About Experts Sitemap - Group 33 - Page 2 2014-10-28

Legal Ethics: can i be held responsible for underage drinking in my home?, underage individuals, strict guidelines
underage individuals, strict guidelines, 3 friends: Mary B, The simple answer to your question is probably yes. It depends on your jurisdiction but you may be held criminally liable as well as civilly liable. It may meet the requirements for aiding with the delinquency of an underage individual and you...

Legal Ethics: Job Application Ethics, e mail address, address phone number
e mail address, address phone number, prevention office: James, You are not just being a prude about this situation. Your manager is committing a fraud on the company and it sounds as if some of the corporate people are complicit. I would make sure you keep a copy of all complaints you made or make. Make...

Legal Ethics: attorney lying to me, actual damages, pain and suffering
actual damages, pain and suffering, astate: Elizabeth, It depends on the state law if it is in the United States. Usually, a claim for pain and suffering dies when the claimant dies, however, the claim for actual damages (medical expenses, lost wages) may survive the death. The damages would usually...

Legal Ethics: Estate Administrators, breach of fiduciary duty
breach of fiduciary duty: From an ethics standpoint, such a violation would most likely be a breach of fiduciary responsibility to the estate and beneficiaries. A lawyer may have additional ethical responsibilities by virtue of the professional licensure. Paul D. Friedman, M.A.,...

Legal Ethics: Honorable, honorable judge, different languages
honorable judge, different languages, pleadings: Generally in the United States one addresses a judge as Your Honor or Judge . Pleadings generally refer to the judge as The Honorable ___ . I do not know the customs of other countries regarding this issue. Paul D. Friedman, M.A., Ph.D., J.D...

Legal Ethics: can you help me, lisence, injunction
lisence, injunction, friedman: It is unethical and against the law to practice law without a license. I suggest you contact the State Bar so they can impose an injunction and look at imposing penalties or criminal action against these individuals. Paul D. Friedman, M.A., Ph.D., J.D...

Legal Ethics: legal ethics re billing, fiduciary duty, attorney billing
fiduciary duty, attorney billing: Bob, It may depend on your State s Code of Ethics and/or laws, however, an attorney has a fiduciary duty to the client which is: 1) Care; 2) Obedience; 3) Loyalty; 4) Accounting; and 5) Notice. Accounting is part of the responsibility and the attorney...

Legal Ethics: Quick Question, nevada attorney general, jiffy lube
nevada attorney general, jiffy lube, better business bureau: Skyler, I suggest you contact the Better Business Bureau. I also suggest you contact Jiffy Lube s corporate offices. If those don t work, you may wish to contact the Nevada Attorney General s Office, Consumer Fraud Division. Very truly yours, Paul...

Legal Ethics: Resume, latin honors, graduate level
latin honors, graduate level, cum laude: Mark, I suggest you let your employer know exactly what you wrote. My Master s program also did not give Latin Honors and I am quite certain the employer will not care and will believe you to be honest and forthright. I wish you the best of luck with...

Legal Ethics: Car accident, breach of contract, edge of the road
breach of contract, edge of the road, steering wheel: Judy, It depends on her age and your state laws. If she was over 18 when she signed the agreement, she can be sued for breach of contract. In some states you can sue her parents for her negligence if she was under 18. It sounds like a very fair agreement....

Legal Ethics: Defamation of character, defamation of character, dr friedman
defamation of character, dr friedman, legitimate claim: Aaron, You can sue anyone for anything but I think you are really asking if you have a legitimate claim. If this person knows the statements are false and you can prove it is hurting your chances, you may have a claim. The company is not liable unless...

Legal Ethics: ethics, and the selling of life insurance, life insurance agent, life insurance company
life insurance agent, life insurance company, aids hiv: Susan, I do not give legal advice over the internet nor do I know where you live. Generally, it is not ethical to deceive an insured and it is generally unethical to receive authorization for one type of test and conduct another. To determine the laws...

Legal Ethics: iresponsible lawyer, exhusband, friday evening
exhusband, friday evening, sexual assault: Sharon, I suggest strongly that you appear. I also suggest you let the Court know that your attorney did not let you know about the Hearing and will not return phone calls. Then, I suggest you file a complaint with your state Bar. Failure to communicate...

Legal Ethics: Medical Ethics Question, chronic back and neck pain, civil trial cases
chronic back and neck pain, civil trial cases, back and neck pain: Kasey, I cannot provide you with legal advice. As a matter of general principle, it appears from the facts that the surgeon did not do anything wrong and it seems fair that he be compensated for his time from both surgeries. You may wish to contact an...

Legal Ethics: prosecutorial ethics, faith reason, mistaken belief
faith reason, mistaken belief, interested observer: Judi, I would assume the jurisdiction has something resembling a good faith provision that the prosecutor exercised reasonable judgment and determined upon reasonable investigation that a matter be prosecuted. If the prosecutor believed the statute expired...

Legal Ethics: Complete POA, court intervention, medical decisions
court intervention, medical decisions, general power of attorney: Shana, I do not give legal advice over the internet and am not licensed in Florida so it would not be legal or ethical to give you legal advice. In general, guardianships generally require Court intervention. You may be able to accomplish a change in...

Legal Ethics: Dating a client, romantic relationship, work context
romantic relationship, work context, project thanks: Beth, It depends on the policies and procedures of your company. You know this person from outside of the work context so there is nothing unethical about the relationship unless it is against your company s policies. It is probably more prudent to...

Legal Ethics: ethics, proper language, code of ethics
proper language, code of ethics, standard of professionalism: Every state and the American Bar Association has a code of ethics. Each code contains an ethical standard, including truth-telling to the Court. Also, each state has a standard of professionalism which includes using proper language. The judge has the discretion...

Legal Ethics: follow up, client confidentiality, sorry andy
client confidentiality, sorry andy, best interest: Andy, No problem. I am sorry I was not clear. The attorney is your daughter s attorney who represents her interests through her guardian. Your daughter is not of age to sign a contract so the contract for professional services is signed through the...

Legal Ethics: Wills and Probate, wills and probate, probate attorney
wills and probate, probate attorney, ethical violation: Pat, The facts you state are really problematic. In most, if not all, jurisdictions an attorney is precluded from drafting a will which provides benefit for the attorney as a beneficiary. As the Executor, he has a responsibility to provide the beneficiaries...

Legal Ethics: Custody Case, exboyfriend, full custody
exboyfriend, full custody, custody case: Veronica, It is not unethical for a family member to represent another member of the family. Although, it is ill-advised since the attorney may lack objectivity. It is also ill-advised because it may be detrimental in this situation regarding your desire...

Legal Ethics: moral character admission to NY BAr, application worker, bar application
application worker, bar application, term job: I suggest your friend be honest and complete with the bar application. Worker ina cabaret is not illegal or immoral. Failing to tell the truth on the application is grounds for denial or revocation. Her income taxes will reflect who she worked for so she...

Legal Ethics: Do I need a will?, probate costs, friedman
probate costs, friedman, proceeds: I suggest you provide a will, however, you could always place your interest in your inherited home into the trust as well so it does not have to go through probate. A will is a good idea to express how you want small items distributed and how you wish to...

Legal Ethics: Refund of Attorney's Fees, friedman, state bar
friedman, state bar: Phil, An attorney must be diligent and protect the client s interests. If the attorney was not diligent, it is certainly fair to request the fees be returned. If the attorney is not willing to do so, you may wish to engage the State Bar. Very truly...

Legal Ethics: Slander/Character Defamation, character defamation, restraining order
character defamation, restraining order, bright future: Enrique, I suggest you speak to school administrators first and then you may wish to get a restraining order preventing her from spreading lies. It is unlikely the authorities will do anything if you do not first have a restraining order. I wish you...

Legal Ethics: http://www.worldlawdirect.com, back ground check, email faxes
back ground check, email faxes, electronic mail: I don t know if these are actual entities, however, they are not listed as companies or lawfirms by Martindale Hubbell which is the largest and most utilized legal directory. Martindale Hubbell s website is http://www.martindale.com/ This may be an organization...

Legal Ethics: legal fees, arbitration provision, legitimate complaint
arbitration provision, legitimate complaint, retainer: Richard, You have a few choices. You could pay the attorney. You could refuse to pay the attorney and force him to file suit against you. You could attempt to negotiate your bill. Finally, you could submit a complaint with the State Bar. Part of...

Legal Ethics: Unable to pay amount owned/bounced check, money asap, breach of contract
money asap, breach of contract, filing for bankruptcy: Ignacio, We do not have debtor s prison. You will be ordered to pay the whole thing. If they wish to execute against the judgment, they would conduct a judgment/debtor s examination and attempt to garnish your wages or go after your bank accounts. If...

Legal Ethics: Attorney sent me papers regarding my settlement, breach of fiduciary duty, postal stamp
breach of fiduciary duty, postal stamp, confidential material: Richard, If you can prove the envelope was not sealed and someone else viewed the confidential material, you may have a claim for breach of fiduciary duty. It depends on the laws in your state. Very truly yours, Paul D. Friedman, M.A., Ph.D., J.D...

Legal Ethics: attorney related to client's fiancee, child custody case, exwife
child custody case, exwife, full custody: Nina, Nothing you stated sounds unethical. A family member can represent another family member or a significant other if both parties chose. It may be problematic for the attorney to have a familial investment which may jeopardize objectivity, however,...

Legal Ethics: Dating Client, divorce attorney, custody battle
divorce attorney, custody battle, legal secretary: Kelly, While it may not technically be unethical, I suggest you speak to the attorney you work with to determine the firm s policy regarding this issue. It is frowned upon for an attorney to have a relationship with the client because of the possibility...

Legal Ethics: Slander?, eeoc, civil lawsuit
eeoc, civil lawsuit, unfair treatment: Julie, The EEOC should investigate the matter. Make sure you go in and amend your claim to allege retaliation including termination. The EEOC will either find cause and/or issue you a right to sue notice in which case you have 90 days to file suit....

Legal Ethics: wrongful death, succession issues, probate judge
succession issues, probate judge, deceased brothers: Donna, It sounds as if the estate was opened and the estate is the party who sued for wrongful death. In most states, a sibling is not a statutory beneficiary under a survival statute to sue independently. Since the estate is the proper party, the estate...

Legal Ethics: Defamation of character?, defamation
defamation: Becca, The issue as to whether it may be defamation depends on the truth of the matter asserted. If your ex-boyfriend is telling the truth then you would not have a case for defamation even if it is unflattering to you. Defamation is: 1) a false statement;...

Legal Ethics: Unauthorized Practice, aba model rules, law school graduate
aba model rules, law school graduate, unauthorized practice of law: Will, Most likely it would not be an unauthorized practice of law to give your opinion to a family member as long as you preface your advice as you have. You may be better served to steer your family member to a licensed attorney. Good luck on your...

Legal Ethics: Amendment to Membership Control Agreement, membership control, legal ethics
membership control, legal ethics, llc members: Cameron, It is a draft until it is signed by enough of the members to become an amendment. The members can sign or refuse to sign and should seek independent counsel. This is especially true if they don t understand the amendment as you describe. ...

Legal Ethics: ?Defamation?, interference with contractual relations, work history
interference with contractual relations, work history, defamation: Angela, I am not licensed to practice law in Iowa and do not give legal advice over the internet. There is not a national law that I am aware of that says that a company can only give limited information, however, businesses utilize this practice so as...

Legal Ethics: Are Contract Administration Consultants Practicing Law?, unauthorized practice of law, aerospace contracts
unauthorized practice of law, aerospace contracts, contracts manager: Gary, Most likely you would be practicing law without a license. Each state has its own code of ethics and all states allow for in-house employee s to provide those types of services on behalf of their employer so that it does not constitute the unauthorized...

Legal Ethics: Are Contract Administration Consultants Practicing Law?, abanet, aba
Legal Ethics: Are Contract Administration Consultants Practicing Law?, abanet, aba, definitions

Legal Ethics: unemployment, deformation of character, governmental agency
deformation of character, governmental agency, third person: Latoya, It depends what your former employer is saying and whether it is true. To be defamatory, the statement must: 1) be false; 2) the maker knows the statement to be false; 3) communicated to a third person; 4) the maker intends the person who it is...

Legal Ethics: Does this child need a Guardian ad Litem, guardian ad litem, legal guardian
guardian ad litem, legal guardian, conservator: Joanne, It depends on your state s laws, however, your granddaughter has a legal guardian who can serve as a conservator. A conservator is obligated to provide an accounting to the Court for minors and individuals who are incompetent. Very truly yours,...

Legal Ethics: ethics, divorce attorney, respondent
divorce attorney, respondent, petitioner: Gary, I am assuming the attorney works for the petitioner in your question. It would be ethical for the petitioner s attorney to speak to the respondent if the respondent is not represented. If the respondent is represented by an attorney, both the attorney...

Legal Ethics: ethics and practicing law w/o license, unauthorized practice of law, paralegal
unauthorized practice of law, paralegal, prior knowledge: Bobbi, It is ethical, although ill-advised, for an attorney to represent his/her paralegal. The attorney may lose objectivity which is a practical problem. If the paralegal is preparing paperwork for another case without the attorney s knowledge or consent...

Legal Ethics: Legal ethics in billing, contingent fee cases, contingent fee agreement
contingent fee cases, contingent fee agreement, licensed clinical social worker: Vickie, It is not ethical to double-bill. You should speak to your attorney and show him that he is billing for time involved in the federal case where he has a contingent fee agreement. I suspect your attorney did not contemplate the issue and may not...

Legal Ethics: Unethical behavior by my financial aid officer, dr friedman, congratulations on your graduation
dr friedman, congratulations on your graduation, fraudulent accounting: Laura, It depends whether you received the benefit. If it is fraudulent accounting, you obviously do not owe the money. However, if it is revision from accounting errors, you most likely owe the money. The analogy is a bank that gives you extra money...

Legal Ethics: waiting for bar results, unauthorized practice of law, friedman
unauthorized practice of law, friedman, jurisdictions: Chris, Unless you are an employee for the company, it sounds like the unauthorized practice of law. In most jurisdictions, non-lawyer employees can act on behalf of their company in a pro se capacity. Gook luck with the upcoming results. Paul D....

Legal Ethics: Criminal record and MySpace / Facebook, months probation, state of connecticut
months probation, state of connecticut, internal database: Paul, It depends how the officer got the information. If he retrieved the information from their internal database which is restricted, he could not legally or ethically pass that information on. If he found it on a public database, it is information...

Legal Ethics: Defamation of character, deformation of character, defamation of character
deformation of character, defamation of character, wits: Ashley, I am not licensed to practice law in New Zealand and can only tell you in general terms what defamation of character involves. Defamation is: 1) a false statement; 2) which the maker knows to be false; 3) published or told to a third person; 4)...

Legal Ethics: dating your lawyer, divorce lawyer, professional relationship
divorce lawyer, professional relationship, romantic relationship: Elizabeth, It is most likely ethical in your jurisdiction for them to be friends and for the attorney to request he help other clients. It may be unethical, depending on your state, to start a romantic relationship depending on the time the professional...

Legal Ethics: Did this father do the right thing, yes or no, international child abduction, hague convention on the civil aspects
international child abduction, hague convention on the civil aspects, international child custody: Family Courts are designed to look after the best interests of the children and the Court Orders are supposed to follow the law to preserve those interests. Pursuant to the Hague Convention, those who have signed the treaty are supposed to be bound by other...

Legal Ethics: Hiring an attorney, national board of trial advocacy, martindale hubble
national board of trial advocacy, martindale hubble, internet type: Gene, There are a few ways. The first is the internet. Type in the attorney s name in quotations in a search engigne and see what appears. The second is the State Bar. The third is Martindale Hubble. It can be found at www.martindale.com The...

Legal Ethics: legal ethics, legal ethics, romantic relationship
legal ethics, romantic relationship, ethical requirements: Elizabeth, It is probably ethical for him to have a relationship with his ex-attorney as long as it is not romantic. It may not be ethical to start a romantic relationship until a specific period of time according to your state s attorney ethical requirements....

Legal Ethics: legal representation, bar complaint, legal wife
bar complaint, legal wife, lack of candor: Nikki, It is not generally a breach of ethics to represent a family member in this type of situation. However, it may be a lack of candor to the court to withhold the fact she was his spouse. Your sister can order the transcript and submit a bar complaint...

Legal Ethics: Notarizing for employer, notary public, company lawyer
notary public, company lawyer, notarizing: Elizabeth, A Notary Public is a person licensed by the State to swear the person who signed the document is that person. There is no conflict of interest for a Notary to attest to any document unless the Notary does not see the person actually sign the...

