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RetiredinVA

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Posts posted by RetiredinVA


  1. PG I agree that disclosing representation of of a person who has been charged with a felony is not prohibited.  I agree that the OP could discover the representation by examining the court's files.  But I would not want any of my former felony clients to be called up by someone who starts out with "Hello, your attorney tells me you were charged with a felony."  I would always contact the client first.


  2. BTW,  you are being charged with felony stalking.  The question before the court and the jury is whether you stalked the victim.  You alluded to certain actions by the other party - driving by your house, calling you at work, leaving things on your doorstep.  You should be aware that the court may, dare I say probably, will not allow your attorney to ask about any of those incidents.  You are not likely to win an acquital by destroying the victim. On the contrary, the more agressive your attorney is in attacking the witnesses the more it will look like you ARE the type of person who stalks someone else.   If your attorney succeeds in bring the victim to tears, the jury may come out of the box and beat you up right in the courtroom.  Be careful what you wish.


  3. Fallen, Attorneys generally are not permitted to reveal the names of their clients without the client's permission.  So if the OP were to ask me for the names of clients who have been charged with felonies and who were pleased with my representation and who thought I was a shark. I would not be able to do so without some delay - especially if the former clients were incarcerated.  The practice of law is not like installing siding.  I might also point out that in the case of the sharks in my practice area the sharks usually take a big bite out of the client first.


  4. My experience with physicians is that they will not rely on medical records from any other facility.  My wife had a serious and rare problem.  We gathered all her records and took them to the reputed world's greatest experts in the malady twice.  This was at Mayo in Rochester. In both cases the experts (and they truly were the world's greatest experts) discarded all the records and ordered their own tests at Mayo.  I have a friend who is a nurse and said that specialists seldom or never rely on another physician's records.


  5. There are to many facts left out to give a reasonably good suggestion.  Forinstance, the dates of the various activities may be relevant.  Also, what kind of a company are we talking about: OTC, NASDAQ, unlisted, etc?  The receipt of a letter does not require any response and may simply be a notice to you that a claim is being made.  If a claim is being made one would asume it would be made against all the owners of the stock.  Who is making the claim, a bankruptcy trustee or another shareholder?  What is the status of the bankruptcy?

     

    I would suggest you consult with an attorney who can review all of the documents and ask the necessary questions.  This is not something that allows for analysis on an online chat site.


  6. I would not brag about never having had a license.  You really need to get a local attorney.

     

    In my area, Virginia, driving while never having had a license is a jailable offense.  Unfortunately I have had clients who were illegally in America and never had licenses because they were from Mexico where having a license is the exception rather than the rule. The best I could ever do was to get the charge reduced to "No license in possession" if they had an otherwise clean record.  I don't know how things are done in Arizona or what your residency status but I would be reluctant to go to Court and telling the Judge you never had a license as if that was a defense.


  7. No, you don't get it.  The two orders deal with entirely different issues and different entities.  One protects the trust's property.  The other deals with what happens to the trust's assets as they leave the trust.  Imagine, if you will, a scenario where the trustee hands over the money from the trustee in a stack of dollar bills.  He puts it in your hands and a Sheriff comes up behind you and take it out of your hands.  You would not be able to argue that the stack of bills is protected by the trust protective order, could you?  The only differrence is that the money is in the form of a check, not a stack of bills.

     

    If I were the trustee, I might very well finesse the whole thing by cutting a separate check in the amount of the child support arrearage, payable to the clerk of the court, and send it to the court that issued the withholding order.  It is called an interpleader.  Let them sort it out.

     

    No matter how you cut it, you should not expect to get that money.


  8. From the Arizona DOT site:

     

    Arizona requires that every motor vehicle operated on roadways be covered by one of the statutory forms of financial responsibility, more commonly called liability insurance, through a company that is authorized to do business in Arizona. This requirement also includes golf carts, motorcycles and mopeds.

    Minimum levels of financial responsibility are

    • $15,000 bodily-injury liability for one person and $30,000 for two or more people.
    • $10,000 property-damage liability.

    You don't just owe the duty to have insurance to the dealer.  You better have it if you get stopped. 


