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District of Columbia Questions & Answers
1 Answer | Asked in Personal Injury for District of Columbia on
Q: what do I do when my attorney says he wants to withdraw as counsel
Tim Akpinar
Tim Akpinar answered on Jan 24, 2022

A District of Columbia attorney could advise best, but your question remains open for two weeks. As a general rule, attorneys do withdraw from representation, and clients do discharge attorneys. There are settings where court approval can sometimes be required. If you seek new counsel, make it... Read more »

2 Answers | Asked in Immigration Law for District of Columbia on
Q: Hi! I have a student status in US and a full time student. I plan on visiting my aunt and cousins in Canada this summer

However I am scared to leave since I do not have a visa. Is it a good decision to apply for a visa at the Embassy of US in Canada? Thank you so much!

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Jan 6, 2022

I would not depart the U.S. without first discussing your obvious prospects of getting stuck abroad.

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1 Answer | Asked in Immigration Law for District of Columbia on
Q: Green card

My green card expires at February 28 but I have already applied US Citizenship. I’m visiting my country in February 10. But I am coming back at February 22. Will there be any problem? Or Is it possible to extend my green card? If it’s possible then how can I extend my green card?

Samuil Buschkin
Samuil Buschkin answered on Dec 25, 2021

If you have a foreign passport , get a i551 stamp. otherwise, you may have problems reentering on an expired green-card (not proof of status). you will be at CBP's discretion and may have to pay a steep reentry fee. it's a risk, if you cannot avoid taking the trip.

1 Answer | Asked in Employment Law for District of Columbia on
Q: My boss wasn’t paying me minimum wage and is making me pay for mistakes and calling me homophobic Slurs

So I got a job at a small pizza place in DC and my first two paychecks were just hand written checks without any paystub or details of my pay. I was being paid only $12 and making maybe 3-15 in tips a night and no benefits. I made an error that resulted in us having to make two pizzas and was... Read more »

Matthew T. Famiglietti
Matthew T. Famiglietti answered on Dec 22, 2021

First of all, if you believe that you are being retaliated against and threatened because you may file a compliant you need to consult with a qualified employment discrimination attorney licensed in the District of Columbia. You also need to clarify the alleged homophobic slurs made by your... Read more »

1 Answer | Asked in Trademark for District of Columbia on
Q: "be kind" is trademarked for hoodies. Could I use this trademark in a phrase. For example, "choosing to be kind".

and put it on a hoodie for sale?

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 15, 2021

No

Consult with an attorney before doing anything

2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for District of Columbia on
Q: Hello, I am a landlord in Washington DC and need advice on how to deal with my HOA and my tenant.

My tenant is renting via the Housing Choice Voucher Program. Lease started March 1, 2021. He pays rent on time, keeps unit clean and I haven't had any problems. The neighbors have complained about his noise levels and says he has become a nuisance, aggressive and harrassing. Board called a... Read more »

Laurence L. Socci
Laurence L. Socci answered on Dec 6, 2021

I am a DC landlord/tenant lawyer. As long as the tenant is not violating his lease, you cannot evict him. The evidence you discuss is not sufficient to warrant eviction. As to whether or not they can fine you, that depends on what is in any agreement you have with the Board. You will likely have... Read more »

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2 Answers | Asked in Copyright and Intellectual Property for District of Columbia on
Q: If I wanted to protect a product line concept - a series of food themed t shirts for example - what are my best options?

My concern is that once they hit the market the concept could be easily reproduced

Robert Kost
Robert Kost answered on Dec 6, 2021

Your concern is well-founded. There's no protecting the idea of food themed tee shirts or any other kinds of articles.

On the other hand, specific designs or renderings of food pictures may indeed be protect-able. And, you may want to consider giving the shirts a name that could be...
Read more »

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1 Answer | Asked in Real Estate Law for District of Columbia on
Q: I would like to know if I have a legal case to sue the seller and her agent for misrepresentation.