Legal Ethics: estate fraud, estate fraud, probate court
estate fraud, probate court, friedman: Sally, YOu can contact your state bar or hire an attorney to file suit, or both. You can also file a Motion to Re-Open the estate with the probate court explaining the fraud. I wish you the best. Very truly yours, Paul D. Friedman, M.A., Ph.D.,...

Legal Ethics: estate fraud, contempt of court, estate trustees
Legal Ethics: estate fraud, contempt of court, estate trustees, yahoo ca

Legal Ethics: corrupt landlord/manager, landlord tenant act, harassement
landlord tenant act, harassement, best of luck: Pam, You may be able to sue for fraud. I suggest you contact a local law school or your city to look at your state s landlord tenant act. Generally, a landlord cannot charge for fees not expressed in a lease and not actually accrued. I wish you the...

Legal Ethics: Can my employer call my surgeon for information?, HIPAA, release
HIPAA, release, confidentiality: Mike, I cannot give you a legal opinion because I do not know where you live and may not be licensed to practice in your location. Generally, it is a violation of HIPAA and a number of state s fiduciary laws for a physician to provide confidential information...

Legal Ethics: Jury duty, defendant plaintiff, juror
defendant plaintiff, juror, jury duty: Jacob, A juror can generally give basic information to friends/relatives. Information like whether it is civil/criminal and gender are fine. It is best to be nonspecific and a juror should not indicate anything about the facts of the case until a verdict...

Legal Ethics: Lawyer abuse and withdrawing from case, malpractice action, legal malpractice
malpractice action, legal malpractice, case question: Ricardo, I understand your frustration which is why I suggested you terminate the relationship in our first exchange. I suggest you write him a letter confirming that you and he had an agreement to complete the matter for the fees already paid. You...

Legal Ethics: adding info to previous question, previous question, tax payers
previous question, tax payers, ritalin: Whitney, That does not really change anything. Since you are in Canada, you should contact the Bar Association where you reside if you wish to file the Complaint against the law firm and/or individual attorneys. I wish you the best. Paul D. Friedman,...

Legal Ethics: Ethical Div. Negotiation?, getting a divorce, polygraph
getting a divorce, polygraph, extortion: Lane, An attorney cannot threaten to turn someone in to the police as a negotiation ploy as this would be illegal and unethical. Threatening to do this would amount to extortion which is a crime in every state. Very truly yours, Paul D. Friedman,...

Legal Ethics: Power of Attorney, power of attorney form, power of attorney
Legal Ethics: Power of Attorney, power of attorney form, power of attorney

Legal Ethics: Legalties of Following Someone, invasion of privacy, trespass
invasion of privacy, trespass, legal advice: Terry, I do not give legal advice over the internet, however, you do not need legal advice. It is legal for you to pay a friend to follow your spouse as long as your friend does not commit a crime. Generally, it is not an invasion of privacy to photograph...

Legal Ethics: legal assistant wanting to report her bosses, sexual jokes, doctor appointments
sexual jokes, doctor appointments, right to work state: Whitney, I would think the attorney(s) could lose their license if you can prove fraud in biling. Also, an attorney under the influence cannot ethically represent clients and has a duty to report to the bar as a temporary or permanent loss of competence....

Legal Ethics: Power of Attorney, business in town, power of attorney
business in town, power of attorney, simple answer: Nicole, The simple answer is that he does not have a right to stop his mother from getting loans if he only has a power of attorney. The power of attorney allows him to act on her behalf according to the terms of the document. As long as she is competent,...

Legal Ethics: Client Confidentiality, client confidentiality, ethical advice
client confidentiality, ethical advice, civil trial: Phil, You most likely have an obligation to fully disclose so the judge can ask the juror if any communications occurred and, if so, the extent of the communications and whether it will influence the juror. Very truly yours, Paul D. Friedman, M.A.,...

Legal Ethics: Legal or Ethical, florence nightingale pledge, principle of autonomy
florence nightingale pledge, principle of autonomy, nursing code of ethics: Lori, If the physician has no medical reason to look at the patient s records other than the fact he is a neighbor, it would be unethical for the nurse to give the physician the records. It would also most likely be a violation of hospital policies. ...

Legal Ethics: Is a lawyer who was not retended and who did not have our permission or knowledge actually terminate a contract we had with our G.C.?, lawyer friend, state contractor
lawyer friend, state contractor, s board: I don t know where you live and much of what you are asking is state law specific so I will answer in general terms. Generally, an attorney is an agent for the client who is the principle. It is a factual question as to whether there was an agency created,...

Legal Ethics: Malpractice; Lawyer on business case, constructive fraud
constructive fraud: Jose, Generally, constructive fraud is another term for fraud by a fiduciary. The two elements of constructive fraud are: 1) the tortfeasor was a fiduciary of the victim; and 2) the fiduciary fails to make full and truthful representations of material...

Legal Ethics: Medical power of attorney, medical power of attorney, legal guardianship
medical power of attorney, legal guardianship, tammie: Tammie, In most jurisdictions,the son would have the power to control her affairs, including where she resides, if he files for legal guardianship. I suggest she put in writing what she wishes to happen and who she wishes to become her guardian should...

Legal Ethics: Mishandled Bankruptcy, skeletan, bar complaint
skeletan, bar complaint, e mail: I suggest you meet with him and let him know you are going to tape record the conversation. I would also suggest you bring another person to hear what the attorney has to say. Perhaps the attorney is willing to pay for a new filing and handle the case for...

Legal Ethics: power of attorney, general power of attorney, deposit money
general power of attorney, deposit money, man and wife: Marge, Most likely your son owes the security deposit money. You are his power of attorney but you are not liable for his debt. He is liable for his debt. You have the general power to write checks and act on his behalf but ultimately he is responsible....

Legal Ethics: random question, random question, title vii
random question, title vii, national origin: In most jurisdictions it is legal to deny hiring based on a myriad of factors such as tattoos. It is usually only illegal if it is based on a violation of TITLE VII, ie: sex, national origin, race, etc. Very truly yours, Paul D. Friedman, M.A., Ph.D.,...

Legal Ethics: Demand letters and practicing law, dr friedman, pennsylvania courts
dr friedman, pennsylvania courts, demand letters: Gary, That is an excellent question and one we deal with routinely. You have to make sure you make it clear you are not licensed to practice law in Florida and have been asked by your family member to attempt to resolve the matter. I suggest you let...

Legal Ethics: Question on Counsel, bar complaint, discount thanks
bar complaint, discount thanks, ethical rules: Robert, Each state has its own ethical rules and each state has ethical rules that state an attorney should be diligent and communicate with the client. You can terminate representation and/or submit a bar complaint against your counsel. If you submit...

Legal Ethics: small claims court, small claims court, oral agreement
small claims court, oral agreement, invitee: Nat, Without giving you legal advice since I am not licensed to practice law or real estate in Oklahoma, generally it is a month-to-month lease without a written contract. You can sue for damages with a month-to-month lease. In fact, if she was just an...

Legal Ethics: voter fraud.., becoming an american citizen, illegal aliens
becoming an american citizen, illegal aliens, voter fraud: Perry, Every state has its own laws regarding what form of identification is necessary. All states have registration requirements to be able to vote in an election. If someone is not registered in advance of the election, they will not be allowed to...

Legal Ethics: attorny client privilige, attorney client privilege, california case law
attorney client privilege, california case law, rules of professional conduct: David, I got you and you were very clear, however, I missed it the first time around. Still, what the attorney is doing is absolutely correct. He is serving you in two different capacities because you hold two hats as both the trustee and beneficiary....

Legal Ethics: Medical Ethics Complaint, maryland board of physicians, medical ethics
maryland board of physicians, medical ethics, state of maryland: Randy, You do not have to be the client to file a complaint against a physician in Maryland. The form can be found at http://www.mbp.state.md.us/forms/complain.pdf It is obviously better for the patient to fill out the form, however, the Maryland...

Legal Ethics: medical ethics, doctors office, medical ethics
doctors office, medical ethics, nurse practitioner: The doctor s actions were unethical and a violation of the AMA code of ethics. His actions probably did not amount to malpractice because there were no damages as a result of his rude outbursts. I am sorry you had to encounter such an uncaring and disrespectful...

Legal Ethics: Attorney Retainer Fees, attorney retainer fees, retainer fee
attorney retainer fees, retainer fee, estate economy: Natasha, I don t know where you live, however, those retainers do not sound outrageous. Of course, you can attempt to negotiate those amounts or determine that the work will justify those amounts if the retainers are not refundable. You can also negotiate...

Legal Ethics: Defamation of Character, defamation
defamation: Shauna, If your question is whether your son has a claim for defamation of character, he may. Your son needs to prove: 1) she is making statements about your son; 2) knowing them to be false; 3) to third persons; 4) with the intent to harm his reputation;...

Legal Ethics: motion to reduce sentence, legal situation, union membership
Legal Ethics: motion to reduce sentence, legal situation, union membership, membership fee

Legal Ethics: motion to reduce sentence, cease and desist order, friedman
cease and desist order, friedman, lawyer: Kim, In the United States, you cannot practice law without a license. You must be a member of the bar to file a Motion on behalf of another person. If you file a Motion on behalf of your son, it will be referred to the State Bar and you will likely receive...

Legal Ethics: can partners in a law frim represent sister in laws in a divorce, conflict of interest, sister in law
conflict of interest, sister in law, waivers: Cheryl, I think the firm is telling you that if you sign the waiver and a conflict later occurs, they cannot represent either one of you. You are correct that they cannot force you to sign the waiver and you were a client before her. They are going to...

Legal Ethics: Court Appointed Attorneys Ethics, fiduciary
fiduciary: Albert, As you would expect, an attorney has an ethical duty to promptly communicate with the client and act diligently in the representation. This is part of the fiduciary duty owed to each client. I suggest you or your daughter contact his supervisor,...

Legal Ethics: Defamation lawsuit, defamation lawsuit, bad checks
defamation lawsuit, bad checks, lavelle: Lavelle, It is true that you were convicted of passing a bad check and that is not a viable claim for slander because it is true. The publication taht you are a wanted fugitive may be actionable if the station new or should have known that was false....

Legal Ethics: Hidden Crack, fraud
fraud: Dennis, If the seller who represented the boat knew of the problem and lied to you, you have a good case of fraud. Generally, the elements of fraud are 1) seller made representations; 2) the representations were false; 3) the false representations were...

Legal Ethics: Lawyer Malpractice or Negligence?, fiduciary, legal malpractice
fiduciary, legal malpractice: Lera, I am sorry to hear about your daughter. You have described a breach of fiduciary duties. An attorney breaches his/her fiduciary duties by: 1) lying to the clients; 2) acting incompetently; 3) not being diligent in the representation; and 4) not...

Legal Ethics: HIPAA, HIPAA, HIPPA
HIPAA, HIPPA: Margie, Unfortunately, I believe the hospital probably acted properly. The patient did not sign a HIPAA release and you violated federal law in which your employer is responsible. You should have given the patient your friend s number and allowed her...

Legal Ethics: Being Sued, insurance carrier, pleadings
insurance carrier, pleadings, displeasure: James, I cannot give you legal advice, however, generally the material contained in a Court pleading is immune. It may be a violation of the state s requirements regarding pleadings prepared after reasonable investigation is conducted. I suggest you...

Legal Ethics: law school, law school, best of luck
law school, best of luck, friedman: Gena, You really don t have to chose until after you graduate from law school. You may want to take classes your second and third year of law school in which you think you may have an interest to help guide you as to what type of law you really like. ...

Legal Ethics: Specifying child the authority to handle my matters, trust carl, attorney general of california
trust carl, attorney general of california, living trust: Carl, I suggest your mother address this issue in her trust as well as her will. I cannot provide you with legal advice since I am not licensed to practice law in California, however, the internet is a good guide to the legal requirements. If you have...

Legal Ethics: Breach of Fiduciary Duties, probate attorney, breach of fiduciary duties
probate attorney, breach of fiduciary duties, probate court: Shannon, Your father can speak to a probate attorney or file for a formal accounting in the state where the estate is set up. The Probate Court can order the executrix to provide an accounting to the beneficiaries. Very truly yours, Paul D. Friedman,...

Legal Ethics: first amendment vs. defamation, civil trial attorney, public sidewalk
civil trial attorney, public sidewalk, contractual relationship: Will, Any constitutional law or civil trial attorney can give you the answer. It is not defamation if you believe what you are saying and it is merely your opinion. However, it may amount to interference with a contractual relationship for potentially...

Legal Ethics: Lawsuit for Long Term Disability, long term disability, social security administration
long term disability, social security administration, gross misrepresentation: Juli, Judges are like all other people. There are conservative judges and there are liberal judges. Some judges side on the favor of big business and others side on for the consumers. It is a gross misrepresentation for an attorney to indicate that all...

Legal Ethics: Lawyer abuse and withdrawing from case, malpractice action, legal malpractice
malpractice action, legal malpractice, case question: It sounds as if you should have terminated the representation earlier as suggested. It is not extortion for your counsel to ask to be paid for services rendered or anticipated. You need to look at your contract to see if what your attorney s responsibilities...

Legal Ethics: Relative Adoption / Withdrawal of Unethical Law Firm, dispute resolution procedures, fee negotiation
dispute resolution procedures, fee negotiation, relative adoption: Ava, Without providing you legal advice, I would think this provision would be invalid in most states. Generally, an attorney cannot diminish his/her ethical responsibilities by a contract provision and most state bar s would probably not be happy with...

Legal Ethics: verbal consent, acute renal failure, verbal consent
acute renal failure, verbal consent, questionable actions: Rhida, It is not acceptable ethical behavior to disrespect the patient s wishes. I am not certain how you can prove that your husband did not provide consent other than describing that your husband was vehemently opposed to continued chemotherapy and the...

Legal Ethics: Dentures, small claims court, bottom teeth
small claims court, bottom teeth, bone structure: Rick, The dentist should have informed your wife that the dentures may not work because of her lack of bone structure for her to give informed consent. If the dentist failed to do so, your wife sounds justified in refusing to pay. The dentist can chose...

Legal Ethics: Legal extortion, cost benefit analysis, unjust claims
cost benefit analysis, unjust claims, unfair claims: Michael, This is a very interesting question. Businesses do a cost/benefit analysis and determine the least expensive resolution as a cost of doing business. It is usually less expensive in time and money to pay a cost of defense instead of paying...

Legal Ethics: Privacy Violation?, HIPAA, confidentiality
HIPAA, confidentiality: Casey, I am not licensed to practice law in Louisiana so I cannot address whether it is legal. It was ethical for your attorney to contact and discuss the matter with your psychiatrist. It may not have been ethical for your psychiatrist to discuss your...

Legal Ethics: Employer Fraud?, employment offer letter, melanie williams
employment offer letter, melanie williams, letter of employment: This is a civil matter and I suggest you sue the employer for breach of contract. Since the offer was made to you in writing, it should be fairly easy to prove. If you also feel it involved consumer fraud, you may with to contact the Attorney General s Office...

Legal Ethics: Notary Public Ethics, public ethics, gay activities
public ethics, gay activities, legal binding: It is probably not unethical for a notary to sign the document. The notary is only avowing that the person who is signing the document is in fact signing the document. The provision, however, is against public policy and is not legally enforceable...

Legal Ethics: Violation of Fiduciary duty, rightful inheritance, social security number
rightful inheritance, social security number, getting a divorce: Assuming this info is accurate and complete, I can give you the short answer. The money is your property, and only you can give your wife property right ownership rights to your personal inheritance money. Proving in court whether your attorney was in competent...

Legal Ethics: Beneficiary of a will, duties of an executor, probate attorney
duties of an executor, probate attorney, executor of a will: Mandy, I suggest you contact a probate attorney (solicitor) in your area. You need legal advice regarding the laws in your country to determine the executor s responsibilities and the trustee s responsibilities regarding a trust. You did not indicate...

Legal Ethics: Judge Refuses to Recuse, subchapter s corp, communal property
subchapter s corp, communal property, conflict of interest: Robert, You need to write to the presiding judge in the county where this is occurring. If this is not an option or does not work, you need to let the Arizona Attorney General s Office know and contact the Arizona Supreme Court. This certainly sounds...

Legal Ethics: Conflict of Interest in Divorce Case FOLLOW-UP, subchapter s corp, superior court judges
subchapter s corp, superior court judges, judicial ethics: Robert, Thank you for the nice comments. Again, the answer depends on your state s judicial ethics codes, however, it sounds like that would be a conflict of interest or, at least, it has the appearance of being a conflict of interest in which the Commissioner...

