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someone who wants to appeal their case claiming their previous legal aid barely tried. how can you possible prove this in the appellate court??? is it a rare win?? what are good points!?
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answered on Jul 12, 2024
Appealing a case on the grounds of ineffective assistance of counsel can be challenging but not impossible. It often requires a thorough understanding of the legal standards and substantial evidence to support the claim. Here’s a detailed approach to proving ineffective assistance of counsel in... View More 
I work as a freelance drafter. I have been working on a project that had an original scope of providing services for a new build. Our schedule slipped a week or so from agreed date, but was ready to submit completed work. I found out that the steel fabricator was unable to provide drafting for a... View More
answered on Jul 11, 2024
Depending on a detailed analysis of the communications and facts in your case, you may have a claim for promissory estoppel against the client. These claims come into play where there may not be a legally enforceable contract but you have detrimentally relied on the client's promises and... View More
meds and sent me on my way about a month later through horrible pain I find out i have a broken neck. Do i have a case for the pain and suffering for the time in between I went in to the time i had sugery
answered on Jul 9, 2024
I'm very sorry for your injury and the ordeal it has caused you. Yes, it's possible you might have a case - but attorneys would probably want to review the matter in further detail before advising definitively. It could depend on the symptoms you presented with, statements you made during... View More
meds and sent me on my way about a month later through horrible pain I find out i have a broken neck. Do i have a case for the pain and suffering for the time in between I went in to the time i had sugery
answered on Jul 9, 2024
Sorry to hear what you went through. In any malpractice case, you need to demonstrate 1) a departure from the standard of care; and 2) harm or injury caused by the departure. Even assuming that the hospital departed from the standard of care in not ordering x-rays of your neck, you'd still... View More
Should i you I get paid of that value I was paying for that amount the insurance claim is only paying $20,000 for the truck & $6686 for the trailer for the loss of my equipment.
answered on Jul 9, 2024
It could depend on the terms of the policy, whether you have an ACV (actual cash value) policy, (RCV) replacement cost value policy, or other arrangement. Review the paperwork that accompanies the proposed payment figures, including whether there are options for appeal, litigation, or arbitration -... View More
I have been harassed and tortured me and my wife by my previous neighbor and I know his name as well
answered on Jul 8, 2024
There have been a small number of lawsuits filed by litigants alleging "remote neurological monitoring" which have been universally dismissed on various grounds. In many cases, litigants are unable to prove that they are a victim of "remote neurological monitoring" or that... View More
It started about 3 weeks ago. They call once a day every day except weekends and holidays. I've been noting the phone numbers since it's almost always a different number, but most begin with 800. I looked up the numbers online and it indicates the same company. Further research gives... View More
answered on Jul 8, 2024
You should not answer these calls. Instead you should note the times and dates of the prior calls, and the numbers (this can usually be downloaded on your phone bill) and have an attorney prepare a cease and desist letter. If collection attempts continue after that, you may have a claim for money... View More
Rent cashed by property management July 1
Saw my case 1st day July 25
answered on Jul 8, 2024
If the landlord accepted a rent check after serving you a notice of termination, the case probably must be dismissed. However I cannot determine what is actually going on without reviewing the documents in your case. You also can be defeated through procedural defects in your motion to dismiss. Be... View More
My current contract is for a tutor as an employee. In my current contract, these are the only two provisions related to client payment and referrals:
Tutor agrees to accept no direct payment from clients (current and past) introduced by (company name) . All payments from clients will be... View More
answered on Jul 8, 2024
At the threshold, interpretation of contracts and their associated non-compete clauses requires a detailed analysis of the document, focusing on its language, its intended purposes, and its compliance with background law and public policy. It is really not possible to advise on the effect of a... View More
Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More
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answered on Jul 8, 2024
My initial answer is that local police do not have the power (lack of jurisdiction) to arrest you for this, but there are complexities in the law. Here is my attempt to explain them.
