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Questions Answered by Howard Berkson
1 Answer | Asked in Business Law for Oklahoma on
Q: Is the business liable is the work is contracted out?
Howard Berkson
Howard Berkson
answered on Dec 30, 2013

We don't have enough information to answer your question directly. There are a lot of variables that go into determining whether a company is liable for something done by its contractor.

1 Answer | Asked in Elder Law for Oklahoma on
Q: How do you transfer adult guardianship from one person to another.
Howard Berkson
Howard Berkson
answered on Dec 29, 2013

Guardianship appointments, modifications, and revocations, are all done by a court. The new guardian should make a motion with the court that initially appointed a guardian. If the present guardian does not object, the motion should say so. Check with the clerk of the court in that county to see... View More

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: How can I place an associate's name on my property's title document without risk? What contract wording do I use?

4 Plex rental home

Under the care of a management company.

My associate needs their name on the property title to be more fully included in the management on equal base with the management company.

Contract Wording - Associate has no power to sell, invest into property, name... View More

Howard Berkson
Howard Berkson
answered on Dec 29, 2013

What you propose is a complex matter. There is more than one way to accomplish your goal as I understand it. Consequently, there is no simple form to fill out or list of contract terms you should draft on your own. You should consult with an attorney.

1 Answer | Asked in Employment Law for Oklahoma on
Q: How long does it usually take to settle an ERISA insurance case in Eastern Oklahoma federal court?
Howard Berkson
Howard Berkson
answered on Dec 26, 2013

Settlement depends almost entirely on the other party's willingness to settle. If you and the other party have come to an agreement, then the court's involvement should end fairly quickly. It is easy for the judge and helpful to his or her schedule to allow voluntary dismissal of a case... View More

1 Answer | Asked in Uncategorized for Oklahoma on
Q: What motion to dismiss a case is needed when officer's statements contradicts themselves?
Howard Berkson
Howard Berkson
answered on Dec 23, 2013

An officer's contradictory statements may not be enough to dismiss a case. An attorney would need all the facts to determine if filing such a motion would have any chance of success.

1 Answer | Asked in Car Accidents for Tennessee on
Q: Out of state car wreck do I need a lawyer in home state of Tennessee or where wreck accured?

Live in Tennessee wreck happened in South Carolina

Howard Berkson
Howard Berkson
answered on Dec 23, 2013

It depends. If you are only concerned with a ticket, use an attorney in the same county as the courthouse where the ticket was issued. If you are being sued, use an attorney in the same county as the courthouse where the lawsuit was filed.

1 Answer | Asked in Environmental for Oklahoma on
Q: What environmental laws affect probate

A Metal Planting operation has closed after 45 years in operation; the original owner died, and the sons are selling the property. Are there any environmental laws related to this matter?

Howard Berkson
Howard Berkson
answered on Dec 23, 2013

The landowner still has liability for any environmental hazards posed by the 45 year old plating operation. A potential buyer may require cleanup or evidence of no hazards before buying.

1 Answer | Asked in Foreclosure for Oklahoma on
Q: My bank has filed foreclosure paperwork with the courtclerk. Do I need an attorney to help me stop the foreclosure?
Howard Berkson
Howard Berkson
answered on Dec 23, 2013

Foreclosure can be a complicated area of the law, depending on your circumstances. You should use an attorney unless you (1) have a good understanding of the relevant statutes and regulations, and (2) have good legal research skills to find relevant case law. Unfortunately, this is not an area of... View More

1 Answer | Asked in Car Accidents for Oklahoma on
Q: I wasn't read my miranda rights or issued a ticket for DUS, but was taken to jail do I have a chance of getting off?
Howard Berkson
Howard Berkson
answered on Dec 23, 2013

Miranda rights only need to be given when you are subjected to questioning while in custody. A ticket is not required to make an arrest. Unfortunately, there isn't really enough information here to answer your question with much detail. An attorney would want to know why you were stopped,... View More

1 Answer | Asked in Arbitration / Mediation Law for Oklahoma on
Q: As a mediator doing business as a sole proprietor in Oklahoma, do I need to register a fictitious name if I use one?
Howard Berkson
Howard Berkson
answered on Dec 23, 2013

Yes. Register your "dba" (doing business as) with the Secretary of State. You can do it online.