Legal Ethics: Power of Attorney, power of attorney form, power of attorney
Legal Ethics: Power of Attorney, power of attorney form, power of attorney

Legal Ethics: Power of Attorney, power of attorney
power of attorney: Hello Nora, From what I have researched, a power of attorney does not become null and void upon a marriage. A power of attorney relationship ends when the grantor (in this case, your husband) dies, unless the power of attorney agreement otherwise specifies....

Legal Ethics: possible resource?, seattle university school of law, civil rights discrimination
seattle university school of law, civil rights discrimination, city of seattle: Leah, I would contact the Seattle University School of Law and find out what programs provide for law in the public interest in that area. I believe there is a program at that school that may fit your needs. Very truly yours, Paul D. Friedman, M.A.,...

Legal Ethics: ethic? or legal?, writing case, state of ohio
writing case, state of ohio, amount of money: Mae, I do not and cannot give legal advice over the internet for Ohio since I am not licensed there. It is obviously unethical to quote a fee and breach that agreement. Also, there may be an ethics requirement for the contract to be in writing depending...

Legal Ethics: ethic? or legal?, rate button, freidman
Legal Ethics: ethic? or legal?, rate button, freidman, jd

Legal Ethics: Accountability, tool magnet, costly endeavor
tool magnet, costly endeavor, flat tires: Jared, Notify your landlord that the roofer is not cleaning and you are worried about nails with your new vehicle tires. This puts the landlord on notice in case you get a flat tire due to a nail. In Arizona, a property owner is responsible for the conduct...

Legal Ethics: Defamation of Character, defamation of character, sexual intercourse
defamation of character, sexual intercourse, vicious lies: Renee, It sounds like a viable case of defamation based on your facts. You need to show it lessens your reputation which you may be able to prove if your current boyfriend believes their statements. Very truly yours, Paul D. Friedman, M.A., Ph.D.,...

Legal Ethics: after objecting to use of malpractice atty,hiring his assoc. located w/in practice, medical malpractice suit, bar complaint
medical malpractice suit, bar complaint, personal conversations: Kari, I cannot comment on the Louisiana Bar, however, they should be able to tell you what form of entity the attorneys have. I suspect they do not have a partnership and simply share space and costs. However, the fax sheet with the other attorney s name...

Legal Ethics: Contract, nancy nancy, ink analysis
nancy nancy, ink analysis, case words: Nancy, The answer to both questions is yes. An original can be tested to determine the age of the ink. If a document is found to have been altered, it would be suspect and the trier of fact would most likely hold the original to be the true contract....

Legal Ethics: defamation of character to a child., defamation
defamation: Pamela, I can only give you a broad breakdown of defamation as I am not licensed in the UK. Defamation is 1) a statement; 2) made by the maker who knows the statement to be false; 3) published (spoken or written) to a third party; 4) with the intent that...

Legal Ethics: Question of Ethicality?, dr friedman, mediation process
dr friedman, mediation process, definite solution: Marty, Your attorney had an ethical responsibility to be diligent and provide you with advice and communication. It is problematic that your attorney did not prepare you for the mediation and may have misinformed you as to the probability of success of...

Legal Ethics: What to expect from Attorney, martindale hubbell, contingent fee agreement
martindale hubbell, contingent fee agreement, auto insurance policy: Mrs. G. I don t know the attorney you selected so I can only give you some advice on picking the right attorney. First of all, it is not clear if you met with the attorney during your initial visit. You indicated you met with a paralegal who said you...

Legal Ethics: Gap insurance and bank holding loan, gap insurance, insurance gap
gap insurance, insurance gap, breach of contract: Sandy, You have a right to have the dealership pay the gap insurance, and if it refuses, you have a potential claim for breach of contract. You need to speak to an attorney in Nevada as soon as possible to determine the statute of limitations for a breach...

Legal Ethics: hot car, state crimes, double jeopardy
state crimes, double jeopardy, legal perspective: Ron, From a legal perspective, Casey Anthony can say whatever she wants at this point without repercussion. Double Jeopardy prevents prosecutors from charging her for the same crime. An exception may be made for a violation of a federal crime in addition...

Legal Ethics: inetentional infliction of emotional distress, slander, 50th birthday party, infliction of emotional distress
50th birthday party, infliction of emotional distress, party goers: Denise, Asking for an amount of money to prevent litigation is not blackmail or extortion, it is an offer to settle a contested matter. Filing a lawsuit does cost stress and is very rarely a satisfying experience. I would recommend going down to your...

Legal Ethics: Is it possible to get non-monetary judgement in civil cases?, monetary judgments, mental scars
monetary judgments, mental scars, ancient cultures: Rim, The law is not meant to enhance or suppress emotions or humanity, however, it is designed to compensate for losses. The law in most countries allows for monetary judgments which include pain and suffering as well as compensation for emotional distress....

Legal Ethics: Billing in contingency case, retainer agreement, california state bar
retainer agreement, california state bar, gross proceeds: Bonnie, You have the right to have a full accounting. You also have a right to any amount not in dispute. If you cannot resolve the situation, contact the California State Bar and request a fee/cost arbitration. Very truly yours, Paul D. Friedman,...

Legal Ethics: Legal Ethics for reality show, legal ethics, war on drugs
legal ethics, war on drugs, conspirator: Sterling, It is not illegal to air illegal activity. It is illegal to become a co-conspirator in the illegal activity. There are a number of shows that air illegal activities; ie: Moonshiners , Intervention , Amish Mafia , etc. The program has to...

Legal Ethics: HIPAA, HIPAA
HIPAA: Becky, Unless your husband is your healthcare provider, neither he nor his attorney violated HIPAA. Your husband, however, may have violated your right to privacy depending on your state s laws. I suggest you contact your attorney and find out if your...

Legal Ethics: Slander, drug addict, amount of money
drug addict, amount of money, text messages: Sabrina, You can file a claim or lawsuit, however, you are ultimately going to have to prove that your reputation has been damaged and that it cost you some amount of money. I suspect his messages to your daughter do not change your daughter s opinions...

Legal Ethics: regarding confidentiality, mental health services, anxiety level
mental health services, anxiety level, clinical decisions: Mandi, I am not sure of your exact question, however, it is always inappropriate for a non-clinician to make clinical decisions. The receptionist must rely on the therapist(s) to tell her whether the two of you should be seen together or alone. Second,...

Legal Ethics: DNR and Medical Battery, bowel strangulation, stomach ache
bowel strangulation, stomach ache, pulmonary edema: Eric, Thank you for your review. A physician who performs resuscitation when one is not requested may be committing a medical battery in jurisdictions that allow for that cause of action. Keep up the good work. Very truly yours, Paul D. Friedman,...

Legal Ethics: Does a peice of paper really mean something?, unemployment insurance, time status
unemployment insurance, time status, time employee: Ashley, I expect the company is going to lay him off and does not want to pay unemployment insurance. Your husband can submit a paper that he gave notice and was asked not to quit so he complied as long as he could be put on part-time status. He was put...

Legal Ethics: Attorney Fees and Subrogation, personal injury case, medical insurer
personal injury case, medical insurer, case in progress: Jenny, Part of the reason you hire an attorney is to negotiate all liens, inlcuding healthcare and health insurance liens. You are in control of the settlement. Before you agree to settle or sign the release, ask for the final breakdown. You would...

Legal Ethics: car sale gone wrong, midway nissan, new car loan
midway nissan, new car loan, cosigner: Dan, You need to look at the paperwork to see if it indicates that the deal was contingent on financing approval. I suggest you request to speak to the General Manager to determine what they base their new requirement on. If there is no listed contingency,...

Legal Ethics: promotion
Jack, From the way that you worded the inquiry, it is apparent you feel there is a conflict of interest. From the facts presented, it is a conflict of interest. Of course, there should have been a disclosure so that all of the candidates and the rest...

Legal Ethics: Attorney, criminal defense attorneys, public defenders
criminal defense attorneys, public defenders, public defender: LM, A number of criminal defense attorneys are prior prosecutors or public defenders. You need to look into the background and check the references of the attorney. Most of all, you need to speak to the attorney to determine if there is trust and ccnfidence....

Legal Ethics: defamation., defamation, statement of fact
defamation, statement of fact, landlord: J, Defamation is a: 1) statement of fact; 2) which the maker knows to be false; 3) which is false; 4) made to a third party; 5) intending to lower the reputation; 6) which does lower the reputation of the recipient; 7) causing damages. Statements of...

Legal Ethics: opening statements, joyce joyce, opening statements
joyce joyce, opening statements, taxpayer money: Joyce, I understand your point of view. The opening is supposed to inform the jury as to the facts of the case. Studies have shown that the jurors decide the case by the end of opening statements and then looks for facts to support those preliminary...

Legal Ethics: LACK OF CONSENT, informed consent, medical battery
informed consent, medical battery: Jane, It depends on the knowledge base of the manufacturer. Often, a representative of the manufacturer is actually present in the operating suite without the patient s knowledge which, in my opinion, is an ethical violation. Black Box Warnings apply...

Legal Ethics: Intentional over charging self pay patient
Debbie, You are describing an ethical question. I suspect the clinic is going to indicate that these are the same charges they provide to everyone; however, the contracted amount with insurance is for a lesser amount. You should contact the Maryland Department...

Legal Ethics: Held against will accused of fake money refused service
Robert, I am sorry you went through an embarrassing situation like this. I do not give legal advice but there is nothing that you stated that seems unethical or illegal. You were not held against your will so there is not a false imprisonment case. You...

Legal Ethics: Administratrix of Estate, probate action, probate attorney
probate action, probate attorney, younger siblings: Nell, I am sorry to hear about your mother and wish you all my best. You can write to everyone and let them know you wish to step down as the Executrix and attempt to reach an agreement in writing as to who will be taking over. You can also advise...

Legal Ethics: Advertising and pricing for lawyers, attorney advertising, question the answer
attorney advertising, question the answer, good question: Nash, Good question. The answer in most if not all states is that there is no high or low mandated or prescribed amount. 20 years ago, there was a strong push by some attorneys to make sure others were charging enough . This is an antitrust violation....

Legal Ethics: Appointed Attorney, criminal lawyer, private counsel
criminal lawyer, private counsel, public defenders: Sanlyn, A lawyer appointed by the Court (Judge) is subject to the same standard of care as private counsel. They are also subject to the same ethics. Usually, the Court keeps a list of counsel which are on contract with the Court per case. In other...

Legal Ethics: ATTORNEY TRYING TO RIP US OFF!, retainer, best interest
retainer, best interest, friedman: CJ, An attorney can ethically withdraw from representation for non-payment of fees or costs as long as it does not unfairly prejudice the client. Most court s will allow for withdrawal unless there is a trial date set and then it may become more difficult....

Legal Ethics: Attorney behavior, bench trial, bar complaint
bench trial, bar complaint, boorish behavior: The short answer is that you could always file a bar complaint. You didn t say, but I assume that this was a bench trial (non-jury). If it were a jury trial, the judge would most definitely have brought the attorney up short, and possibly held him in contempt....

Legal Ethics: Attorney/Client rights, grievance process, small claims court
grievance process, small claims court, lawyers fees: There are two separate situations that must be considered here. First, if the papers were filed with the court, the attorney cannot withdraw without permission from the court. And in that situation, you must be given notice of the hearing at which the...

Legal Ethics: Attorney Ethics, attorney ethics, civil matter
attorney ethics, civil matter, defendent: In my state, a lawyer may nopt engage in conduct involving dishonesty, fraud, deceit, or misrepresentation . What you describe is at least one of those, and is therefore prohibited and will subject the lawyer to discipline. I don t know whether the same...

Legal Ethics: Attorney Fee Dispute, malpractice case, malpractice cases
malpractice case, malpractice cases, insurance check: Monika, Let me address a few of the issues to help clarify. I do this with the understanding I do not know who your attorney was and I have not seen the agreement you signed. It is standard in the legal community to have an agreement which obligates...

Legal Ethics: Attorney malpractice, fee arbitration program, local bar association
fee arbitration program, local bar association, attorney malpractice: Susan: I have two suggestions for your friend. The first is to go to fee arbitration to get a refund of the fees paid. The local bar association in your area should have a fee arbitration program. It is a fairly quick, inexpensive way to resolve fee disputes....

Legal Ethics: Atty.fees, fee arbitration program, medical benifits
fee arbitration program, medical benifits, referral list: Thank you for the question David. Law can be like medicine in that sometimes the result cannot be predicted. When people die, the doctor still gets paid if the doctor did what was reasonable under the circumstances. If the legal separation was a reasonable...

Legal Ethics: Auto Purchase Problem, negligent misrepresentation, good faith and fair dealing
negligent misrepresentation, good faith and fair dealing, nissan quest: I am not certain where you purchased the vehicle and each state and country has their own laws. I also do not give legal advice since it is contrary to this site s policies and I cannot give legal advice unless I am licensed to practice law in the state the...

Legal Ethics: Auto Repair Shop Problems, radio speakers, auto repair shop
radio speakers, auto repair shop, burning oil: Eric, I cannot completely answer your question without knowing where this occurred and I do not give legal advice over the internet. In some states, the use of signs will alleviate a cause of action for a third party break-in. Some states do not allow...

Legal Ethics: advocacy, enforcement capabilities, paralegals
enforcement capabilities, paralegals, prosecutions: Mark, I reviewed your ad on Craigs List and must agree that everything you purport to do is practicing law without a license. You cannot provide any legal advice nor can you represent individuals in proceedings which require an attorney s representation....

Legal Ethics: age, employment opportunity commission, equal employment opportunity commission
employment opportunity commission, equal employment opportunity commission, equal employment opportunity: Al, Title VII prohibits descrimination based upon protected classes. One of those protected classes is age. You can contact your local EEOC (Equal Employment Opportunity Commission) if you wish to receive a copy of the law. Very truly yours, Paul...

Legal Ethics: attorney fee dispute, breach of fiduciary duty, local bar association
breach of fiduciary duty, local bar association, voluntary arbitration: Stuart, Sorry to hear about your situation. Your understanding of the Bar Association may be correct but most are mandatory for the attorney but disccretionary for the client. Also, most of them are client oriented which would be good for your situation....

Legal Ethics: attorney fees awards, necessary time, attorney fees
necessary time, attorney fees, money: You may have been caught in the middle of something here. You are obligated to your attorney for any work he or she has to do. If your attorney has to expend time to collect the fees due from your wife, somebody has to pay for that. And if your ex doesn...

Legal Ethics: Getting attorney to finish my case, settlement proposals, followup question
settlement proposals, followup question, divorce case: Nancy, Thank you for your kind words and feedback. I would ask your attorney for the time itemized. That does not sound like an exhorbitant bill, however, you are entitled to know how much specific time was designated for an individual task. You have...

Legal Ethics: attorney withdrawal, proper manner, counterclaim
proper manner, counterclaim, paralegal: Kathleen, I apologize for not responding sooner but I was just notified of your question about 10 minutes ago. I am sorry to hear about your situation and the problems you are having with your counsel. I cannot guess what is going on with your attorney...

Legal Ethics: auto dealer, better business bureau, good faith and fair dealing
better business bureau, good faith and fair dealing, breach of contract: Carol, You have a number of options. If you think the dealer is not being honest, you can: 1) submit a complaint to the better business bureau; or 2) sue the dealer. You need to get a sworn statement that this repair was not due to an accident. If...

Legal Ethics: Babies denied treatment and comfort care, major depressive disorder, childbirth experience
major depressive disorder, childbirth experience, amnio: Lemelia, I am sorry to hear about the trauma you and your child endured. This is interesting to me because I believe as a bioethicist that you had a right to deliver your baby if you chose to do so and they should not have pushed their value system on you....

Legal Ethics: Bad repairs on 2002 Nissan Maxima SE Fully Loaded, nissan maxima se, nissan maxima
nissan maxima se, nissan maxima, shop supervisor: Ben, It sounds to me like you have a good grasp of your potential options. The BBB would be my first choice. The second would be to deal with your insurer if this was a guaranteed shop. The third option would be to contact NISSAN and speak to one of...

Legal Ethics: Bankruptcy & Creditor rights, bankruptcy chapter 7, small claims court
bankruptcy chapter 7, small claims court, creditor rights: Jeff, I cannot give legal advice over the internet. You can file a petition with the Bankruptcy Court since you were not listed as a potential creditor and can point out the fraudulent filing of assets which will be a great concern in the bankruptcy...