  9. I always destroyed copies of documents that are in the Court's fies after a few years (usually five years).  I chose not to pay file storage companies to store such documents.  Although it may be expensive to recover such filed documents, I have never had to bear that expense.  The most common reason for requesting such records comes from the former clients.  Typically, they will ask for a copy of a divorce decree (as in this case) or a bankruptcy filing, including the discharge order.   I look up the file summary on my computer and give them the case number and phone number of the clerk.  The alternative is for me to request the return of the box from storage, riffle through the files, select the required document, copy it, and mail or fedex it to the former client.  In your practice you may choose to serve as a storage and retrieval facility for your former clients but I do not.  I do not recall ever having to reopen a case that has been closed so long that the clerk's office has sent the file to the commonwealth's offsite archive facility.

     

    Regarding the suggestion of contacting a title company, I realize that title examiners typically live in the record room.  But those that I have known have developed, over years of living in the courthouse, a rapport with the clerks which seldom exists between the attorneys and the clerks.  In  other words, as a practical matter, a title examiner is more likely to be of assistance in getting a clerk to help find a lost file than an attorney.  I am not suggesting that the title company is in the business of searching for divorce records since I know they are not.  But if the OP could get in touch with one of their title examiners she might be able to get him to (unofficially) do an investigation the next time he is in the courthouse.  Also, a long-toothed title examiner would certainly know exactly what happened to the court's records during the period in question.  I am trying to offer the person a practical suggestion for solving her problem.

     

    PS   I have heard of a law firm in Arkansas that has a policy of destroying client files involving real estate transactions about a year after the case closes.  We will undoubtedly hear more about that in the coming election year.


  10. I doubt you will find any lawyer who would be interested in your case.  Your wife'sprobable recovery would be the $400 you paid the representative.  It is possible that she could get a recovery in the approximate amount of your unemployment benefit if, and this is a big if, she could convince the judge or jury hearing the case that she would have won the appeal the representative screwed up.  Since it sounds like your wife was denied benefits, the denial was upheld on the first appeal, and the appeal of the appeal was also upheld, she would have a very difficult time proving she would have won.  Proving all that would require large attorney's fee which would not be recoverable.  She would also need an expert witness to present an opinion that she would have won the benefits had the second appeal been successful.

     

    Anyway, I would suggest you explore your options with an attorney who works in the field of unemployment compensation.  That attorney would be your best source of advice.  I think you should explore the options in Virginia.  The representative is authorized (hopefully) to practice in Virginia, the legal error occurred in Virginia, and trying to find a Pennsylvania attorney conversant with Virginia unemployment compensation law and procedures may be impossible.  Most attorney's will offer a free initial consultation.

     

    BTW, you shifted back and forth from your wife being the claimant to "I lost the appeal".   It is not clear exactly how you fitted into the appeals.


  11. The divorcee may not have had an attorney.  But, even if she did only a true pack rat of an attorney would keep divorce files for twenty or more years.  In addition, good file management suggests that the attorney need not keep copies of documents that should be readily available in the court's files.

     

    I wpuld suggest to the friend that she contact a title insurance company in or near Riverside County.  Title examiners are more skilled than anyone else about how to find things in the Clerk's office.


  12. Whether you are an independent contractor or employee depends on certain characteristics of the relationship.  The determination is fact driven and must be determined on a case by case basis.  The criteria used by the IRS are:

     

    Common Law Rules

    Facts that provide evidence of the degree of control and independence fall into three categories:

    1. Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
    2. Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
    3. Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business.
     
    Similar criteria apply to determining an individual's rights to worker's compensation and other benefits.  The question is so broad as to prevent full explanation on this forum.
    ------------------------------------------
    But, I sense your particular problem is whether the company that "contracted" with you can refuse to "contract" with you because you violated a company policy.
     
    The answer is simpler than you imagine.  The company dispatching you can refuse to contract with you regardless the reason unless they refuse to do so because of a violation of a protected status, such as race, religion, sex, nationality, etc.  If, on the other hand you are an employee, they can fire you unless you have a contract with them, are a member of a collective bargaining unit, or the firing violates a protected status as described above.
     
    In other words, it probably doesn't matter whether you are an employee or an independent contractor.