The ability of local police to arrest someone for an alleged crime like assault that occurred on Native... View More
Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More
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answered on Jul 21, 2024
Yes, you can be arrested by local law enforcement even if an altercation happens on Native American owned land. Tribal land has a unique legal status, and the jurisdiction can be complex, involving tribal, federal, and sometimes state laws. However, local law enforcement often has agreements with... View More
What should I do if I got 2 tickets, one being “speed not reasonable and prudent” but the speed was not listed on the ticket, and the other “moved from lane unsafely”. I double yellowed a car going a little below the speed limit and just as I did, a cop was a little ahead and saw me do... View More
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answered on Jul 8, 2024
If there is a way to plead not guilty online then I would do that and click on “request a hearing”. Many jurisdictions will simply give you an offer at that point and you can resolve the ticket for less. If not, go to the hearing and explain yourself (often times they have a court clerk to... View More
I told them my mailing address, but somehow it got misspelled. The PO doesn't recognize it, so can't deliver. By the time I realized this, I was placed in collection.
answered on Jul 8, 2024
There are many court rules, statutes and procedural safeguards that apply to protect patients in medical collections. But if you are not familiar with them, it’s unlikely you will beat a medical provider represented by experienced counsel. Regarding the wrong address, that is an issue that should... View More
I told them my mailing address, but somehow it got misspelled. The PO doesn't recognize it, so can't deliver. By the time I realized this, I was placed in collection.
answered on Jul 7, 2024
A collection attorney could advise best, but you posted last week. It could depend on what "somehow got misspelled" means. If it means you gave clear written instructions with your address properly spelled, then you're in the right. If you and the office are blaming one another for... View More
Hello. I came to U.S. on a tourist visa. I was allowed to stay legally in U.S. for 6 months. I quit a job that I had regarding my birth country while I was in U.S. I had a marriage license in U.S. during a part towards the end of those 6 months and about one month and some days during overstay. We... View More
answered on Jul 7, 2024
A US Citizen can sponsor an immigrant after marriage for his green card despite your overstay, provided you entered the US with permission which you did. If you are an overstay and don’t get married and then exit the US, you may be subject to a 3 or 10 year bar depending on the length of your... View More
answered on Jul 7, 2024
If you marry a US Citizen outside the US, you can return to the US and file a spousal petition where your wife would process at the US Consulate in her country. The process involves filing multiple forms and documents and processing speed could last anywhere from 6 months to 18 months.
Gave first year rent as down payment. Now wants 50k and when refused won't let me move in or give back down payment till he sells the house.
answered on Jul 8, 2024
You may have a case against this landlord for fraud and/or unjust enrichment. You will need a detailed analysis of the agreements you signed as well as your communications with landlord to evaluate your legal rights.
Hello, I was taking contaminated gummies and failed pre employment drug test. Please advise, I completed class and evaluation, Coast Guard took my credentials without any notifications.8
answered on Jul 6, 2024
It might be difficult to get guidance on this here - it's a narrow niche, even within the realm of maritime practitioners - most of whom don't work in this sector. There are some attorneys who handle Coast Guard credentialing and licensing issues involving Administrative Law Judges. You... View More
My friend was wondering if traffic tickets are considered bills of attainder. And if not what the difference between a ticket and a bill of attainder actually is
answered on Jul 4, 2024
A traffic ticket defense attorney could have more insight into your question, but it remains open for three weeks. Until you are able to consult with a traffic ticket attorney, I'm not aware of a connection. Bills of attainder, which are banned by the U.S. Constitution (Art. I - "No Bill... View More
Hi i am abroad of U.S my father is in new york city he wants me to go there now he wants to file 130 petition and also he is a green card holder and also wants to applay for citizenship ( want to neutralize) but he didnt give tax for 2 or 3 year( because of some reasons) will this effect on his... View More
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answered on Jul 2, 2024
To address this situation, there are a few key points to consider:
1. Tax obligations:
Not filing taxes for 2-3 years could potentially affect your father's naturalization application. When applying for citizenship, USCIS (U.S. Citizenship and Immigration Services) looks at... View More
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