I bought a house in April of this year. The owner’s disclosure paperwork did not include that there were some cracks on the living room floor or one of the walls. The home inspector did not see them because there was a rug and furniture covering the cracks and a big vase with flowers arrangements... Read more »

Richard Sternberg
Richard Sternberg answered on Nov 9, 2021

You may have both a latent defect and a misrepresentation cause of action if the defect was latent and the seller knew and lied in the disclosure. The case may involve attorneys fees and treble damages.

1 Answer | Asked in Employment Discrimination and Employment Law for District of Columbia on
Q: Can my employer dictate where I live as a term of employment?

I work for a non-profit in DC. They are changing my position to be full-time telework, but I have to be available to come into the office now and then. That part is all OK with me, but in addition, they have provided a map of the counties in the area where I am allowed to live. They have threatened... Read more »

Carrie Dyer
Carrie Dyer answered on Oct 27, 2021

There is no law that prohibits an employer from requiring employees to live within a certain radius of the office. You need to provide truthful information about your residence.

1 Answer | Asked in Appeals / Appellate Law and Health Care Law for District of Columbia on
Q: Need support for ADA case for not passing Optometry boards (several times) because of learning disability.

We are preparing documentation and looking for legal counsel to support us. We have documentation from a Educational Psychologist, test results, employer recommendations, history of learning disability, test scores, analysis of test scores, etc. Is there a firm or legal counsel that can help us... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 26, 2021

An attorney in the D.C. area would be able to advise best, but your question remains open for four weeks. At this point, you could check with the D.C. Bar if their resources for the public might be helpful in terms of attorney recommendations or referrals. Good luck

Tim Akpinar

Q: "fair use" Example: I make a cake to sell and hand draw an NFL logo on it. Can I post a picture on instagram?

I am trying to understand fair use and social media. If I were to make an edible product and hand create in icing an image of a trademark such as an NFL logo, video game character, or other trademarked image can I put the image of my final product on instagram? I am not selling the exact edible... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Oct 6, 2021

No. You shouldn't do that. It would be difficult to argue that what you are describing is fair use.

Some people selling trademarked products do not get caught, say, when they sell their products at a neighborhood picnic, but NFL has lots of people making sure that their trademarks...
Read more »

1 Answer | Asked in Employment Law and Civil Rights for District of Columbia on
Q: If an employer "requests" that you complete a dd3150, are you legally obligated to complete and submit that form?

The form specifically states: "While the information requested on this form is intended to be used primarily for internal purposes, in certain circumstances it may be necessary to disclose this information externally. And 85 Fed. Reg. 17047 states that "Providing this information is... Read more »

Matthew T. Famiglietti
Matthew T. Famiglietti answered on Oct 4, 2021

You do not have to sign the form. However, by not signing the form you can expect to be treated as not having been fully vaccinated. The policy is not discriminatory on its face if it is equally applied to everyone regardless of sex, race, national origin, religion or disability. It does not seem,... Read more »

1 Answer | Asked in Gov & Administrative Law for District of Columbia on
Q: IF DEFENDANT DOES NOT FILE AN ANSWER/APPEARANCE IN A FEDERAL SUIT AFTER 30DAYS, CAN PLAINTIFF FILE FOR RULING/STATUE?

WHAT IS THE FEDERAL RULES AND PROCEDURE ON FILING FOR RULING ON DEFENDANTS FAILING TO RESPOND?

Mark Oakley
Mark Oakley answered on Sep 12, 2021

Rule 55 Motion for Default for failure to plead or answer the complaint after proper service of process. Be aware that you may succeed in having default judgment entered on issues of liability, but damages will still have to be proven. Furthermore, defaults for failure to timey file a respnsive... Read more »

1 Answer | Asked in Criminal Law for District of Columbia on
Q: Can I press charges on someone who sent a zoom court call recording to another person who wasn’t involved in the case?

zoom court hearing recording was sent to someone who wasn’t the party involved. The recording was sent to me by someone who wasn’t involved and was sent to them by the person who was involved in the case.

