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1 Answer | Asked in Contracts, Business Law and Civil Rights for Michigan on
Q: LLC is suing a Member. Does the Member have to be represented by counsel to defend their own interest. Not the LLC

LLC is suing a Member by another Member who has equal share. The defending Member is not representing LLC. Does Member being sued have to represented by counsel. If so, why, if the Member is not defending the LLC

Sarah S. Shepard
Sarah S. Shepard answered on Dec 4, 2020

The general rule in most states is that business entities, such as LLCs, must be represented by a licensed attorney in court. Individuals generally may appear pro se, meaning that they may represent themselves, in court proceedings and lawsuits.

That said, it is best generally best...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Domestic Violence for Texas on
Q: Regarding the (Texas Penal Code § 46.04. Unlawful Possession of Firearm)

Regarding the (Texas Penal Code § 46.04. Unlawful Possession of Firearm)

While reading this law I noticed “ Texas’s firearm prohibition generally does not apply to people convicted of violent assaults against a current or former dating partner, unless the defendant has been married or... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 3, 2020

The quoted text isn't the law. Rather, it is someone's interpretation of the law, and it is incomplete because the law also includes people who are parents of the same child regardless of marriage or dating history.

In addition to Texas law, you need to be 100% certain that you...
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1 Answer | Asked in Employment Law, Personal Injury and Civil Rights for California on
Q: Need Help With PI/Employment Pleading Deadline to File is Dec 10, 2020

I would be representing myself Pro Se in court for an employment/personal injury related matter because an attorney dropped my case middle of last month telling me that due to covid, his law firm does not have the capacity to take on my case. I have drafted a pleading to protect the limitation... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 3, 2020

Unfortunately you are not going to find an attorney to volunteer to do this work. Too much liability can attach once an attorney gets so involved.

Financial constraints should not be a problem. Attorneys who do PI and employment law work on a contingency fee basis, meaning you do not pay...
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1 Answer | Asked in Contracts, Civil Rights and Constitutional Law for Maryland on
Q: I need to obtain a form to present that will display my exemption from the vaccine. It will present grave consequence

Due to my genetic make up it will mean sure death as an Aboriginal American I have no need for the vaccine. As well as I have even stronger religious belief against it please help!

Mark Oakley
Mark Oakley answered on Dec 3, 2020

There is no law that requires any person to be vaccinated. It is a matter of free choice. Private and government employers may, however, impose a condition of employment that may require vaccination. If your employer has imposed such a requirement, then you should inquire as to whether they have... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for California on
Q: Judge made rulings against petitioner, and intentionally violated constitutional rights of petitioner. I need attorney

Judge evicted petitioner from family residence, deprived petitioner assets. Judge violated 14 Amendment of USC . Nobody brought complaint to court about petitioner. Case is very clear. Violation of constitutional rights is very clear too. I need attorney who take this case under section 1983.... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 2, 2020

You need to post this to Texas lawyers. California licensed attorneys are not generally licensed to practice law in the state of Texas. You posted this to California lawyers, not to Texas lawyers. You should re-post this to Texas lawyers instead.

3 Answers | Asked in Employment Law, Personal Injury and Civil Rights for California on
Q: Must I attach exhibits when filing a pleading in California court?
William John Light
William John Light answered on Dec 2, 2020

If it's an exhibit, that means that some pleading refers to it for some evidentiary purpose. If you don't attach it - to the pleading, declararation, etc., - how will the court see the exhibit to which you are referring?

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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Florida on
Q: I was recently terminated and I am sure it was due to discrimination but was covered up by a probationary termination..
Charles M.  Baron
Charles M. Baron answered on Dec 2, 2020

You did not ask a question, but I assume your question is, "Can I make a claim?". Probationary termination cases are tough, since the employer needs no reason whatsoever to terminate, but at the same time, the your race, sex, age, national origin, etc. cannot legally be the reason for... Read more »

1 Answer | Asked in Business Law, Civil Rights, Construction Law and Employment Discrimination for Florida on
Q: I'm being told that i can not work in a community because a HOA board member doesn't like me.
Tim Akpinar
Tim Akpinar answered on Dec 2, 2020

A Florida attorney could advise best, but your post remains open for four weeks. As a general premise in any type of discrimination matter, one usually needs to demonstrate violation of rights as a protected class. There aren't a lot of details to go by here, but based on these brief facts, it... Read more »

1 Answer | Asked in Civil Rights for Arkansas on
Q: Why is it so difficult to find an attorney who practices Police Misconduct area?

I have been hunting one down for well over a year now and can't seem to find anyone who wants to get involved. I am disabled and was involved in a 1 car MVA (hubby was driving)out of my State, SOL expires 12/23/20. Trooper is in audio and video as last person in possession of my medical... Read more »

W. Whitfield Hyman
W. Whitfield Hyman answered on Dec 1, 2020

In order to sue a police officer you have to usually prove that somebody has successfully sued over an extremely similar issue in the past. Which is difficult because it means the first person to sue over a unique issue will usually not recover any money.

Did this happen in Arkansas or Oklahoma?

4 Answers | Asked in Criminal Law, Civil Rights and Family Law for New Jersey on
Q: What do I do if it's my second time being falsely accused of domestic violence and I feel like I was discriminated

This time when I went to pick my child's from his house he dragged me out slashed my tires broke my phone in front of the kids

Leonard R. Boyer
Leonard R. Boyer answered on Dec 1, 2020

You really need to retain an experienced matrimonial attorney to obtain a Final Domestic Violence Restraining Order against him and contact the municipal prosecutor to file criminal charges against him. During this pandemic, you have a choice of either seeing your attorney in person or by way of a... Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for Indiana on
Q: Cops entered private property no warrant search, cuff then place me under arrest. That a violation of 4th Amendment

Illegal search and seizure no warrant private property, did they violate my 4th amendment?

