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Questions Answered by Edward X. Clinton, Jr

1 Answer | Asked in Estate Planning, Family Law, Arbitration / Mediation Law and Legal Malpractice for Louisiana on

Q: I had a mild heart attack brought on by a proposed eviction supported the succession attorney hired by sister. recourse?

Sisters atty encouraged her to propose my eviction in order to sell my late mothers home. My understanding is that I am equal share holder in ownership & cannot be evicted. Also I’m disabled - stroke 4yrs ago. I’ve lived with my mom for 18yrs. When I received this proposed eviction, my blood... Read more »

Edward X. Clinton, Jr answered on Jun 21, 2019

I am sorry you had a heart attack, but the heart attack was not caused by the eviction or the attorney so, no, you can't sue them.

1 Answer | Asked in Civil Litigation, Civil Rights, Legal Malpractice and Small Claims for Texas on

Q: Can I sue lawyer for not doing there job? For causing emotional distress?and messing up case?

August of last year I was in a major car accident in front of a police officer and the carless driver was given a citation while I was taken to the ER. I went to a lawyers office and met with the receptionist who took my statement and got started with therapy right away around December we heard... Read more »

Edward X. Clinton, Jr answered on Jun 21, 2019

You can only sue a lawyer for economic damages, meaning the money you lost due to the representation. Did you sign the release? if you did, you may be able to receive a settlement check.

The settlement must be agreed to by you as well. If the lawyer did not have your authority to settle,...
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1 Answer | Asked in Estate Planning for Illinois on

Q: After estate has been filed in probate court Can a probate lawyer withhold the clients deed due to non payment?

Edward X. Clinton, Jr answered on Jun 21, 2019

Your question is unclear. If the lawyer is refusing to prepare the deeds to deed property to you, then yes the lawyer can do that because he had not been paid.

If the deed already exists somewhere, I'm not sure the lawyer can effectively deny it to you. He or she can assert a possessory...
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2 Answers | Asked in Legal Malpractice for California on

Q: I live in California. We have a questions about a legal malpractice claim against two attorneys.

I live in California. We have a legal malpractice claim against two attorneys, one who abandoned our underlying case prior to trial (no Arb in Retainer Agr) & the other who took the case through trial & lost the case (Retainer Agr has Arb clause). The SOL deadline related to the action against the... Read more »

Edward X. Clinton, Jr answered on Jun 11, 2019

You must sue both attorneys in one complaint. I'm not a California lawyer as I practice in Illinois, but I am confident that you should sue both attorneys if you believe they committed malpractice. If you sue them separately, each will blame the "empty chair" for the bad result.

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1 Answer | Asked in Business Formation, Copyright and Trademark on

Q: Is DRIVERS2U a registered trademark as DRIVERS2U is the name of my UK registered company

Edward X. Clinton, Jr answered on Jun 7, 2019

You need to hire a lawyer to do a trademark search. Just because its the name of a company does not give it any trademark protection in the United States. Having the name may give you the right to use the name, but you need to do a trademark search first. Hire an experienced intellectual property... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Illinois on

Q: In the of Illinois. Do I have to return a Promise Ring to an boyfriend?

He now wants the ring, claiming he is paying on it.

But also, he is back with his ex girlfriend.

Edward X. Clinton, Jr answered on Jun 7, 2019

No the ring was a gift voluntarily given to you. It's yours.

3 Answers | Asked in Car Accidents for Illinois on

Q: My husband owns the car . I was driving it and had a car accident. The insurance has both names on it...who will be sued

Edward X. Clinton, Jr answered on Jun 7, 2019

Both you and your husband will be sued as you were the driver and possible tortfeasor and because he was an owner and may have insurance. You should hire an experienced lawyer to represent you.

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1 Answer | Asked in Contracts and Entertainment / Sports for Illinois on

Q: Does this artist management clause allow a manager to collect post-term from platforms like Tunecore or Distrokid?