1 Answer | Asked in Agricultural Law for Oklahoma on
Q: FSA is refusing to endorse a check for crop sale unless it goes into supervised acct. Holding income hostage.

We opened a supervisory account with the Farm Service Agency last year on a voluntary basis. Now, they are refusing to endorse a check for part of a crop sale unless it goes into this account that has been idle for probably a year. Is this legal? They don't have a claim to the money, so I... View More

Howard Berkson
Howard Berkson
answered on Dec 23, 2013

First, read your loan agreement and the security agreement and any other contracts you have with FSA or any other parties that might be involved, such as the party that wrote the check. If you are still certain they have no right require you to run funds through a supervised account, then you... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is it illegal to find 3000.00 and not turn it in
Howard Berkson
Howard Berkson
answered on Dec 22, 2013

Title 21 of the Oklahoma statutes covers criminal acts. Section 1702 defines what would be larceny (theft) of someone else's lose property. It says, "One who finds lost property under circumstances which gives him knowledge or means of inquiry as to the true owner, and who appropriates... View More

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: Do wellbores belong to the mineral lease
Howard Berkson
Howard Berkson
answered on Dec 22, 2013

That is actually a complicated question depending on how it is interpreted. The two parties' obligations to each other may be loosely described like this: the lessee is responsible for the hole and what comes out of it; and the lessor is responsible for providing access to the minerals. More... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: What is the Oklahoma state law for working for an employer that has no running water?
Howard Berkson
Howard Berkson
answered on Dec 19, 2013

We don't have enough information to provide a detailed answer. There are many situations in which running water would not be required but drinking water must be available, even if it is just bottled or in a thermos. There could be city or county health code issues requiring running water... View More

1 Answer | Asked in Employment Law for Texas on
Q: Does Texas have hostile work environment laws?
Howard Berkson
Howard Berkson
answered on Dec 15, 2013

"Hostile work environment" normally refers to a type of sex discrimination that is forbidden by federal law. Because the law is federal, it applies in all 50 states. However, the law is limited to apply only to employers with 15 or more employees.

1 Answer | Asked in Employment Law for Texas on
Q: What is my first step in filing a lawsuit against my employer? They have had several already.
Howard Berkson
Howard Berkson
answered on Dec 14, 2013

A lawsuit is begun by filing a petition with the clerk of the court in a county where venue would be proper or at the federal courthouse in the federal district where venue would be proper. However, starting a lawsuit is no small thing and you should consider getting guidance or representation... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: What does it mean to file a motion to settle journal entry with court. Can they finalize divorce without my consent?
Howard Berkson
Howard Berkson
answered on Dec 12, 2013

Often, lawyers write the decree a court issues as a courtesy to the judge. Sometimes the judge directs a party to write up the decree. However, both parties have to sign the decree for it to become effective. Sometimes, the parties disagree about what the judge said should be in the decree. If... View More

1 Answer | Asked in Employment Law for Texas on
Q: Can your employer make you sign a contract to only work for that company as a hair dresser for 5 years
Howard Berkson
Howard Berkson
answered on Dec 9, 2013

The agreement may be unenforceable, but that depends on all the surrounding facts and circumstances. You should ask an attorney to review the agreement.

1 Answer | Asked in Employment Law for Texas on
Q: My employer is raising my sales to goal to avoid paying me as much commissions is that legal
Howard Berkson
Howard Berkson
answered on Dec 9, 2013

You should have a written commission plan that explains when and how the employer can change it. If you have no written commission plan, you should ask for one and consider talking to an Attorney if the plan was violated or if there is no written plan.

1 Answer | Asked in Employment Law for Texas on
Q: I was told either I resign or im fired, the state they don't have to have a reason
Howard Berkson
Howard Berkson
answered on Dec 9, 2013

It's not clear what your question is. I assume the question is whether you can be fired for no reason. The answer is yes, although it's a suspicious thing for an employer to say. You should consider talking to a Texas attorney familiar with employment law.

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