Legal Ethics: BCP for minors, mother need, internist
mother need, internist, bcp: Kristina, I cannot give legal advice to you since I am not licensed in Texas. Generally, an unemancipated minor can only give assent and you need a parent to give consent unless it is for sexually oriented treatment. I suggest getting a general...

Legal Ethics: Best way to present text messages in court?, memory card, police report
memory card, police report, injunction against: Brandon, Text messages are most likely admissible in a hearing regarding an injunction against harassment because it shows a pattern of harassment. I am not completely text savvy but I would try and print them out if you can. If not, bring your phone...

Legal Ethics: Bought used car, Now problems, vw jetta, cv boot
vw jetta, cv boot, fraud claims: John, I don t know where you live but the answer is probably yes, you can always sue. The better question is whether you would be successful in a lawsuit. Some states and countries utilize the theory of caveat emptor (let the buyer beware). However, many...

Legal Ethics: Buisness ethics regarding ex-employees, deformation of character, buisness ethics
deformation of character, buisness ethics, legal recourse: Daryl, Sorry to hear about your situation. I suggest you send a letter letting the employer know you have heard some disconcerting comments and wish that they cease. You have a potential cause of action for slander if the statements are false and...

Legal Ethics: Burglary at 24 Hour Fitness, fitness question, hour fitness
fitness question, hour fitness, incid: Joyce, It depends on the laws and the judge s interpretation of prior cases where you live. Some states do not hold a facility responsible based on the contract while others hold otherwise. I would not just take 24 hour fitness word and would speak to...

Legal Ethics: Business Case Study, business case study, biological specimens
business case study, biological specimens, biological supplies: Jena, Vanoni is not providing any knew consideration by performing under the old contract with a new agreed price. Under the hypothetical you gave, the Hayden Institute is under no obligation to pay an additional $1600 because it has a contract which includes...

Legal Ethics: Business Ethics, federal labor law, business ethics
federal labor law, business ethics, ethical grounds: Edshara, Thank you for your question as it is one often asked. I can answer the question based on ethical grounds and on federal labor law. There is probably no prohibition from this conduct based upon federal labor law. However the federal and state...

Legal Ethics: Business Ethics, hvac repair, motor specs
hvac repair, motor specs, delvery: Diane, It sounds like you are a very sharp consumer and feel frustrated that you may have been taken advantage of by the A/C repair company. I cannot give any legal advice since I am not licensed to practice law in California. I would contact another...

Legal Ethics: Business/selling public information, california attorneys, california website
california attorneys, california website, state bar of california: Phillip, I am not a licensed attorney in the State of California. Generally, you can sell information which is public information. I suggest you look into the requirements for private investigation to determine if this is included in that licensure. ...

Legal Ethics: background check, contractual relationship, background check
contractual relationship, background check, friedman: Steve, I do not know where you live nor can I offer any legal advice on this site. However, I suggest you contact an attorney to find out if you have a cause of action for tortious interference of a contractual relationship . Depending on your local codes...

Legal Ethics: bad job, department of labor, dol
department of labor, dol, friedman: Desiree, Generally a claim with the Department of Labor is less expensive and much faster. Generally, results may be better with DOL unless you live in a jurisdiction which is liberal. I wish you the best. Paul D. Friedman, M.A., Ph.D., J.D...

Legal Ethics: binding Agreement, carol carol, binding agreement
carol carol, binding agreement, best of luck: Carol, The question is a little vague but generally I agree with you. I am not certain if Canadian law is the same and it depends what the agreement and the reasons for trying to void the agreement in principle. It sounds like your opinion makes sense....

Legal Ethics: board of directors, liability insurance, insurance agent
liability insurance, insurance agent, responce: David, It is possible that your wife could be named in a lawsuit if the camp is undersourced. I would highly recommend that the camp get liability insurance or you and your wife speak with an insurance agent to make sure she is covered. I applaud you...

Legal Ethics: bully professor, dr friedman, suny school
dr friedman, suny school, student advocate: Allen, I absolutely understand your frustration. It depends on the Dean of the program and how receptive he/she is to students needs. A good Dean/Administration will take in the complaints and make changes while a poor Dean/Administration will stand...

Legal Ethics: Cameras in the workplace, network closet, server room
network closet, server room, network camera: David, I don t know where you live and cannot comment on specific laws on this site anyway. Generally, the rule is based on privacy and the expectation of privacy. In most jurisdictions, there is no such expectation as a matter of law in the workplace....

Legal Ethics: Civil Summons, free legal clinics, civil summons
free legal clinics, civil summons, home owners insurance: David, I assume a Complaint came with the Summons. If you have insurance, I suggest you notify your carrier. This is true for automobile or home owners insurance. If you did not have insurance during the time alleged in the Complaint, I suggest you...

Legal Ethics: Client Privilege, confidential disclosure agreement, aba model rules
confidential disclosure agreement, aba model rules, client privilege: Brison, I am not quite certain I understand your question but will try to answer it as best I can. An attorney owes a duty of confidentiatlity regarding potential and existing clients with a few exceptions pursuant to the ABA Model Rules 1.6. Those...

Legal Ethics: A College's unethical behavior., lake superior college, regional accrediting agencies
lake superior college, regional accrediting agencies, intentional misrepresentation: Reba, Good question although I am sorry to hear of your situation. You may have a potential claim for breach of contract, breach of the duty of good faith and fair dealing, negligent misrepresentation or intentional misrepresentation (fraud). I agree...

Legal Ethics: Company moving - changing name, warranty issues, constructive discharge
warranty issues, constructive discharge, unemployment benefits: David, I am sorry to hear about your situation. It sounds like your company is operating under the law. However, the law and ethics are not the same. It does not sound as if it is particularly ethical behavior by the company. If you believe the...

Legal Ethics: Conflict of Interest, attorney client relationship, divorce settlement
attorney client relationship, divorce settlement, conflict of interest: Kellye, This is a very good question. I am assuming you live in the United States, although, you did not put this in the narrative. This type of conflict is waivable by the parties but the parties do not have to waive the conflict. If a former client...

Legal Ethics: Conflict of Interest, appearance of impropriety, disciplinary board
appearance of impropriety, disciplinary board, wall of china: Linda, Thank you for the kind words and I am very sorry to hear about your situation. If the facts are as you believe, it is very troublesome. This Chinese Wall you are discussing is really a concept of the past. If the facts are as you allege, she...

Legal Ethics: Conflict of Interest, conflict of interest, taking this into consideration
conflict of interest, taking this into consideration, responsiblity: Bob, I am very sorry to hear about your problem. Based upon the facts as you stated, it sounds like there was a conflict with Paul associating with Tom. I suggest you file a complaint with the Bar of the state in which you and the attorney reside. Another...

Legal Ethics: Conflict of interest in a divorce case, divorce case, conflict of interest
divorce case, conflict of interest, appt: Tara, It may be a conflict of interest depending on the information the attorney received from your mother during the first divorce. It should not be an automatic conflict of interest since your mother is a former client in a concluded conflict. If...

Legal Ethics: Conflict of interest, divorce complaint, informal conversations
divorce complaint, informal conversations, confidential relationship: Soma, The court will not throw out the lawsuit. Your new counsel can address the situation and apprise the court of your thoughts and the judge will decide what to do. It would be unethical for your old attorney to have shared confidential communications...

Legal Ethics: Contents of a Will, maryland state bar association, maryland state bar
maryland state bar association, maryland state bar, elderly gentlemen: Carol, You need to contact an attorney in Maryland right away. Contact the Maryland State Bar Association and ask them for a list of attorneys who deal with will contestation issues. I cannot provide you with legal advice on this website but your sister...

Legal Ethics: Contract Ethics, contract negotiator, ec contract
contract negotiator, ec contract, appearance of impropriety: Brent, Hard to say but it sounds as if there is (at a minimum) the appearance of impropriety regarding a conflict of interest. If there is even an appearance of impropriety, it would indicate there is unethical behavior. It is questionable behavior at...

Legal Ethics: Contract Ethics, corporate lawyer, conflict of interest
corporate lawyer, conflict of interest, professional contract: That is an interesting question. I want to reiterate your facts to make sure I have them correct. 1) You have a standard contract that you would want an attorney to sign regarding a professional contract. 2) The attorney wants to revise some of the...

Legal Ethics: Contracts, lawer, web design development
lawer, web design development, stupid questions: Brent, Again, my advice is stay clear of this individual. I don t think a contract will have any effect if he cannot afford to pay you. Even if you had a binding contract, it sounds like he has limited resources. If you do work for him, make sure...

Legal Ethics: Court, court subpoena, small claims court
court subpoena, small claims court, limited jurisdiction: JC, The simple answer is yes. Most courts of limited jurisdiction have provisions for subpoenaeing witnesses. You need to check with that particular small claims court to determine the procedure for requesting and serving the subpoeana. Very truly...

Legal Ethics: Credit Fraud - Equifax, fraud report, credit fraud
fraud report, credit fraud, fraudulent transaction: Danial, I am sorry to hear about your situation. I can only respond to your inquiry because I had an identical situation. There are 3 credit reporting agencies. I would put a fraud report on all three reporting agencies and dispute the credit which...

Legal Ethics: Who can take my case?, breach of contract, tuiton
breach of contract, tuiton, plain as day: Lori, Unfortunately, I do not know what state you are in or what school you are talking about. It all depends on the agreement(s) you signed as to whether you have a potential claim for breach of contract. You need to speak to an attorney in your state...

Legal Ethics: check stop pay, state attorney general, tribal attorney
state attorney general, tribal attorney, tribal court: Ray, You have some avenues. You can hire a tribal attorney and sue in the tribal court. Also, you can contact the Oklahoma State Attorney General s Office since the Indian Reservation has a contract with the State of Oklahoma which allows them to have...

Legal Ethics: college unethical behavior, time college student, letter in the mail
time college student, letter in the mail, behavior question: Lucinda, I wish you were one of my students since you do a nice job of utilizing logic. In your hypothetical, a bonus would be re-payable if the bonus was part of an employment contract which spelled out the terms. In other words, if the contact dexcribed...

Legal Ethics: conflict of interest, ethical practice, conflict of interest
ethical practice, conflict of interest, step mother: Jennifer, Your gut feeling sounds like it hit the nail on the head. I do not know where this occurred but it is generally unethical for an attorney to conduct business with a client. At a minimum, the attorney should have advised your son that he should...

Legal Ethics: conflict of interest, handyman business, handyman service
handyman business, handyman service, conflict of interest: Gail, It would be prudent to ask your boss if this was alright. My suggestion would be to list the two and give them both to the customers. This seems like you are being more fair to the customers and if something goes wrong, the customer will have had...

Legal Ethics: conflict of interest/attorney client priviledge, two occassions, divorce settlement
two occassions, divorce settlement, property assets: Sheila, It is hard to tell based upon the limited facts you gave but it sounds as if you do not trust your attorney. If you don t trust your attorney, it is time to hire someone else. I do not know if you live in a community property state and I do...

Legal Ethics: conflict of interest, breach of fiduciary duty, hiring a private investigator
breach of fiduciary duty, hiring a private investigator, assetts: Mrs. Johnson, You need to find a legal malpractice attorney. The question I have is the location of the attorney the insurance compaany hired to represent you. If you give me that information, I will check and see if I can get the name of a legal malpractice...

Legal Ethics: What constitutes practicing law without a license?, criminal defendant, definitive answer
criminal defendant, definitive answer, caselaw: Gail, You cannot provide a definitive answer, however, you could not provide a definitive answer if you were licensed anyway. You can let him know what the caselaw indicates about the constitutional issues. You can give an opinion as to what you think...

Legal Ethics: What constitutes as practicing law without a license., legal ethics, ethicist
legal ethics, ethicist, j miller: Kelly, I do not practice law in Texas nor do I give legal advice over the internet. However, it is safe to assume the ABA would take the position that your filing paperwork for a client would be practicing law without a license. I would tread very...

Legal Ethics: How can we, as consumers,..., eduard, social responsibility
eduard, social responsibility, friedman: Eduard, As consumers, we can do 2 things. The first is to communicate with our elected official to assert policies which are consistent with our ethics. The second is to boycott products from companies that do not share the same values. Paul D. Friedman,...

Legal Ethics: contingent job offer, short term disability, holding a grudge
short term disability, holding a grudge, hr recruiter: Shain, I am not certain what state you live in. However, your current employer can give accurate information. However, if they give inaccurate information, you may have a claim for tortious interference with a contractual relationship or defamation. Most...

Legal Ethics: contract after death, customer representative, phone contract
customer representative, phone contract, rental lease: Johnny, The answer to your question is probably no, however, there may not be a problem. If your father did not have an estate large enough to open probate, there is no estate and the alarm company cannot collect from your dead father. In other words,...

Legal Ethics: contracts, unused time, retainers
unused time, retainers, retainer: Natalie, I do not know where you live or where your contract was signed and I do not give legal advice over the internet. I do provide ehtics opinions. In general terms, there is a difference between a deposit and a retainer . Generally, deposits...

Legal Ethics: conversations as were written in a book, important man, teaching tool
important man, teaching tool, mouths: Diana, The answer to your question rests on where you live and where you plan on publishing the book. If possible, you should get a release from this gentleman so you can publish with his consent. If not, you should not include any identifying features....

Legal Ethics: court appointed lawyer for my 4 year old, nasty divorce, nfl player
nasty divorce, nfl player, erratic behavior: Dara, The Court most likely appointed a Guardian Ad Litem to represent the best interests of your daughter. Your attorney needs to suggest reasons why the Guardian is acting biased. The fact the Court appointed her means that the Court is going to have...

Legal Ethics: Should I go to court?, line forums, defamation
line forums, defamation, illegal activity: Jeff, I cannot tell you whether to sue someone for defamation but will give you some guidelines to make an informed decision. To prove libel (defamation in writing), you need to show: 1) the writings are false; 2) the writer knew they were false; 3)...

Legal Ethics: DCF of Florida, ethical violation, underage children
ethical violation, underage children, legal opinions: Karen, I do not give legal opinions over the internet as stated in my profile. I am also not licensed to practice law in Florida so it would be illegal for me to do so. The question would be if it is ethical for the Judge to show the file to your underage...

Legal Ethics: Defamation, tort of defamation, elements of defamation
tort of defamation, elements of defamation, intentional tort: Jason, Your reasoning is correct, however, I am not certain about the semantics that the first statement would amount to a cause of action for slander. Truth is a defense to defamation (slander or libel). The statement about his leaving his 3rd and 4th...

Legal Ethics: Defamation of Character, defamation of character, pamela pamela
defamation of character, pamela pamela, sexual assualt: Pamela, There are at least 2 things working in your favor. The first is that it is a public record. Although, it depends how you communicate the conviction. If you just give the location of the information to others, it is probably not defamation. ...

Legal Ethics: Defamation of Character?, defamation of character, abuse and neglect
defamation of character, abuse and neglect, retarded individuals: Steve, This is not defamation of character. To have defamation, the maker of a statement must make a false statement knowing it to be false. If the investigator believed you had neglected or abused the client, it is not defamation. You may wish to...

Legal Ethics: Defamation of Character, negligent infliction of emotional distress, intense emotional distress
negligent infliction of emotional distress, intense emotional distress, defamation of character: Paul, You only have a potential cause of action if the note is published to a third party, the physician knew the statement was false and it causes a loss of reputation. To prove defamation, you need to show: 1) maker made a false statement; 2)knowing...

Legal Ethics: Defamation of Character, character defamation, defamation of character
character defamation, defamation of character, false allegation: Sherry, If the teacher believed that you smelled of alcohol, it is not defamation of character. Defamation involves: 1) a false statement; 2) which the maker knows to be false; 3) conveyed to a third party; 4) which lessens the reputation; and 5) causes...

Legal Ethics: Defamation of Character/Slander, defamation of character, race creed
defamation of character, race creed, negative references: Catherine, It depends where you live but generally there are not strict laws regarding an employers references. Your employer is safe by stating the time frame you were employed. The employer cannot state a falsehood or this could lead to defamation....

Legal Ethics: Defamation of character, defamation of character, defimation of character
defamation of character, defimation of character, libel: Defamation of character is: 1) a false statement; 2) published in writing (libel) or verbal (slander); 3) to a third party; 4) which the maker knows to be false; 5) which causes a loss of reputation; 6) resulting in damages. Very truly yours, Paul D....

