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Questions Answered by James Avery
1 Answer | Asked in Personal Injury for New York on
Q: My underage friend was raped, his attackers are of age. Will this go to court?

He has video proof, has taken it to the police and was blackmailed by these people. He also made sure friend was also on FaceTime to witness it.. will the friend have to stand witness?

James Avery
James Avery answered on Apr 2, 2020

The “will witness have to go to court” will depend on the situation. Criminal cases will depend on the Prosecutor. Civil cases, a witness generally cannot be compelled to testify.

2 Answers | Asked in Civil Rights and Legal Malpractice for New York on
Q: Provide a scenario of legal negligence and explain which elements of negligence are factors in the scenario.
James Avery
James Avery answered on Apr 2, 2020

The most common scenario of negligence (lack of due care judged by professional standards) is failing to diligently pursue legal matters, including failure to file timely lawsuits. Many lawyers do not use modern software for tracking cases, etc. The damage which occurs is the value of the matter... Read more »

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1 Answer | Asked in Legal Malpractice for New York on
Q: Can my lawyer sell my personal information?

I USPS mailed a signed, notarized quitclaim deed to my lawyer this past Sunday. Today, Wednesday, three days later, my husband received a text message from an unfamiliar local phone number addressed to my name asking to speak to me about selling the property related to the quitclaim deed. The... Read more »

James Avery
James Avery answered on Apr 2, 2020

To sue, you need to have suffered an injury. NYS or Local Bar Assn can investigate possible breach of client confidentiality.

1 Answer | Asked in Medical Malpractice, Civil Rights and Health Care Law for Indiana on
Q: Does a jail have to get a prescription to put an inmate on a medication?

I was recently arrested and while being incarcerated the jail put me on a medication called Zyprexa without speaking to any medical staff or doctor. I don't have any prescriptions that I'm supposed to take. The medication they put me on caused extremely visual hallucinations. They gave me... Read more »

James Avery
James Avery answered on Apr 2, 2020

You should not be forced to take medications, especially when they are not prescribed by a physician. This violates the 8th Amendment prohibition against cruel and unusual punishment.

3 Answers | Asked in Criminal Law, Sexual Harassment and Civil Rights for Arizona on
Q: A sexual assault happened to me in NY state over 5 years ago. However I currently live in Arizona. How do I report this.
James Avery
James Avery answered on Apr 2, 2020

Sexual assault, like any crime, needs to be reported to the local police where the offense occurred for there to be proper jurisdiction to investigate and prosecute the crime (if timely). Even if not timely, your testimony could serve another victim (as done in Harvey Weinstein’s trial). Feel... Read more »

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2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for Colorado on
Q: I complained about gender discrimination at work & it just got worse & my boss emailed my recorded personal calls to

other employees. We were told he only recorded us to listen in sales meeting to our conversations with clients & prospects. I am in shock & humiliated & frustrated. I need to know my rights in Colorado on gender discrimination in the workplace & wire tapping laws.

James Avery
James Avery answered on Apr 2, 2020

You will need to file a timely complaint with the Office of Civil Rights for protection. Failure to do so can result in your claim being barred. As for ‘wiretapping’ this is a criminal issue, but I would report this to OCR as well as your local police department.

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2 Answers | Asked in Personal Injury, Real Estate Law and Municipal Law for New York on
Q: Is there a specific law stating fire departments are responsible for visitors on department property.

Doing research for a class project

James Avery
James Avery answered on Apr 2, 2020

Hint: Search NYS law on government liability waiver of sovereign immunity, and premises liability of occupant of the property.

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