Mark Oakley
Mark Oakley answered on Sep 12, 2021

It seems to me, the appropriate party to complain to is the court itself, since the offense, if any, was a violation of court rules established to protect the court process. You (or your lawyer) should provide the evidence of the improper party's involvement in the hearing and recording of it... Read more »

2 Answers | Asked in Personal Injury for District of Columbia on
Q: Hello, if someone living in another country commits a crime against me, can I sue them?

the crime wasn't considered so in their country, but breaks most laws in other places. Can I sue them in EU countries, UK or USA?

Mark Oakley
Mark Oakley answered on Sep 12, 2021

You posted this as a personal injury question, and appear to be looking to sue based on conduct that would be a crime here if committed here, but the conduct was committed in a foreign country where it is not a crime. Not all crimes give rise to a civil cause of action. Criminal prosecution can... Read more »

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2 Answers | Asked in Probate and Real Estate Law for District of Columbia on
Q: My mother passed and she left a Will. My sister and I are beneficiaries. Do we need to file large estate probate to sell
Richard Sternberg
Richard Sternberg answered on Sep 6, 2021

Query: My mother passed and she left a Will. My sister and I are beneficiaries. Do we need to file large estate probate to sell?

Yes. In the District of Columbia, title passes on death to the estate, so the easiest way to confer title is by opening a. ADM private estate. There is a cute...
Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for District of Columbia on
Q: Can I evict holdover tenants in DC without waiting for 60 days after the moratorium?

My tenants are now considered holdover tenants and I want possession of property because I don’t want to rent any more and there are certain time lines for evictions in DC.

My understanding is 30 days wait/ 30 days notice to quit then eviction.

Richard Sternberg
Richard Sternberg answered on Jul 27, 2021

Your understanding is incorrect. You are not at the same kind of risk if you give proper 30-day notice and then file suit. That will merely be dismissed. But, if you attempt self-help, you are at grave risk. Buy a consult with a lawyer. For starters, it's a 90-day notice. Next, if the property... Read more »

1 Answer | Asked in Landlord - Tenant for District of Columbia on
Q: Holdover tenant eviction process after DC moratorium?

I have disgruntle non-communicating holdover tenants with only one name is on the non-renewal lease. I am not accepting any more rent and would like for them to leave. Do I still need to wait the 60 days after the moratorium ends to file. I don’t intend ever to use property for rental again. The... Read more »

Steven Krieger
Steven Krieger answered on Jul 25, 2021

Take the rent money. You still need to wait after the moratorium. Holding over is not a valid basis to evict in DC, but you can evict if you plan to use the property for personal use. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

1 Answer | Asked in Landlord - Tenant for District of Columbia on
Q: Do I need to wait until moratorium ends on July 26 to file for eviction of holdover tenants?

The DC gov. have had 2 extensions on moratoriums and I have notified my tenant twice in writing to vacate at end of lease on July 1,2021

Steven Krieger
Steven Krieger answered on Jul 19, 2021

Yes. If you try to provide notice or file with the court before the moratorium ends, the court will either reject the filing now or reject it later. I'm sure anyone who responds would be happy to help if you decide to hire a lawyer. Good luck.

1 Answer | Asked in Gov & Administrative Law, Libel & Slander and Personal Injury for District of Columbia on
Q: What state jurisdiction does revenge porn fall in if posted about American Citizen but in Mexico.

I had a fling for a couple of months in Mexico. I am an American living in DC and he is a Canadian. We fooled around and filmed it, I don't have a copy of the video. I noticed he posted it on his Only Fans without my explicit consent. He did crop my face out of the video and blur out both my... Read more »

Mark Oakley
Mark Oakley answered on Apr 17, 2021

The video appears to have been consensually made, so in most jurisdiction the mere creation of the video would not be a crime. You would need to ask a lawyer in Mexico whether that country prohibits the making of sexually explicit videos when both parties consent. Otherwise, it would not be... Read more »

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