Legal Ethics: Defamation of character, defamation of character, malicious statements
defamation of character, malicious statements, contractual relationship: Jim, Truthful statements are by definition not defamation. However, your daughter may have a claim for tortious interference with a contractual relationship. This depends on your jurisdiction. I suggest she contact an attorney in your area. Very truly...

Legal Ethics: Defamation of character, defamation of character, civil litigation
defamation of character, civil litigation, civil court: Jeri, It is not possible to charge someone with defamation. Charging is criminal. The state or city decides who to try in criminal court. It is possible to sue someone in civil court for defamation of character. You would need a lawyer that deals...

Legal Ethics: Defamation / Slander, mgm mirage inc, nevada state law
mgm mirage inc, nevada state law, mgm mirage: Evan, There really is not a question here, however, I am assuming you are asking one of two questions. The first is if this qualifies as defamation of character. The second question is can an employer act in this capacity. The answer to the first possible...

Legal Ethics: Deflamation of character, 20 dollar bills, deflamation of character
20 dollar bills, deflamation of character, kinko: Doris, I noticed that you read my response 3 hours ago but forgot to leave feedback. I am certain you understand the time committment to running a website and understand we volunteer our time to be of assistance to you. It would be nice if you could spend...

Legal Ethics: Deflamtion of Character, going to jail, police car
going to jail, police car, handcuffs: Sandra, It appears you forgot to take the few seconds to provide feedback. I am certain you appreciated the time it took to respond to your inquiry and feedback would be most appreciated. Thank you. Sandra, I am sorry to hear about the way your...

Legal Ethics: Deformation of Character?, deformation of character, defamation of character
deformation of character, defamation of character, contractual relationship: Gary, I cannot tell you whether you should file a lawsuit for defamation of character or something else because that would be providing legal advice. I do not provide legal advice over the internet and I have no idea where this took place. To succeed...

Legal Ethics: Defamation of Character, defamation of character, unpleasant experience
defamation of character, unpleasant experience, embarassment: Patricia, In some jurisdictions, you do not have to prove an actual damage if the statements allege criminal activity. The facts you stated did not amount to any criminal action and I doubt the police would even take a statement. Depending on your...

Legal Ethics: Deformation of Character", libel, and punitive damages?, deformation of character, defamation actions
deformation of character, defamation actions, actual damages: Mike, It is defamation which involves slander (verbal) and libel (writtent) mistruths. Truth is a defense to defamation actions. Defamation is: 1) a misleading statement; 2) which the maker knows to be misleading; 3) that is published to a third party;...

Legal Ethics: Deformation of Character?, deformation of character, actual damages
deformation of character, actual damages, punitive damages: Mike, I apologize for the length of time to respond to your question as I listed I was not going to be back until July 7th so I hope you did not wait long. You would need to show the person made a statement which he/she knew or should have known was...

Legal Ethics: Disclaimer Forms-Refusal to Treat Guidelines, informed consent form, licensed acupuncturist
informed consent form, licensed acupuncturist, patient relationship: Mike, Congratulations on your career choice. I hope it will be an exciting and fulfilling experience. You can refuse to treat this individual. Just because you are a professional with fiduciary duties, you are not enslaved by your professional status....

Legal Ethics: Disclosure, attorney client privilege, future crimes
attorney client privilege, future crimes, proper authorities: Brad: The rules about attorney-client privilege do vary slightly from state to state, so the best way to know the rule in your state is to check with a local lawyer. In general, every state has an attorney-client privilege that includes most everything...

Legal Ethics: Distrubution of estate funds, probate lawyer, executrix
probate lawyer, executrix, executor: Carol, Hopefully your father left an executrix in case the first one refused or passed away. The bank may insist on a probate being established and/or you may be forced if there was not a contingency. I strongly suggest you contact a probate lawyer....

Legal Ethics: Divorce Lawyer, divorce lawyer, bar complaint
divorce lawyer, bar complaint, friedman: Ronald, Assuming you live in the United States, you should contact the State Bar of the state you live in and file a bar complaint. Make sure you address the failure to communicate and failure to account. Very truly yours, Paul D. Friedman, M.A.,...

Legal Ethics: DUI conviction, thyroid medication, dui offender
thyroid medication, dui offender, booking officer: Stephanie, I don t think poorly of you for the DUI. As an attorney and as an ethicist, I encounter good people who make mistakes all of the time. It is nice you have taken responsibility and I urge you to keep a positive attitude that this is a learning...

Legal Ethics: damaged engine after theft, mercury mountaineer, insurance adjuster
mercury mountaineer, insurance adjuster, full tank: Steven, I will try and answer this question as briefly as possible. A) The insurance company is responsible to put you in the same position regarding the vehicle as the second before it was stolen. They only need to find a replacement motor and you are...

Legal Ethics: dating a lawyer, lawyer client, client relationship
lawyer client, client relationship, legal representation: Marie, Your later cannot date you while your case is ongoing if he met you during the legal representation. After the case is over and he has withdrawn as counsel, he can date you but it is highly discouraged and not a good practice. I wish you the...

Legal Ethics: deceased bank checking account, borel, time of death
borel, time of death, death certificate: Rena, I did not get another question. If the children are older than 18, they need to go to the bank. If they are under 18, you need to go to the bank. Most likely your state law will allow the transfer of a limited account with a death certificate....

Legal Ethics: having someone declared incompetent in a nursing home, elder health care, probate court
elder health care, probate court, horrible mess: Kacey, You would file an objection with the probate court when they request she be declared as legally incompetent. There should be a request for a guardian ad litem to determine what is in the person s best interests. It will be up to the judge or commissioner...

Legal Ethics: defamation of character, deformation of character, defamation of character
deformation of character, defamation of character, slander: Defamation of character can be either verbal (slander) or written (libel). Defamation is: 1) a statement (either verbal or written); 2) which the maker knows to be false; 3) published or made to a third party; 4) meant to cause a loss of reputation, humiliation...

Legal Ethics: defamation of character, child support arrears, defamation of character
child support arrears, defamation of character, divirce: Julius, I am sorry to hear about all of the hoops you had to go through to re-gain your status and deal with your divorce. You should speak to an attorney in Texas or Rhode Island since I am not licensed in either of those states and cannot give you...

Legal Ethics: defamation of character, defamation of character, tortuous interference
defamation of character, tortuous interference, proper proof: Karen, I am sorry to hear about your situation. Defamation involves: 1) publishing a false statement; 2) which the maker knows to be false; 3) intending to harm reputation; 4) which harms the reputation; and 5) causes damages. Some jurisdictions have...

Legal Ethics: defamation of my neighbor's character?, volunteer fireman, defamation of character
volunteer fireman, defamation of character, character question: If you were a witness or the complaining party, it would be beneficial to attend the hearing. I wish you the best. It is unfortunate that we cannot all treat each other with respect but some individuals do not share that same feeling. Very truly yours,...

Legal Ethics: deflamation of character, deflamation of character, defamation
deflamation of character, defamation, illegal activity: Brett, I cannot answer your question with the information you provided. Defamation involves a false statement which the supervisor knows or should know is false that lessens your reputation. If the false statement is about an illegal activity, it...

Legal Ethics: deflamation of character, deflamation of character, contractual relationship
deflamation of character, contractual relationship, best of luck: Lisa, I don t know what state you live in. If the school is in error and you legitimately did graduate, you may be able to sue for tortious intererence of a contractual relationship or negligence. I would contact the school and find out why they are providing...

Legal Ethics: deformation of charcter, deformation of character, defamation of character
deformation of character, defamation of character, charcter: Jami, It may be defamation of character if the person accuses someone else of having sexually transmitted dieseases to others if it is not true. It depends on whether it harms the persons reputation. Very truly yours, Paul D. Friedman, M.A., Ph.D.,...

Legal Ethics: a difference, valid confirmation, signing your name
valid confirmation, signing your name, sign documents: Dan, There is no difference if initialing is your signature. If the document calls for a signature, you need to sign using your signature which could be initials or an x if that is how you sign documents. The term putting an x on the document comes...

Legal Ethics: difference in terms, legal separation, religious purposes
legal separation, religious purposes, financial obligations: Jo, In most states there is divorce in which there is an end to the marriage and legal separation which may end the financial obligations of one spouse binding the other without an end of the marriage. Usually, a legal separation is used if one spouse...

Legal Ethics: distribution of Father's estate, general power of attorney, durable power of attorney
general power of attorney, durable power of attorney, power of attorney: John, Generally a Power of Attorney would expire with the person s death. Depending on state law, a General Power of Attorney may allow someone to access or change account information while the person is alive. Very truly yours, Paul D. Friedman,...

Legal Ethics: duty of a lawyer to client/attorney code of ethics violation, automobile accident, legal knowledge
automobile accident, legal knowledge, code of ethics: Kiki, You do not need representation or extensive knowledge to file a complaint with the State Bar. Either call them or look them up on the internet and file out the complaint form. They will do their own investigation and you have very little involvement....

Legal Ethics: Education legalitites, vancouver career college, american nursing association
vancouver career college, american nursing association, unsatisfaction: Martin, It depends where you live. If you live in the United States, there are accrediting agencies which you would notify as to your unsatisfaction. Also the American Nursing Association can withdraw accreditation. I suggest you have your wife speak...

Legal Ethics: Employee agreement, mile radius, factual question
mile radius, factual question, non compete clauses: Joe, Again, it is hard to give you an answer and I am not going to give you legal advice. I will, however, give you some practical advice. I don t know what state or country you live in but non-compete clauses are generally held under close scrutiny....

Legal Ethics: Employer trying to take me to collections, letter in the mail, fair credit reporting
letter in the mail, fair credit reporting, hr representative: Nick, If you owe your formal employer money, they can collect or hire a collection agency to do so. If you believe the amount is in dispute, write the collection agency it is in dispute and they will have to stop contacting you and not report it to your...

Legal Ethics: Estate Distribution, deceased daughter, deceased child
deceased daughter, deceased child, deceased sister: W.A., It has been a long time since I dealt with probate matters and am not going to give legal advice since I do not know where this hypothetical occurrred. I will be happy to share some general principles. First, the statutes of the state where this...

Legal Ethics: Ethical Question, work relation, personal relationship
work relation, personal relationship, conflict of interest: Nancy, It is not unethical in the hypothetical you provided as long as the attorney cannot use the vulnerability of the client to his or her own benefit. Generally, attorneys are allowed to represent friends and clients as long as there is no exploitation....

Legal Ethics: Ethics, physician referral, car wreck
physician referral, car wreck, remuneration: Mark, Great question. An attorney can refer you to a physician but cannot accept any remuneration (money or gift) for the referral. You, however, are not obligated to see that physician. If your attorney insists you see the physician referral, I would...

Legal Ethics: Ethics, allimony, laywer
allimony, laywer, financial distress: Yvonne, It could be unethical if the attorney is not acting in the best interests of the client and is not communicating with the client. However, attorneys don t generally like to work for free so it sounds unlikely the attorney would put in all that...

Legal Ethics: Ethics Question, negligence law, concise answer
negligence law, concise answer, pro tempore: Jodie, Great question and I wish I could give you a simple concise answer but I cannot. Some judges would hold that an attorney is acting as the agent of the client. As an agent, an attorney can legally bind a client. However, other judges would...

Legal Ethics: Ethics question, dr friedman, bar complaint
dr friedman, bar complaint, few suggestions: Frank, I have a few suggestions which may be helpful. The first is to find another attorney and request your retainer back. It does not matter how good of an attorney he is if you do not trust him and he does not communicate. The second option...

Legal Ethics: Ethics - to report past behavior?, kisses on the cheek, romantic relationship
kisses on the cheek, romantic relationship, sexual relationship: Heather, I am sorry to hear about your previous situation. I do find it fascinating that you disclosed how you felt at that time versus now that you have matured and digested his conduct. The reason why pedophilia is so dangerous is that it is an adult...

Legal Ethics: Ethics, theories of ethics, fundamental principals
theories of ethics, fundamental principals, code of ethics: Haq, I cannot answer your question because there is no code of ethics . Every discipline has a diffferent preferred code of ethics. Medicine acts on theories of ethics/morals and principles, which include: non-maleficence; beneficence; autonomy and...

Legal Ethics: EUTHANASIA, peterborough ontario, pacific standard time
peterborough ontario, pacific standard time, expertise knowledge: Nicole, I would be more than happy to speak with you about this topic. You can reach me on my toll free number on Friday at 1:30 in the afternoon. My toll free number is (800) 883-8888. I am in Pacific Standard Time and I am believe you are 3 hours later...

Legal Ethics: Expenses Paid by Client?, contingency fee basis, medical malpractice cases
contingency fee basis, medical malpractice cases, medical malpractice case: Thank you for the question Donnalee. Your question mentions expenses, not fees. These are two separate issues. Medical malpractices cases are often handled on a contingency fee basis, where the attorney s fee is one third of the amount recovered (or some...

Legal Ethics: Experts who are friends, napoleonic law, ethical duties
napoleonic law, ethical duties, personal friends: Corey, I am not licensed in Louisiana and do not know napoleonic law, however, I can tell you about some general principles. The experts should have been informed not to discuss the case with anyone, and especially not with each other. The plaintiff...

Legal Ethics: e-card concern, honolulu hi, friedman
honolulu hi, friedman, legal advice: RayM, Unfortunately, I cannot give legal advice over this site so I urge people to use their own common sense. The easy answer is the boss can sue whoever he/she wants but the question really is whether the boss would have a viable cause of action. ...

Legal Ethics: early termination fee (Tmobile), federal communications commission, agreement request
federal communications commission, agreement request, termination fee: Sonya, There are a few ways to protect yourself and your credit. First, ask for the contract containing your agreement. Second, put in writing to TMobile and the Collection Agency that you are disputing the termination fee and that under federal law...

Legal Ethics: espunged, licensing board, felonies
licensing board, felonies, felony: It depends on where you wish to be licensed. Some states allow licensure with some felonies. Most states allow for licensure with an expunged felony, however, it depends on the state and licensing board. Very truly yours, Paul D. Friedman, M.A., Ph.D.,...

Legal Ethics: ethics, aids medication, friedman
aids medication, friedman, patents: Haq, This is a difficult question to answer. It is certainly not legal in most instances to ignore patents. It may be ethical, even if illegal, to do so depending on your point of view. A utilitarian would say that the action which leads to the greater...

Legal Ethics: ethics, life ethics, double billing
life ethics, double billing, hourly billing: AJ, Excellent question and my answer is going to be different than the way most attorneys practice. I know from experience that a great number of attorneys double bill for traveling. It is my opinion as an ethicist that this is only acceptable if the...

Legal Ethics: ethics, exorbitant fees, insurance companies
exorbitant fees, insurance companies, friedman: Rita, This is ethical and you can make whatever arrangement per collection matter you wish. Insurance companies contract with attorneys all the time to handle each matter for a set number of dollars. I suggest you determine the average collection amount...

Legal Ethics: ethics in insurance, good faith and fair dealing, concrete question
good faith and fair dealing, concrete question, house agents: Sushil, This is really too vague of a question. I do not know what settings of insurance you are questioning but I will try and respond. Generally, in-house agents do not owe a fiduciary duty to their customers. They owe a duty of good faith and fair...

Legal Ethics: ethics-lawyer dating client, friend billy, ethical violation
friend billy, ethical violation, time bob: Kelly, If I am understanding you correctly, Billy is acting as your friend s attorney and is now dating your friend. In most jurisdictions, this would be an ethical violation if the relationship began as a result of the representation. If I do not understand...

Legal Ethics: ethics, s corp, fiduciary duty
s corp, fiduciary duty, legal counsel: Hamza, The answer to your question depends on a number of factors. It depends what kind of corporation you work for. If your boss or you are an officer and this is more than a S Corp or closed corporation, you or you boss owe a fiduciary duty to the shareholders....

Legal Ethics: euthanasia, robert latimer case, physician assisted suicide
robert latimer case, physician assisted suicide, comatose state: Sue, I believe that each individual has to answer this question based upon their own frame of reference. Personally, I support euthanasia with limitations. In ethics, we try and utilize the substituted judgment of the patient when possible. If this...

Legal Ethics: evidence, excited utterance, sense impression
excited utterance, sense impression, medical diagnosis: Rico, Hearsay is an out-of-court statement introduced to prove the truth of the matter asserted . There are multiple exceptions to hearsay such as a statement by a party-opponent or a statement against interest. The Federal Rules have approximately...

Legal Ethics: executor's negligence, probate attorney, fiduciary duty
probate attorney, fiduciary duty, executor: Lynn, It is nice to know someone is reading my responses. Yyou are the first one to ask me to clarify and I thank you for the opportunity. Accounting means that you have a right to see how much money and assets went into the estate and where the money...