Sean Maye
Sean Maye answered on Nov 30, 2020

The 4th Amendment search warrant requirement is very complicated and there are several exceptions to the rule unfortunately. The answer to your question is yes, the police cannot come into your home and search it without a warrant or good-faith belief that a valid exception to the warrant... Read more »

1 Answer | Asked in Contracts, Civil Rights and Landlord - Tenant for Virginia on
Q: Hello. My husband Verbally told me and the landlord,last week, that he is moving out next month.

The term is from 12/12/2019 to 12/31/2020. First months rent was prorated since we moved in mid month. He also verbally told the landlord last week that he is moving out on 12/11. Per our lease, he does have to pay his portion of rent for the entire month of December, correct? And is he required to... Read more »

F. Paul Maloof
F. Paul Maloof answered on Nov 30, 2020

In Virginia, the terms and conditions of the written lease will control whether your husband has the right to terminate the lease based on an oral notification to the landlord. Also, the terms and the conditions of the lease will control who has the rights to the return of the security deposit.

1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Indiana on
Q: At a traffic stop, are police allowed to search my purse without my consent/prob cause?

I gave consent to search my vehicle but they just took my purse from me as I was stepping outta my car & without asking or anything, proceeded to search it, which led to a drug charge. But I feel as if they violated my rights.

Andrew L. Bennett
Andrew L. Bennett answered on Nov 30, 2020

If they did not have probable cause to search the vehicle or your purse, but you gave consent to search the car, there may be an issue with consent to search your purse. Contact a local defense attorney to discuss the case in more detail.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Civil Rights for Colorado on
Q: What if somebody makes up lies that my child's life is in danger to be granted emergency guardianship to my child.

The lies were proven in court and judge told her to return the child and she did not. She hid my child causing her to not be able to attend school, I thought my child might be dead. At contempt hearing the judge said there was not an order even though I have a recording of him saying it and last... Read more »

Sean Maye
Sean Maye answered on Nov 30, 2020

First off, I am so sorry you're experiencing this.

Now, unfortunately, what you've written here is a bit confusing and inconsistent. On one hand, you're saying that there was a formal contempt order from the court, but on the other hand you're saying the same judge...
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1 Answer | Asked in Criminal Law and Civil Rights for Colorado on
Q: Wondering about colorado's stance on "antique firearms" and if an adult under 21 can purchase an "antique" revolver.

Wondering if its legal to obtain, and carry, at 18 or under 21 considering, antique firearms are not recognized as actual firearms on the federal level. Want to make sure this is the case in CO as well as I can't find any laws excluding or including such firearms in colorado law.

Sean Maye
Sean Maye answered on Nov 30, 2020

The answer to your question is: it depends. It depends on what "antique" gun means. Someone would need more information as to the style and structure of the gun to see if it meets the legal definition requirements for a "handgun." In Colorado, any person under age 18 may not... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for Georgia on
Q: Can you get arrested for impede traffic for being parked @ someone you know house
Joshua Schiffer
Joshua Schiffer answered on Nov 30, 2020

The answer to the "can they" question is almost always "yes." Wrongful and rightful arrests happen every day.

Whether the officer's actions are legal when they are reviewed is a totally different issue. Officers violate their duties and the law regularly, and it...
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1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: Can I carry a Stinger Tactical whip (or a whip of any kind) in New York State for self defense?

I have no criminal record, and I am a staff sergeant in the Air Force with a CCW permit from Minot, North Dakota. When I go home on military leave, I live near Buffalo NY.

Peter Wade Kolp
Peter Wade Kolp answered on Nov 29, 2020

I dont see any explicit ban on stinger whips. Nor do i see a license permit to carry one. You may want to consult an attorney before carrying. But keep in mind a bat, certain kitchen knives or an ax may not be illegal but if used illegally... also does the opposite end the stinger have an electric... Read more »

1 Answer | Asked in Agricultural Law, Civil Rights and Environmental for Illinois on
Q: My neighbor waits until dark to burn excavation site junk. Makes breathing hard. Is this illegal? Can we stop him?

He burns demolished houses, tires, and anything that will burn. The smoke cloud is immense, and always blows all over the neighborhood. I can't breathe inside my own home.

Robert D. Kreisman
Robert D. Kreisman answered on Nov 29, 2020

My suggestion would be to contact your local alderman (if you live in the City of Chicago) or your local municipal government. I would be fairly sure that what your neighbor is doing, burning material putting off noxious odors, is in violation of local, municipal, and state law.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: Is a court appointed lawyer just as good as a paid one

My so cruzs primary parent was his dad I have visitation rights nd all that I .I had bad issues with the law and depression. I have been maintaining well now for a long time.i moved to N.C. to have a better life i was going to fight for custody as soon as I had good time without trouble or drug use... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 27, 2020

A Texas attorney could answer best, but your question remains open for two weeks. The short answer to your question is "yes." I know lawyers in the public sector who are exceptionally skillful advocates, bright, hardworking, and dedicated to their clients' interests. They would... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: What should I do?? the police have charged me and I been victim both times and I called the police. Can I sue

I've went to police for help they sent me a ticket in mail I'll explain. First time I pulled in gas station got gas went in. On way out gas station buddy was acting a fool so I said screw him and sat in my car and all a sudden my door got ripped open and dude started punching me and in... Read more »

William Bailey
William Bailey answered on Nov 27, 2020

Your priority should be contesting the criminal charges. Then you can think about a lawsuit, but you should be aware it is often very difficult to successfully sue a government entity.

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