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Everything posted by RetiredinVA

  1. J.D. refers to a post graduate university degree "Juris Doctor". It means Doctor of Laws. It is awarded after three or four years of study after the award of an undergraduate degree - B.A. or B.S,, for instance. Curiously, although the majority of lawyers were awarded J.D. degrees, few demand they be referred to as Doctor, although they are entitled to do so. Esquire or Esq. is an unofficial designation for a person who has been admitted to the bar in a state and is authorized to practice law in that state. There are lots of people who have J.D. degrees who do not practice law. Not all people who are authorized to practice law have J.D. degrees. In some states, a person may be admitted to the bar with Bachelor of Law degrees or after "reading the law" for a designated period of years under the supervision of a lawyer. In some states, admission to the bar is automatic if a person graduates from a state's university school of law with a J.D. degree. Most lawyers will have been required to pass a bar examination before being authorized to practice law.
  2. My point is not about what organizations should do, it is about what they DO. A bowling league, softball league, tennis club, book club, PTA, etc. of which there are thousands (perhaps millions) may collect dues and pay for use of alleys, equipment, trophies, school supplies, etc. and never even think about trying to qualify as a tax-exempt organization or filing income tax reports.
  3. Of course going through the drill to be officially declared a tax exempt organization is the right thing to do. However, I bet 99% of small organizations, clubs and civic associations don't bother. Acquiring tax exempt status is only significant in most cases if the organization is a charity or educational organization that solicits funds and offer a tax exemption for the funds collected.
  4. Your attorney needs to plead the existence of the agreement in the case in Indiana. Tnen it can be incorporated in the final divorce decree. It is not up to your husband what in included in the divorce.
  5. Google "South Carolina Bar Grievance" or "If you believe you have a grievance against an attorney--which you believe can be proven and documented by obtainable evidence--write or call: Commission on Lawyer Conduct 1220 Senate Street., Ste. 111 Columbia, SC 29201 Telephone: (803) 734-2037"
  6. You have a right to your attorney's file. I would suggest you file a complaint with the state's bar wit a e complaint to the attorney. If you had tagged or identified the state we could tell you more.
  7. See esp. SECTION 27-40-770. Periodic tenancy; holdover remedies.
  8. Unfortunately for you, as well as many other pro se parties, the court is not required to "construe" anything for the benefit of one of the parties. In cases where both parties are pro se a judge may allow a little leeway - see for instance Judge Judy. But once one party has an attorney the rules are usually strictly applied. Judges will sometimes directly advise the pro se party they should really get an attorney. If you were an attorney practicing in the court in question you would no doubt know the purpose of the hearing and would know how and when to request a continuance. The court probably has rules about timing of discovery which may have make your subpoena-discovery requests invalid. You have not given us sufficient information to guess what happened. However, regarding the merits of your case, it seems you were trying to have a will written in 2004 by your mother found to be your mother's last will and testament. It appears a later will had already been probated and your sister had already been appointed executor. It is usually very, very difficult to contest a will that has already been proven to be the testatrix's last will and testament. Even a very experienced attorney would have a difficult time putting together such a case. It would require expert testimony as to the mental state of the testatrix, who would normally have to be identified before a hearing. The allegations you made about your sister having filed bankruptcy and move nine times are all irrelevant. Perhaps why the judge mentioned that your case was "mumbo jumbo". In other words, regardless whether the transcript and recording of the hearing are accurate, the probability of your winning at the end is pretty close to, if not exactly, zero. Get on with your life.
  9. You did not identify the state so any answer is necessarily vague. Since your title says no rental agreement, you would probably be considered to be a month to month tenant. Most likely you have thirty days to move after notice to vacate.
  10. I was a sole practioner for over thirty years and I can assure you there is no such thing as a typical day. Unless the attorney has a client that keeps him or her busy on a regular basis, every day is dedicated to get something done that makes money. A sole practitioner might deal with bankruptcies, wills, divorces, real estate closings, criminal cases, personal injury claims, incorporation, etc., all in the same week.
  11. Which hearing was recorded? There was an original hearing, for which you were not prepared and it resulted in your case being dismissed. Was that hearing the one you claim was recorded and altered. Then you moved for a rehearing and and were denied. Was that the hearing that was recorded? Your description is a little difficult to understand. In any event, the way things work is that the parties get to present their case. If they are not prepared and lose, they do not get to have another hearing for which they hope to be prepared. That being the case, If the altered record is the record of the motion to rehear, it is irrelevant.
  12. The bondsman did what he or she was hired to do - post collateral sufficient to get your friend released from jail. No, you cannot sue the bondsman!
  13. The bail is not based on the charge. The bail is based on the probability the defendant will appear in court and the danger to the community if the defendant is released. Many factors enter into the bail amount including the charges, the defendant's record, ties to the community, wealth, mental condition, and hair color. (Almost just kidding.)
  14. Why were the dogs outside when the delivery driver arrived. It sounds as if he was familiar with your dogs and their behavior. We had daschunds and found they are aggresively territorial. A dog doesn't have to be large to cause damage.
  15. I always tried to make my client's will as if they would last forever. Lots of contingencies for deaths and births. But, your situation is not a question about whether wills should be periodically reviewed. It is about what your father should have done when he allegedly changed his mind about the disposition of his property. At that point he should have revised the will. That he did not is not your sister's fault.
  16. There has to be more to the story. No hospital would keep a patient for a month for no reason. What was your diagnosis?
  17. When you requested the VA provide a copy of the record what happened?
  18. If your son was actually misled as to the nature of the plea agreement he may have the right to appeal the convictions.
  19. When a person pleads guilty to a felony, the court will enter into a colloquy with the defendant. The defendant will be asked if he understands the charge and did, in fact, commit every element of the crime. Whether the charges could have been bargained down to misdemeanors is irrelevant once the defendant admits he committed felonies. The money you paid the atttorney for your son's legal fee was not unlawfully required and accepted. It is not neessary for your son to approve of the payments in order to make the paymentss "legal". Essentially you were lending your son the money to pay the fee.
  20. The fact that your son, and not his attorney, pleaded guilty to the charges against him is a serious barrier to his recovering damages for malpractice by his attorney. You should report your allegations to the bar, which may take action to stop the attorney from continuing to practice. Consult the list of attorneys available by clicking the Find-a-lawyer box at the top of every page of this site to `find an attorney you may consult.
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