Legal Ethics: executors mishandling of an estate., dispersement, assest
dispersement, assest, fiduciary duties: Cyndee, What your describing sounds like a breach of fiduciary duty and I strongly suggest you find a probate attorney in the state in which the probate is established to look after your best interests. Very truly yours, Paul D. Friedman, M.A., Ph.D.,...

Legal Ethics: Forged documents, false evidence, finance company
false evidence, finance company, false information: Susan, Based on the facts, I do not know why your attorney did not do a Request for Inspection to view the original documents. It is hard to be critical without knowing what your counsel was thinking. Your attorney should answer your questions which...

Legal Ethics: attorney fee dispute, status letters, two different things
Legal Ethics: attorney fee dispute, status letters, two different things, disciplinary board

Legal Ethics: Getting attorney to finish my case, word of advice, ochoa
Legal Ethics: Getting attorney to finish my case, word of advice, ochoa, houston tx

Legal Ethics: Best way to present text messages in court?, service provider companies, cellphone service
Legal Ethics: Best way to present text messages in court?, service provider companies, cellphone service, corporate security

Legal Ethics: Business Ethics, high voltage equipment, fan motor
Legal Ethics: Business Ethics, high voltage equipment, fan motor, dollar investment

Legal Ethics: college unethical behavior, legal bounds, dispersement
Legal Ethics: college unethical behavior, legal bounds, dispersement, ethicist

Legal Ethics: What constitutes as practicing law without a license., income taxes, adversary
Legal Ethics: What constitutes as practicing law without a license., income taxes, adversary, abe lincoln

Legal Ethics: Defamation of Character, public record, truth
Legal Ethics: Defamation of Character, public record, truth

Legal Ethics: Defamation of Character, federal health insurance, health insurance portability
Legal Ethics: Defamation of Character, federal health insurance, health insurance portability, health insurance portability and accountability act

Legal Ethics: DUI conviction, dui offender, call a cab
Legal Ethics: DUI conviction, dui offender, call a cab, simple solution

Legal Ethics: deflamation of character, private investigator search, preferential treatment
Legal Ethics: deflamation of character, private investigator search, preferential treatment, incompetence

Legal Ethics: Guardian ad Litem limits, divorcing parents, guardian ad litem
Legal Ethics: Guardian ad Litem limits, divorcing parents, guardian ad litem, s education

Legal Ethics: Jury Duty - Caregiver for a Child, state jury service, jury duty
Legal Ethics: Jury Duty - Caregiver for a Child, state jury service, jury duty, guardians

Legal Ethics: Jury Duty, summons, police officers
Legal Ethics: Jury Duty, summons, police officers, census

Legal Ethics: Length of time to be considered a "speedy trial", paul friedman, right to a speedy trial
Legal Ethics: Length of time to be considered a "speedy trial", paul friedman, right to a speedy trial, speeding violations

Legal Ethics: Public Adjuster, public adjuster, acceptable rate
Legal Ethics: Public Adjuster, public adjuster, acceptable rate, insurance commissioner

Legal Ethics: Rental Lease Agreement, landlord
Legal Ethics: Rental Lease Agreement, landlord

Legal Ethics: Stop payment problem, holder in due course, yardman
Legal Ethics: Stop payment problem, holder in due course, yardman, grocer

Legal Ethics: Ticket date, clerk of the court, mistake
Legal Ethics: Ticket date, clerk of the court, mistake

Legal Ethics: wills and executor duties, personal representative, duty of care
Legal Ethics: wills and executor duties, personal representative, duty of care, detriment

Legal Ethics: fallen tree branch, car windshield, acts of god
car windshield, acts of god, act of god: Debbie, You could be sued for anything at anytime. If you are sued, submit it to your homeowner s insurer and they have an obligation to defend you under your policy. You need to look at your policy to see if there is coverage. Tree branches that fall...

Legal Ethics: federal civil form question, federal jurisdiction, stipulation
federal jurisdiction, stipulation, errata: Most likely you can do this with an Errata depending on the federal jurisdiction. If one or more of the parties already answered, you may need to file a stipulation and order to amend with the name of the proper party name. Paul D. Friedman, M.A., Ph.D.,...

Legal Ethics: fedex failure, breach of contract, mortgage payments
breach of contract, mortgage payments, christy: Christy, Sorry to hear about your situation. It appears you have 2 choices. The first is to contact FedEx and try and negotiate for them to pay all or a portion based upon their breach of contract. The second is to file a lawsuit. It should be easy...

Legal Ethics: fee responsibility, fee agreements, legal bills
fee agreements, legal bills, siblings: Thanks for the question Jo Ann. I can t give specific legal advice over the internet because I do not know all the facts and I am not licensed in all states. However, I can give you some general information. You are not responsible to pay your parents legal...

Legal Ethics: fee, visitation matters, detial
visitation matters, detial, court dates: Thank you for the question Perla. Visitation matters can cost more than $1,500.00. It is unfortunate that you feel a lack of communication. Can you make an appointment to see your lawyer before Monday? Unfortunately I cannot give you specific legal advise...

Legal Ethics: former client, second wife, managing conservator
second wife, managing conservator, first wife: Kirk, Most likely the attorney would need you to sign another waiver. If you are applying to be the conservator for children from your first marriage, it may be a conflict which cannot be waived. I suggest you speak to an attorney in Texas to determine...

Legal Ethics: Guardian ad Litem limits, assistant principals, guardian ad litem
assistant principals, guardian ad litem, precident: Annie, I am going to answer this as best I can with the understanding I am not licensed to practice law in Tennessee. The only prescribed conduct for a guardian (unless she is an attorney) is by state statute. There is immunity for a guardian acting...

Legal Ethics: Guilty con-joined twin, innocent person, interesting questions
innocent person, interesting questions, prison sentence: Skye, I think this is one of the most interesting questions I have received but there is really no answer to it. There are three possible outcomes. The first is both go to prison which would violate the innocent twin s rights. The second option would...

Legal Ethics: ghosting documents, ethical violation, client business
ethical violation, client business, us district court: Joanne, It depends on the District. For instance, there is an ethical opinion in Arizona that ghost writing in some circumstances is permissible as long as the Court is not deceived. In some jurisdictions, ghost writing is not allowed and it amounts to...

Legal Ethics: Harassment?, nothing works, manors
nothing works, manors, negative comments: Aaron, What you are describing is poor manors but is not legal harassment. If your principal refuses to act, you should speak to your teacher or someone else you trust at that school. I would also suggest you tell your parents and allow them to speak...

Legal Ethics: Hello Paul, I don't know..., federal prosecution, double jeopardy
federal prosecution, double jeopardy, federal prosecutors: Doug, Sorry it took so long to respond but I was not in and the site should have let you know. Assuming this is in the U.S., the simple response to your question is no. That would constitute double jeopardy . However, if the person was tried in...

Legal Ethics: HIPPA, verbal consent, delicate time
verbal consent, delicate time, managers office: Jamie, Unfortunately, I think you nailed the problem. Your patient gave verbal consent and HIPAA requires consent in writing. You technically violated HIPAA, however, your patient does not appear to have a complaint. The difference with a family...

Legal Ethics: Hiring freeze, contractual relationship, posistion
contractual relationship, posistion, anwser: Tim, I am sorry to hear about your situation. I don t know where you live and will not be providing a legal opinion. I can t tell if it is a state statute violation. You may have a claim for tortious interference with a contractual relationship but that...

Legal Ethics: help, wont answer, money situation
wont answer, money situation, negative balance: Charlie, Sorry to hear about your situation. Although this is not an ethics question in any form, your solution is pretty simple. If you live in the United States, contact the Department of Labor and fill out a complaint. They will contact your former...

Legal Ethics: hi, tape recording, two letters
tape recording, two letters, anonymity: YOM, I do not give legal advice over the internet. I am not licensed to practice law in New York or Tennessee so it would be unethical and illegal for me to give you legal advice. I suggest you go to the following website to answer your question: ...

Legal Ethics: hippa law, pain meds, blood work
pain meds, blood work, local bar: Megan, Yes, you are correct if the facts are as you believe they are. You should contact an attorney immediately. I don t know if Iowa has a notice requirement Arizona has a notice requirement for municipalities, including county facilities which is very...

Legal Ethics: holding my check, double damages, state of arizona
double damages, state of arizona, applicable laws: Joanna, It depends where you live. For instance, an employer has a designated time to send the check in the State of Arizona. If they fail to fulfill that time limit, they can be assessed double damages in addition to the amount. I suggest you contact...

Legal Ethics: hy, privacy and confidentiality, confidentiality agreement
privacy and confidentiality, confidentiality agreement, marital counseling: Yom, I am going to answer your questions generically because I cannot give legal advice on this site nor do I know where you live. HIPAA requirements are very specific. The form of the consent is very specific and can be withdrawn at any time for any...

Legal Ethics: Independant Contract Canada Alberta, independant contractor, fitness company
independant contractor, fitness company, canada alberta: Rob, That may have been a quick question but the answer may not be so simple. If the contract does not address your training others (non-compete clause) then it does not seem they are correct. However, if there is a non-compete clause, it has to be reasonable...

Legal Ethics: Internet Auction Auto Fraud, civil trial attorneys, civil trial attorney
civil trial attorneys, civil trial attorney, auto fraud: Mike, You can legitimately file a lawsuit in your state since you signed the contract in your state. The seller can try and have it removed and it would be up to the judge but you at least have a jurisdictional argument. It may be difficult to collect...

Legal Ethics: Intro to business, ethics and morality, religion family
ethics and morality, religion family, personal code: Edik, My personal code of ethics, as most, is based upon upbringing. Religion, family values and acquaintenance values shape my code of ethics. My standards have not been compromised since I work in an ethics field. We all rationalize our decisions...

Legal Ethics: im interested in the legal field, north philadelphia, year rolls
north philadelphia, year rolls, legal profession: William, I have an undergraduate degree (4 years) and a law degree (3 more years). I also have a post-doctoral degree (2 years). Depending on they type of law you follow, it can be rewarding and interesting. I have been a lawyer for 15 years. I started...

Legal Ethics: insurance, own insurance, massage therapy
own insurance, massage therapy, career choice: Barb, Congratulations on your career choice. It is always a good idea for you to carry your own insurance if you plan on practicing as a licensed therapist. A good will certificate is meaningless with regard to having to defend yourself if you are...

Legal Ethics: Judge was a no show, constitutional right, state of georgia
constitutional right, state of georgia, court house: Evonne, Unfortunately, this is not an ethics question and I am not licensed to practice law in Georgia nor can I give legal advice on the internet. The general rule of law is that your son has a statutory and constitutional right to have his case heard...

Legal Ethics: Judicial Ethics, judicial ethics, wisconsin circuit court
judicial ethics, wisconsin circuit court, traffic offense: Mr. Ronson, The judge can deny the setting aside the verdict and you may not win on appeal because there was a finding of fact based upon the information which was available at that time unless there is newly discovered evidence which you could not have known...

Legal Ethics: Jury Duty - Caregiver for a Child, clerk of the court, jury duty
clerk of the court, jury duty, caregiver: Audrey, You may try listing this as a hardship and sending it to the Clerk of the Court. If the Clerk does not accept it, the judge or attorneys probably will if you show up for jury duty to be excused. Very truly yours, Paul D. Friedman, M.A., Ph.D.,...

Legal Ethics: Jury Duty, jury summons, bench warrant
jury summons, bench warrant, traffic offense: Karen, I do not know where you live and do not provide legal advice over the internet. I also could not advise you to do something illegal. Generally, when someone does not show up for jury duty via a subpoena or summons, the judge can issue a civil...

Legal Ethics: Jury Summons, jury summons, selling a property
jury summons, selling a property, jury service: Brian, Inconvenience due to international travel is a viable and excusable reason for postponing jury duty. I would submit the paperwork early to make sure you are excused and the court can re-schedule your jury duty. It is nice that you feel a civic...

Legal Ethics: job discrimination, industrial nurse, oxygen mask
industrial nurse, oxygen mask, ingrown hairs: Cathy, Sorry for any delay as I am having problems providing answers on this site. This is not unlawful discrimination but may be a violation of the ADA and it does not appear the company is making reasonable accomodations . If the company is doing this...

Legal Ethics: job ethics, medical appointment, personal packages
medical appointment, personal packages, hsn: Karen, I am sorry to hear about your daughter s situation. The owner s actions are legal and ethical. California is a right to work state and she can be terminated or quit anytime. If the boxes are too heavy, she needs to get a physician s note so...

Legal Ethics: judges, rape charge, unfit parent
rape charge, unfit parent, custody battle: Mrs. Mcneal: In most jurisdictions, I don t know where you live, a judge is allowed to comment in the courtroom about his/her inclination prior to ruling. If you believe the sheriff s office did not do its job, you should contact the attorney general...

Legal Ethics: juris prudence????????, juris prudence, lies and deceptions
juris prudence, lies and deceptions, honeymoon period: Judy; And I though judicial corruption was limited to Texas! The major problem you have here is something called the rule of necessity . It essentially holds that when the highest tribunal that may decide a case is faced with a conflict of interest...

Legal Ethics: kidney transplants in elders, kidney transplants, heart disease and diabetes
kidney transplants, heart disease and diabetes, kidney donor: Barbara, This is a very complex issue and I am sorry to hear about your father-in-law and this situation. First, consider that one can generally survive with only one kidney. This becomes problematic if the person is in danger of damage to the one kidney....

Legal Ethics: LAWYER FEES, lawyer fees, latshaw
lawyer fees, latshaw, plantiff: Thank you for the question Dana. You mentioned a Lien of Judgment , This sounds like a judgment may have entered against you in 1995. However you say the papers state that you have a right to answer in 20 days. You should go to the courthouse and ask the...

Legal Ethics: Landscaper threatening to put a lien on my home., small claims court, registrar of contractors
small claims court, registrar of contractors, formal complaint: Rodel, Sorry to hear about your problem and I want you to know I cannot give legal advice on this site nor do I know where you live. I would advise you to contact the registrar of contractors and submit a formal complaint against the contractor. If...

Legal Ethics: Law and Ethics in the medical field, summary judgement, motion for summary judgment
summary judgement, motion for summary judgment, homeopathic physicians: Sandra, I will try to answer each question, although, the last question needs more details. Hospital ethics committees should not be limited to physicians and rarely have actual bioethicists. Some physicians or healthcare providers believe they are...

Legal Ethics: Law question about commissioned sales, legal ethics, base salary
legal ethics, base salary, right to work state: Troy, I am sorry to hear about your situation, although, it has nothing to do with legal ethics. You are really asking for legal advice which I do not give over the internet. Also, I am not licensed to practice law in California and could not ethically...

Legal Ethics: Lawyer billing, legal conclusion, statutory procedures
legal conclusion, statutory procedures, selling a property: David, I can answer half of your questions. Unfortunately, I do not give legal advice over the internet and cannot give you legal advice anyway since I am not licensed to practice law in Rhode Island. The answer to the first question is that an attorney...

Legal Ethics: Lawyer dating ethics, appearance of impropriety, prosecuting attorney
appearance of impropriety, prosecuting attorney, good question: Bill, Good question. I don t know the location but it is generally not illegal. The question is whether it is ethical. Generally it is legally ethical to do this, although, it is problematic and certainly has the appearance of impropriety. I would...

Legal Ethics: Lawyer fees, lawyer fees, small claims
lawyer fees, small claims, recourse: Chris, It really depends on the contract. He has full recourse if he has a right to payment in full (which he probably does) if you do not pay him in a timely manner. For instance, he can turn it over to a collection agency which may affect your credit....

Legal Ethics: Lawyer gave free service, now charging over one year later., quantum meruit, separate ways
quantum meruit, separate ways, family friend: Dennis, It depends on your state but generally an attorney needs a written agreement. If there is no written agreement, the attorney may be able to collect on the equitable theory of quantum meruit. Quantum Meruit allows for the reasonable value of services...

Legal Ethics: Lawyer withdrawal, breach of fiduciary duty, retainer agreement
breach of fiduciary duty, retainer agreement, bar complaint: Jennifer, I am sorry to hear about your situation and suggest you do a few things. You indicated the case was already filed. If a lawsuit has been filed, your attorney needs your consent to withdraw or a Court Order. It sounds like you have a justified...

Legal Ethics: Lawyers Bill, missouri state bar, st charles county mo
missouri state bar, st charles county mo, oppion: Don, It depends on your agreement with the attorney. If there is nothing in writing, especially his hourly rate, then he is probably going to lose in a fee dispute. I would suggest contacting your attorney first and explaining your position and let...

