the cost of fixing the floor is less than $10,000.00, then you can sue in small claims court and neither side will have lawyers. As the plaintiff, if you are unhappy with the decision, you have no right to appeal. The defendant can appeal and automatically get a new trial in Superior Court, with lawyers. Lawsuits are very expensive. If your letter doesn't get them to do the right thing, maybe a letter from an attorney will. Maybe they will agree to mediation with a neutral flooring expert or a professional mediator. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business.   Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Set up a trust, and put all your property, especially any real property, into the trust. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack    ... Read More