  13. You can obey the court order granting the father visitation.  You don't have to worry about the police showing up to arrest you.  Violation of a custody order is done by making a motion to hold the other party in contempt for violating the order, not by arresting the other party.  The father could clearly do that.

     

    Also, you might consider taking remedial writing and punctuation courses.  Your son would benefit from your assistance as he develops if you can provide such assistance at home.


  14. You did not identify the state where this occurred.  However, your potential claim against your father would almost certainly be barred by the statute of limitations in your state.   You might try googling "statute of limitations oral contract" and your state's name.

     

    BTW, how would you like it if your father countersued for the tens or hundreds of thousands of dollars it cost him to raise you to the age of 16?


  15. The idea of having two trusts is highly unusual, but that is the least questionable of the issues that might be involved.

     

    The main issue is that you say your sister has a POA from your parents.  A POA nominally allows a designated agent (attorney in fact) to act on behalf of her principal as set out in the power.  However, in the situation you described it would appear that your sister intends to create a trust in which she might be the beneficiary.  I would question whether the power would allow that.  An attorney in fact is authorized to act for the principal but owes the principal strict fiduciary duties to do so only as it benefits the principal.  In other words, an attorney in fact usually cannot give the principal's assets to herself.  I have not read the power of attorney in question but that thought comes to mind immediately.

     

    Second, I wonder why it is necessary to create these trusts in the first place.  Trusts, especially irrevocable trusts, are normally used as an estate tax avoidance technique.  That would imply that the value of the joint estate is in excess of the estate tax exemption which, as I recall, is in the neighborhood of $5,000,000 dollars. (I am sure Tax Counsel will correct me on that.)  If that is the case, the IRS might very well perk up its collective ears and query whether a last minutes creation of trusts by apparently incompetent taxpayers will be honored.  It would also require the filing of gift tax returns which might eliminate any estate tax savings.

     

    Another attempted use of such trusts is to eliminate the estate of the elderly in order to qualify for medicaid.  Rest assured that the medicaid folks have seen this before and will not be happy.  They will undoubtedly claim these trusts are fraudulent conveyances (look it up) and have the trusts set aside.

     

    Okay, I am mentally wandering.  It is not clear how the attorney you mentioned above fts in this matter.  Was he retained to represent your sister, both of you, or your parents.  I would strongly suggest you get your own attorney and present all the facts to her.


  16. Be very careful.  I had a very similar case.  Critical question:  did the will leave the estate, or any part of it, to the old girlfriend?  If she was simply nominated as the executor and can't be found, the preceding suggestion is correct. If she was also the beneficiary of the estate, or any part of it, then you must find her and turn the legacy over to her.  If she is a beneficiary and you cannot find her after due diligence you will have to turn her legacy over to the receiver for your state, or to the court, depending on your state's laws.  The lapse of time does not make the will invalid.  

     

    I might note that faillure to probate a will that leaves part of an estate to someone in order to prevent that person from receiving their legacy may be considered fraud and have severe consequences.

     

    But, if she a beneficiary and she predeceased your Dad, then the legacies may have lapsed.  Whether the legacy lapsed is a matter of state law.

     

    You should consult with an attorney who can review the will and advise you how to proceed.


  17. The real question here is whether you are in a position to reveal secrets that you have learned from working for your present employer.  If you are merely tightening widgets on a frammis then that would probably not be a problem.  But if you are a design engineer, sales manager, or such then your current employer would be justified in firing you and even suing you for revealing trade secrets.  A very simple test:  would you be comfortable telling your current supervisor that you are working for the competitor.  If you would be reluctant to do that, then you probably have an ethical problem.  It's not that complicated.


  18. I yield to Ted regarding Texas law and procedure.  But, I suspect there may be a procedure short of divorce to establish custody.  In Virginia we have Juvenile and Domestic Relations courts to deal with such matters.  Since filing for divorce presumes the existence of grounds for the divorce, it is not always the best way to attack these problems.

     

    Also, because these problems frequently occur outside of marriage I would assume ther must be such remedies available.  I leave it to Ted and/or others to confirm whether such alternatives exist and how they may be utilized. 

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