Legal Ethics: Lawyers fee, bar complaint, case settlement
bar complaint, case settlement, 3 things: Peter, If you are entitled to money back, you can do 3 things. 1) Ask the attorney for your money back. 2) Sue him for the refund. 3) Submit a Bar Complaint to the State Bar of New Jersey. Very truly yours, Paul D. Friedman, M.A., J.D...

Legal Ethics: Layoff and Severance Pay, severance policy, severance pay
severance policy, severance pay, labor relations board: Pep, Sorry to hear about your situation. Contact your local Labor Relations Board. That may be an improper policy change but it depends on your state and the Labor Relations Board would have the answer. I wish you the best of luck. Paul D. Friedman,...

Legal Ethics: LEGAL QUESTION, lumbar pain, orthopedist
lumbar pain, orthopedist, replacement car: Patricia, I am sorry to hear about your son s situation. I used to handle these types of cases for 10+ years and am very familiar with your frustrations. It is customary for someone to utilize their savings because usually insurance companies (insurers...

Legal Ethics: Lease lagalities, local realtor, legal advice
local realtor, legal advice, leases: Julie, It depends where you live and I do not give legal advice over the internet. If I am not licensed where you live, giving legal advice would be illegal. Most states do not allow for a punitive claim for leaving while you are not under contract. ...

Legal Ethics: Legal Documents, legal document, legal documents
legal document, legal documents, james i: James, I work schedule is a document and it is legal but it is probably not a legal document as you are describing. A legal document would be a pleading or possibly a contract. A schedule is probably not a contract. First, it depends on whether you...

Legal Ethics: Legal Ethics, northwest airline, court proceeding
northwest airline, court proceeding, legal ethics: Tim, I am sorry to hear about this situation with your former attorney. I am glad that you were able to mediate and resolve the custody issue. Usually, attorneys will have you pay a retainer which may or may not be refundable. I assume your former...

Legal Ethics: Legal Ethics, canons of ethics, bankruptcy attorneys
canons of ethics, bankruptcy attorneys, legal ethics: Elle, This does not really have anything to do with ethics. An attorney has an ethical responsibility to treat individuals with candor (honesty) and owes his/her client a fiduciary duty. This means that he may be following his clients wishes and has to...

Legal Ethics: Legal Ethics, child custody case, legal ethics
child custody case, legal ethics, hand knowledge: Michael, You gave just the right amount of information for me to give you the correct answers. It is ethical for a family member to represent another family member. However, if the attorney (sister) is going to be considered as a witness for or against...

Legal Ethics: Legal Ethics/Conflict of Interest, child support checks, child support case
child support checks, child support case, legal ethics: Amanda, You are really asking me two questions. First, it is not legal for the ex-wife to perpetuate a fraud on the court by claiming she does not work. If her attorney knows this is her claim, he cannot ethically represent her if she continues to lie...

Legal Ethics: Legal Ethics, share office space, legal ethics
share office space, legal ethics, undue influence: Nicholas, There is nothing unthical about this situation as long as the 2 attorneys are not partners or in the same firm. It certainly does not sound very good but as long as they are not in the same firm, it is ethical as long as they do not discuss...

Legal Ethics: Legal publishing about medical patients, breach of fiduciary duty, breach of confidentiality
breach of fiduciary duty, breach of confidentiality, invasion of privacy: Kelly, I strongly suggest you do not identify your former patients by initials. Their confidentiality does not end with their deaths. You can be sued for breach of fiduciary duty or breach of confidentiality. In addition, it is a possible federal violation...

Legal Ethics: Legal signature for foreign exchange students, foreign exchange students, legal signature
foreign exchange students, legal signature, english spelling: Linda, It should be signed the same manner that it is addressed in the check. If it is in English, it should be signed in English. If it is in Russian, it should be signed in both so that the bank will cash or deposit the check. Very truly yours, ...

Legal Ethics: Legal, friedman, felony
friedman, felony, lawyer: Emerick, I don t know where you live but generally you have the right to sign or not sign the documentation. If you request a copy and they refuse, then you can elect not to sign. If this is a criminal felony matter involving you and you asked that...

Legal Ethics: Length of time to be considered a "speedy trial", civil traffic, speedy trial
civil traffic, speedy trial, rachel rachel: Rachel, A speedy trial is determined by the State law which in your case would be South Carolina. However, a speeding ticket is usually a civil traffic ticket and the criminal speedy trial date does not apply. There are some criminal tickets for reckless...

Legal Ethics: LIBEL, race atv, cc motor
race atv, cc motor, contractual relationship: Tony, If the people writing that you were caught cheating knew or should have known otherwise, you may have a cause of action for defamation (libel). You would have to prove that there is a loss of reputation and damages to be successful. Also, if your...

Legal Ethics: Liability?, transport companys, engine fire
transport companys, engine fire, shipping company: Adam, It all depends on your state law, the buyer s state law and most importantly, your contract. I would definitely file a police report and submit a claim to the carrier s insurance. I would also notify your buyer. If you contracted for the carrier,...

Legal Ethics: Life Insurance, life insurance application, life insurance company
life insurance application, life insurance company, providing answers: Lynn, Sorry for any delay as I am having problems providing answers on this site. It depends on the policy. One other reason is false information provided during a pendency period as specified in the contract. Another reason would be lack of payment of...

Legal Ethics: Living Wills, living wills, advanced directive
living wills, advanced directive, living will: Regina, Generally, the answer is no. However, you need to check with the state laws in the state you reside. Congratulations on having an advanced directive. Most people do not ever produce them. Also, make sure your family members and/or surrogates...

Legal Ethics: Louisiana ethics, state of louisiana, acceptable practice
state of louisiana, acceptable practice, friedman: Michele, I am not licensed to practice law in Louisiana but can relay that it is generally not an acceptable practice to date a client when there was not a pre-existing relationship prior to representation. Very truly yours, Paul D. Friedman, M.A.,...

Legal Ethics: labor law, right to work state, labor law
right to work state, labor law, seven years: Rachel, I am not certain what state or country you reside. However, if it is a right-to-work state or if you are not union, your employer has a right to cap your income. You have a right to find a new employer which will not cap your income. Probably not...

Legal Ethics: law, punitive damages, friedman
punitive damages, friedman: ET, I apologize but I have no idea what you are asking. I don t know what country you live or if in the US, what state. In the U.S., the police press charges. You can sue for punitive damages depending on the state or federal law but you cannot press charges...

Legal Ethics: lawsuit over missed appointment, cancellation fee, formal response
cancellation fee, formal response, travel fee: Cori, I think you owe him $65 for wasting his time. Why should you not be accountable for your own mistake? Why is it his responsibility to make sure you are courteous? I did not put this in a formal response because I don t want to embarass you, however,...

Legal Ethics: lawyer ethics and charges, contingent fee basis, lawyer ethics
contingent fee basis, lawyer ethics, auto insurance coverage: Marcelino, I am not certain where you live or where the accident occured but if the facts are as you state, it sounds like the attorney is committing fraud. First off, an attorney cannot unilaterally change the percentages of a contingent agreement in...

Legal Ethics: lawyer fees/ethics, debit card number, lawyer fees
debit card number, lawyer fees, bar complaint: Kim, I am sorry to hear about your parents divorce. If the attorney told your mom that he would notify her before taking money, it is not an ethical transaction for him to withdraw the money without her consent. The attorney owes a fiduciary duty described...

Legal Ethics: lawyer problem, lawyer problem, communications skills
lawyer problem, communications skills, sop: Marc: Unfortunately, your question is a fairly common one. Too many lawyers do not have good client relatons or communications skills. You are correct--it is always more difficult and inefficient to change lawyers in the middle of a case. sop I always...

Legal Ethics: lawyers, social security issues, power of attorneys
social security issues, power of attorneys, practice attorney: Thank you for the question Marc. Elder law is a fast growing specialty. You could talk to your general practice attorney about the issues that concern you. Your general practice attorney may suggest that you go to a specialist and give you a recommendation....

Legal Ethics: lease agreement, lease company, lease agreement
lease company, lease agreement, financial hardship: Robert, Your daughter could be sued for damages for breaking the lease if the terms of the lease are not honored. I suggest she find a replacement and see if the landlord is willing to accept the new tenant and let her out of the lease. I also suggest...

Legal Ethics: lease agreement, social security numbers, 18yr olds
social security numbers, 18yr olds, happy holidays: Rich, You are within your rights to refuse to sign the lease. Part of a contract is consideration. In consideration for the landlord providing a place, the boys are paying money. Both are giving consideration. If they have already moved in and it...

Legal Ethics: legal accountability, legal accountability, civil case
legal accountability, civil case, legal theory: Ronald, Legal Accountability means there is some theory or claim under the law to find culpability such as a crime or a theory to receive money by way of a civil case. Sometimes, people act in a way which may be immoral or unethical but it is not violative...

Legal Ethics: Why no legal advice online?, health care provider, attoneys
health care provider, attoneys, court tv: Jethro, There is a very clear reason why internet sites don t and should not allow legal advice. It is not because of money since I volunteer a great number of hours to different sites. The reason is because I can only practice law (provide legal...

Legal Ethics: legal age, age of majority, court approval
age of majority, court approval, emancipation: Susan, Age of majority in California is 18 unless the person is still in high school and then it is at graduation or when the person turns 19. A person can also apply earlier for emancipation but this needs Court approval. Paul D. Friedman, M.A., Ph.D.,...

Legal Ethics: legal ethics, legal malpractice attorney, legal ethics
legal malpractice attorney, legal ethics, ethical rules: Bill, I completely understand your frustration. Nine plus years sounds pretty unreasonable but it depends on appellate time or time to get it re-tried. I would recommend speaking to a legal malpractice attorney first. You should be entitled to interest...

Legal Ethics: legal ethics, fabulous skin, legal ethics
fabulous skin, legal ethics, skin care product: Tatiana, This is a simple matter of negotiating on an open market and occurs constantly. Store B negotiates that to sell product A, it will also have to sell product C. Unless product A or C is a harmful product, it should not be successfully sued. Company...

Legal Ethics: legal fees, pain and suffering, insurance company
pain and suffering, insurance company, car accident: Michelle, Without knowing all of the details, I just cannot answer the question. I make it a policy not to take more than my client. However, if I add up the numbers you list, it sounds like you receive $1,300. I will say that a $3,200 settlement...

Legal Ethics: legal papers, process server, good luck
process server, good luck, dawn: Dawn: I think I answered this last week, but I suggest that you check out findlaw.com Do a search for your state name and service or process. That should tell you what the rules are in your state, and the rules do vary state by state. Another way to...

Legal Ethics: legal question, judgment debtor, drywall work
judgment debtor, drywall work, small claims court: Wanda, I do not know where the judgment was obtained (State) but you can most likely request a judgment/debtor examination to find out where he banks and works to garnish his accounts or wages. You can also hire a collector in your area who will probably...

Legal Ethics: legal question, union grievance, right to work state
union grievance, right to work state, hottest place: Shanda, No problem at all. You would need to show they are discriminatorily enforcing the policy in violation of that protected class. Again, the protected classes are due to: 1) age; 2) race; 3) national origin; 4) sex; or 5) age. They can enforce...

Legal Ethics: legal signature, signature stamps, legal signature
signature stamps, legal signature, friend lives: Michelle, I do not know where your friend lives and do not give legal advice over the internet. Generally, a mark is the same as a signature. Stamps were utilized for centuries when individuals did not know how to read and write. X marks the spot...

Legal Ethics: legal term, preponderance of the evidence, burden of proof in a civil case
preponderance of the evidence, burden of proof in a civil case, burden of proof: Daniel, I assume the term prove-up means sustaining the burden of proof. In most states, the burden of proof in a civil case is preponderance of the evidence. This means more probable than not or proving the case by 50.1% or more. It is the burden...

Legal Ethics: legal term, county recorder, garnishment
county recorder, garnishment, creditor: Daniel, A judgment is a decision for money which is entered by the Court which can be recorded. It is usually recorded with the county recorder. Once there is a judgment, the creditor can try and enforce it through various means such as garnishment or...

Legal Ethics: who's liable?, vicarious liability, independent contractor
vicarious liability, independent contractor, friedman: Dave, The driver of the vehicle is liable. The rest depends on the laws in that jurisdiction. Some jurisdictions hold an indepenent contractor cannot bind the principle and other states hold there is vicarious liability. Very truly yours, Paul D....

Legal Ethics: lie, police report, courtroom
police report, courtroom, police officer: Brett, Usually proving someone lied to a police officer carries a huge amount of weight in the courtroom. It is easier to show the police had wrong information when making their decision becasue of the lie. This allows the jury to still believe in the...

Legal Ethics: Management company not renewing lease?, rent control, upper east side
rent control, upper east side, management company: Nikki, You need to consult an attorney in New York to determine your rights under rent control. Generally, a landlord can submit a non-renewal but it is different with rent-stabilization if you are the original tenant. Again, I suggest you speak to...

Legal Ethics: Mandatory Signature, disciplinary action, friedman
disciplinary action, friedman, signature: Dwight, It depends on your location but generally an employer or organization can require your signature on a policy. If you disagree with the policy, you can also write in that you disagree with the policy. Most employers will require a signature and...

Legal Ethics: Medical, california dept of health services, medical board of examiners
california dept of health services, medical board of examiners, board of medical examiners: Carl, You have damages but they are limited and it is doubtful an attorney would take the case for that amount. It is possible but unlikely an attorney would handle the case if you could show fraud or breach of fiduciary duty. It is unlikely DHS will...

Legal Ethics: Medical Confidentiality, health insurance portability, guidance counselor
health insurance portability, guidance counselor, medical confidentiality: Laura, YOu need to speak to an attorney in your state that deals with HIPAA law. HIPAA is the acronym for Health Insurance Portability and Accountabliity Act. The federal statutes are very specific as to proper authorizations and disclosures. I wish...

Legal Ethics: Medical Information, health insurance portability, health insurance portability and accountability act
health insurance portability, health insurance portability and accountability act, americans with disabilities act: Brandy, Thank you for the nice feedback. It is violative of HIPAA (Health Insurance Portability and Accountability Act) and potentially Title VII and the ADA (Americans with Disabilities Act). I wish you the best of luck and thank you again for...

Legal Ethics: Medical Records Release, medical ethicist, american medical association
medical ethicist, american medical association, medical records release: Lauri, I am sorry to hear about your health problems and the difficulty you are having getting your records. As a medical ethicist I can tell you that this is probably a case where there is not a consensus of opinions. The American Medical Association...

Legal Ethics: Medical, financial search, medical bill
financial search, medical bill, federal statute: Julia, I am sorry to hear about this situation. Interestingly enough, if they did a financial search without your authority, it may be a violation of a Federal Statute called the Fair Credit Reporting Act. You do not have to get a lien on your home and...

Legal Ethics: Misdemeanor Trial for Domestic Violence, trial 3, domestic violence
trial 3, domestic violence, misdemeanor: Wallace, If this is charged as a misdemeanor with $500/93 days in jail, it seems like your attorney shouild wait on the additional money. It sounds like the facts are in your mother s favor. I think it will be a good resolution and I suspect it will...

Legal Ethics: Moral Fiber, morals and values, doing my job
morals and values, doing my job, moral fiber: Aquana, I am not sure where you are going to lawschool but it sounds like you may want to consider a position other than law. I say that not because you can t be ethical in law, but because it sounds like you do not understand that law involves prescribed...

Legal Ethics: Mother living out of state placed in rest home by brother., hippa regulations, retirement funds
hippa regulations, retirement funds, medical decisions: Twilla, HIPPA regulations are very strict. You need to find out if they are willing to speak with you. If not, find out if your mother is legally competent, and if not, if you can become her conservator. If you become her conservator, the medical decisions...

Legal Ethics: medical power of attorney, medical power of attorney, conservatorship guardianship
medical power of attorney, conservatorship guardianship, limited power: Annie, In most jurisdictions, more than one person can have a limited power of attorney. HOwever, you need to check with the local laws to see if an assignee (your mother) can assign a POA from the assignor (grandmother). Most likely, your grandmother would...

Legal Ethics: medical records, estate representative, medical files
estate representative, medical files, medical practitioner: Donna, Most states require a medical practitioner keep medical files for at least 5 years. So the records may have already been destroyed. If they are not destroyed, you can fill out a HIPPA release which the provider may but does not have to honor because...