I was curious if these digital platforms would fall underneath this clause if the manager uploaded the music, because while they are considered DIY platforms, technically they are creating a contract with the distributor whether it's Tunecore, Distrokid, CD Baby etc. Here's the exact wording...... Read more »

Edward X. Clinton, Jr answered on Jun 7, 2019

Yes, the agreement requires the artist to pay commissions on contracts entered into during the term of the agreement. So if an artist enters into an agreement with medis company X during the term of the agreement, the manager would seek to collect a percentage of that income.

This clause...
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1 Answer | Asked in Uncategorized for Illinois on

Q: Can a person be denied for residency in Illinois because of a conviction in 2009 for theft.?

My friend has been denied residency at a mobile home park in Freeport, Il. He served his sentence in full and has caused no issues in the trailer park at any time.

Edward X. Clinton, Jr answered on Nov 5, 2018

No. The law does not allow the State to deny you residency. Landlord has the right to deny you a place to rent, however.

2 Answers | Asked in Legal Malpractice for New York on

Q: My attorney made a mistake with my case filing but I think it was just a minor oversight that won't affect the outcome

of my case. Does that still qualify as legal malpractice? It did inconvenience me.

Edward X. Clinton, Jr answered on Nov 5, 2018

Nope. To be malpractice the error must be significant enough to affect the outcome. Usually, you have to prove that you lost the case as a result of the error. If the error is tiny and can be corrected, there was no malpractice.

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1 Answer | Asked in Legal Malpractice for New York on

Q: Someone posts untrue reviews about me on Yelp. Can this affect my malpractice insurance rates or standing with the bar?

Edward X. Clinton, Jr answered on Nov 5, 2018

No. A negative yelp review won't have anything to do with insurance or your standing with the Bar.

I'm sorry to say that there is little you can do about a Yelp review. Suing Yelp won't work and it should not work because of the first amendment.

I have earned several nasty reviews....
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2 Answers | Asked in Federal Crimes and Legal Malpractice for Massachusetts on

Q: What type of attorney would you consult with to determine if a situation should be investigated by higher authority

Edward X. Clinton, Jr answered on Jun 6, 2018

I would recommend that you consult with a lawyer in the area of legal ethics or legal malpractice. If that does not give you the answer you request, I recommend that you consult with the State agency that regulates lawyers. In Illinois, that would be the Attorney Registration and Disciplinary... Read more »

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1 Answer | Asked in Legal Malpractice for New York on

Q: Is there a statute of limitations on legal malpractice?

Edward X. Clinton, Jr answered on May 11, 2018

Yes, there is a statute of limitations on legal malpractice in every state. Depending on where the client is located and where the lawyer is located, the statute of limitations will vary. For example, Illinois has a two-year statute of limitations while Ohio has a one-year statute of limitations.

1 Answer | Asked in Legal Malpractice for Illinois on

Q: Can a lawyer be stopped from extorting settlement money before filing an individual suit?

An attorney has filed 43 cases in Illinois against multiple anonymous defendants ("Does") in each case. The plaintiff in each case is a different company that sells pornographic “copyrighted” content on the Internet. The attorney then discovers the defendants’ personal information. He then... Read more »

Edward X. Clinton, Jr answered on Sep 18, 2013

A lawyer's settlement demand is not typically considered extortion. Extortion is the attempt to collect a debt by a wrongful threat, such as a threat of force. If you are a defendant in such a case, I recommend that you contact a lawyer as soon as possible. There are lawyers who specialize in this... Read more »

1 Answer | Asked in Legal Malpractice for Illinois on

Q: Can I look at legal complaints against an attorney and find what the outcomes were?

Edward X. Clinton, Jr answered on Sep 18, 2013

Unfortunately there is no database that lists claims against lawyers and the resolution of said claims. Your best bet in Illinois is to check the website of the Illinois Attorney Registration and Disciplinary Commission, www.iardc.org. Otherwise a search on the internet is the best you can do.

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