Legal Ethics: misleading, probate court, carol carol
probate court, carol carol, marq: Carol, If what she is conveying is true, it is ethical since she as the trustee cannot seel something unless it is listed in the estate and subject to the heirs approval. The trustee owes a fiduciary duty to the estate which includes the heirs. She only...

Legal Ethics: misrepresentations made to court, child support amount, courts office
child support amount, courts office, clerk of courts: Tom, Sorry to hear about the Court delay. We normally do not contact the judge when we are waiting on a decision because we do not want to stir the pot or get the judge upset. I wish you and your wife the best. Very truly yours, Paul D. Friedman,...

Legal Ethics: Need help, medical neglect, bleeding from the bowel
medical neglect, bleeding from the bowel, web md: Julie, I am sorry to hear about you and your husband s situation. I strongly suggest you contact an attorney in your state. You cannot force an early release. There is nothing else you can do but it is important for you to get legal help. I wish...

Legal Ethics: Neighbors tree, monterey pine, pine needles
monterey pine, pine needles, encroachment: You need to contact a realtor in California. Unfortunately, I am a realtor and attorney in Arizona but do not know California law on this subject. His tree is considered an encroachment and I would first ask him to trim the tree encroaching on your property...

Legal Ethics: Non-Compete Agreements, consulting partnership, equity ownership
consulting partnership, equity ownership, employment consulting: Libby, These types of agreements are not favored by the court but are enforceable if limited to time, distance and necessity. I cannot comment as to whether this particular agreement would be valid, that would be up to a judge in your jurisdiction. ...

Legal Ethics: Is this normal conduct for a lawyer?, mail man, jewish lawyer
mail man, jewish lawyer, christian attorney: Don t ask me what is normal conduct for a Christian attorney; I m a Jewish lawyer (g). Yes you did ask me a question about a co-tenancy with the new bf. A lawyer has a duty to use the law to serve the best interest of the client. Her duty isn t to save...

Legal Ethics: Obtaining a refund of attorney fees, arbitration programs, fee arbitration
arbitration programs, fee arbitration, small claims court: Melissa: I understand why this is so frustrating to you. I suggest that you do the following: 1. Tell the lawyer you want the rest of the refund of the $425 that he promised ($500-75). You think the $75 is fair, given how little they did on the case,...

Legal Ethics: Opinion wanted!, practice lawyer, jane doe
practice lawyer, jane doe, marital advice: Debbie, I certainly cannot give legal advice over the internet nor would I want to give marital advice. I cannot think of any reason why your having the same last name would have any effect on liability. If he gets sued, you are going to be named either...

Legal Ethics: offsetting client credit balance in one case against fee due on another case, contingency fee basis, hourly fee basis
contingency fee basis, hourly fee basis, fee contracts: Alan: I do not practice law in Florida. To get specific legal advice on Florida law, you would have to consult a lawyer licensed in Florida. In general, your question goes to what the contract provisions are. It is not unusual for a lawyer who is handling...

Legal Ethics: online business, selling jewelry, jewelry business
selling jewelry, jewelry business, friedman: Johann, You can do one of 2 things. The first is to tradename the name. As long as it does not already have a tradename, you would be the legal holder. The second is to attempt to buy it from the current holder. Very truly yours, Paul D. Friedman,...

Legal Ethics: order of the court, civil judgment, appeal procedure
civil judgment, appeal procedure, generic terms: Unfortunately, I cannot give you legal advice unless I am licensed where the lawsuit was filed. Also, this site does not allow me to give legal advice. In generic terms, the only way to stop a civil judgment is an appeal after posting a bond. Paul D....

Legal Ethics: oversight committee special prosecutor, legislative oversight committee, whos purpose
legislative oversight committee, whos purpose, government corruption: Earnest, A legislative oversight committee is usually formed and under the direction of the legislative branch. They may appoint a judicial officer to oversee the committee, however, this is still a legislative function. Enforcement is usually an executive...

Legal Ethics: Parked car damaged at friend's house during BBQ, auto body shop, blue paint
auto body shop, blue paint, bad feelings: Mechelle, It does not do you any good to report this to your insurer since your deductible was larger than the amount of the damages. I suggest you send the person the bill and let him know you will be forced to sue him if he does not pay. If he refuses,...

Legal Ethics: Payroll confidentiality, employee payroll, confidential interview
employee payroll, confidential interview, pay raise: Rory, I can answer that question on a global scale and am certain it is not what you believe. There is no federal law prohibiting that information nor is there confidentiality. I don not know South Carolina law but I would strongly suggest there is not...

Legal Ethics: Philosphical question, principle of autonomy, lengthy dissertation
principle of autonomy, lengthy dissertation, supreme court case: Vicki, I would have a hard time answering your question within a lengthy dissertation. The law does not mandate that the citizens decide how or when their life should be ended, although, suicide is generally not against the law. However, most bioethicists...

Legal Ethics: Power of Attorney Advice, conservatorship, attorney advice
conservatorship, attorney advice, financial decision: Carrie, I do not know where you live nor do I give legal advice over the internet so I will respond to your question by using general principles. A Power of Attorney is different than a conservatorship or guardianship. A Power of Attorney gives the...

Legal Ethics: Power of Attorney, enduring power of attorney, health care power
enduring power of attorney, health care power, texas thanks: Lawrence, The only thing you can do is have your dad declared incompetent, if you believe he is incompetent. You would then request to be his conservator. Until then, your dad is free to designate or re-designate whoever he wishes. Very truly yours,...

Legal Ethics: Power of attorney advice, oncology department, carcinomatosis
oncology department, carcinomatosis, chemo treatments: Sandra, I am sorry to hear about your mothers passing. The oncology department is following HIPPA requirements. You can file a probate to have you instated as the personal representative of her estate. As the personal representative, you can sign the release...

Legal Ethics: Privacy Law, joint commission on accreditation of healthcare organizations, department of health services
joint commission on accreditation of healthcare organizations, department of health services, louisiana department: Angie, I am not licensed to practice law in Louisiana and do not give legal advice over the internet. However, I can help you with this situation from a medical ethics standpoint. If the chairman of the board is not a physician, it would be unethical...

Legal Ethics: Private car sale, caveat emptor, private owner
caveat emptor, private owner, car sale: Patty, Her rights depend on the laws in the state where the transaction occurred. In some states, it is caveat emptor which is buyer beware and the buyer is responsible once the transaction concludes. She may have a claim for fraud if the seller told...

Legal Ethics: Private used car sale, breach of contract, driving condition
breach of contract, driving condition, car sale: Shane, I am sorry to hear about your situation. The buyer has a potential claim for breach of contract. If she shows that you knew of the damage she has a claim for fraud or if she can prove you should have known, she has a claim for negligence. ...

Legal Ethics: Property values, ethical problem, producing company
ethical problem, producing company, providing answers: Christina, Sorry for any delay as I am having problems providing answers on this site. There is no ethical problem in overpaying as long as it is not fraudulent or a misrepresentation. The buyer is put on public notice per the assessor s records. I hope...

Legal Ethics: Public Adjuster, public adjuster, adjustor
public adjuster, adjustor, fire policy: David, Do your research and decide if your insurer is being fair. You may wish to bring in a public adjustor or a general contractor to determine the value of loss. You need to feel you have been treated fairly. Very truly yours, Paul D. Friedman,...

Legal Ethics: Public Records, county recorder, recourse
county recorder, recourse, public records: David, I could probably help you if you give more information. If you need court records, there may be internet access depending on the county. The same is true for property or lien records. It really depends on the public records you are trying to access...

Legal Ethics: paralegal, national federation of paralegal associations, national federation of paralegal
national federation of paralegal associations, national federation of paralegal, national association of legal assistants: Scott, Some states have certifications for paralegals while most states do not. There is also certification by the National Association of Legal Assistants (NALA) and National Federation of Paralegal Associations (NFPA). You can view the criteria for...

Legal Ethics: paralegals, drug felon, document preparation service
drug felon, document preparation service, paralegal: Lesley, In most jurisdictions, a felon can become a paralegal. Most states do not require licensure of paralegals and they act under the capacity of an attorney or for a document preparation service. Some states have certified paralegals or document preparers...

Legal Ethics: payment contract, debit card number, mail order
debit card number, mail order, payment contract: JPMN777, The only way to answer that question is to look at the documentation. If there is no documentation, then they can take the deductions at reasonable increments. I suggest you contact the company to determine the duration between the increments....

Legal Ethics: personal representative, wrongful death claim, medical malpractice
wrongful death claim, medical malpractice, claim deed: Kathleen, I am sorry to hear about your mother s passing. In some jurisdictions, you may not have to set up an estate to pursue a medical malpractice/wrongful death claim. The claim becomes a loss of consortium claim on behalf of the surviving spouse...

Legal Ethics: personnel files, local school board, sorry for the confusion
local school board, sorry for the confusion, counselings: Perhaps they wish to look at the reviews, critiques, counselings and any actions taken on behalf of the teachers. I think the teachers should hire an attorney to determine if they are entitled to review your confidential personnel files in the first place....

Legal Ethics: petition, business ethics, correct person
business ethics, correct person, us supreme court: Carol, Congratulations on the result of your case. This is a question I can answer. I assume you live in the U.S. but do not know what state you live in. An appeal will only be successful if there was a misapplication of law. I assume the first case...

Legal Ethics: please help, breach of confidentiality, confidentiality issues
breach of confidentiality, confidentiality issues, right to work state: Lisa, Arizona is a right to work state which means that you can be terminated or quit for good cause or no cause. However, you cannot be terminated for bad cause. Firing someone for having cancer may constitute bad cause depending on the circumstances,...

Legal Ethics: police brutality-excessive force, contingency fee basis, maranda rights
contingency fee basis, maranda rights, police brutality: Maybe. One huge problem is that juries tend to sympathize with the police, and don t have much use for plaintiffs who appear to have started it . The thing to do is to test the value of the case by trying to find an attorney who will handle the matter...

Legal Ethics: power of attorney, general power of attorney, overide
general power of attorney, overide, lisa lisa: Lisa, Without giving you legal advice because I do not know hwere you live and do not provide legal advice over the internet, general principles dictate that a power of attorney does not override contracts or promises. As you describe, your husband s...

Legal Ethics: power of attorney, legal gardianship, legal guardians
legal gardianship, legal guardians, dying from cancer: Sandy, A Power of Attorney gives the holder the right to make decisions expressed within the agreement and can generally by revoked at any time. It is vastly different from Guardianship which is a Court process in which the guardian can make all legal...

Legal Ethics: power of attorney, court jurisdiction, american citizenship
court jurisdiction, american citizenship, british citizen: Elise, I am sorry to hear about your mother s condition and wish you and her my best. I am going to answer your question as best I can without giving legal advice since I am not licensed to practice law in the UK. I am not certain what you are referring...

Legal Ethics: premature birth, having twins, birth experience
having twins, birth experience, premature birth: Shannon, I am sorry to hear about your precipitous birth experience. The simple answer is you may have a viable cause of action. However, I would need to see the records and have hire experts to determine if the OB/GYN fell below the standard of care...

Legal Ethics: private sale of used car, caveat emptor, york attorney
caveat emptor, york attorney, state of new york: Eric, You need to speak to a licensed attorney from the State of New York. Some states are oriented to caveat emptor or let the buyer beware so that he buys the car at his own risk and has the responsibility to have it checked out. Other states follow...

Legal Ethics: private used car sale, smog test, smog check
smog test, smog check, california dmv: I am not certain about California law, however, I would guess it is a caveat emptor (buyer beware) state. Unless you had knowledge it would not pass inspection, you probably do not have any legal obligation to pay for the repair. I think he is not being...

Legal Ethics: probate court, probate court, valid reason
probate court, valid reason, ahold: Tonja, I can t answer this question as I cannot second-guess your attorney. There may be a valid reason why probate needs to be established. I don t know what state you live in so I cannot answer your question for costs. You need to get ahold of your attorney....

Legal Ethics: problem with a mechanic, better business bureau, marine mechanics
better business bureau, marine mechanics, boat owner: Eric, I suggest you contact the Better Business Bureau and any professional organizations that marine shop uses in its advertising. Be careful because the mechanic may be able to file a mechanic s lien depending on your location. If you have them put...

Legal Ethics: publishing, speling mistakes, us supreme court
speling mistakes, us supreme court, lawfirm: My lawfirm took the case to the US Supreme Court in 1974. Bates and O Steen v. State of Arizona. We are allowed to advertise in the US due to our case. However, the advertisements must be truthful and approved by the State in which they are utilized...

Legal Ethics: Question, legal ethics, codes of ethics
legal ethics, codes of ethics, code of ethics: Gima, I am not certain I understand your question but will give it a try. Legal ethics in the United States started with the American Bar Association in response to perceived and real unethical behavior by attorneys. The State of Alabama derived the...

Legal Ethics: Question asked while you were on vacation
Dwayne You cannot send questions while I an expert is on vacation. I suspect I answered it and you you did not pick it up. I checked all of my questions in the last few weeks and don t see anything from you. What was topic? Any questions pending...

Legal Ethics: Question about a lawyer, bar complaint, court fines
bar complaint, court fines, ethical responsibility: Maggie, While the lack of communication is all too common, it is still unethical. An attorney has an ethical responsibility to communicate, act competently and act in the best interest of the client. The facts as you state them show a lack of communication,...

Legal Ethics: Question, better business bureau, breach of contract
better business bureau, breach of contract, time workers: Sammie, Sorry to hear about your situation. You have a few alternatives. You could sue them for breach of contract. You could turn them into the Better Business Bureau. You could contact the attorney general s office if you believe they committed...

Legal Ethics: Questions about Lawyer, deserving party, pain and suffering
deserving party, pain and suffering, medical fees: Nina, I cannot answer the questions you asked but can provide you with some very solid advice. I do not know your attorney and cannot tell you his motivation or whether he is acting in your best interest. I also do not know where you live or the make...

Legal Ethics: question, friedman
friedman: Florina, The daughter living outside of the U.S. should have the same rights as all the others. Title of the property in the state in which the property is located should determine the rights of the owners. I hope this sufficiently responds to your...

Legal Ethics: Rental Lease Agreement and Individual Adendums, rental lease agreement, mo lease
rental lease agreement, mo lease, addendums: Alisha, It really depends on the state and local laws in which the property is located. It would be clearer if the monthly amount was broken down by month but it appears clear that the other amounts are addendums which are additions. Any ambiguity would...

Legal Ethics: Rental Lease Agreement, rental lease agreement, breach of contract
rental lease agreement, breach of contract, request verification: Rebekah, Your reasoning sounds correct and the lease is controlling. You need to get a copy of the lease to see if there is a provision for increases while the lease is still in effect. I suggest you pay you request verification in writing as to what...

Legal Ethics: Renter dispute, floor tiles, getting a divorce
floor tiles, getting a divorce, living in florida: Mr. Santamaria, I am sorry to hear about your situation and wish you the best of luck reconciling with your spouse. It sounds as if you want to get out of the lease . If nobody signed a lease , you are on a month-to-month situation and you need to give...

Legal Ethics: Representing my self, pennsylvania rules of civil procedure, pa rules of civil procedure
pennsylvania rules of civil procedure, pa rules of civil procedure, rules of professional conduct: Cindy: I cannot advise you about Pnnsylvania law; only a lawyer admitted to practice in PA. can do that. I can offer some general guidelines. First, if you are not a lawyer, the PA. Rules of Professional Conduct do not apply to you. Such rules only apply...

Legal Ethics: Requirements of full disclosure by executor, probate attorney, personal bills
probate attorney, personal bills, full disclosure: Bob, I am sorry to hear of your mother s passing. In most jurisdictions, an executor or executrix owes a fiduciary duty to the beneficiaries. This is a duty of: 1) care; 2) obedience; 3) loyalty; 4) accounting; and 5) notice. If you live in one of...

Legal Ethics: Research on a case, legal journals, legal ethics
legal journals, legal ethics, stealing money: Sarah, Cases are not reported in legal journals unless they are appellate and this was not an appeal. Additionally, legal reporters are regional and unless it was an appeal and I knew the region, I could not locate it. I don t have any other resources other...

Legal Ethics: Responsibilies for Notaries Public, notaries public, notarial acts
notaries public, notarial acts, commonwealth of massachusetts: Dennis, Thank you for the follow-up. It looks like the Notary is potentially culpable under both 6(a)(3) and possibly 6(a)(4). It would be a factual issue as to how the person acted. However, it looks like a an objective standard. This means that...

Legal Ethics: Responsible for charges???, malpractice claim, felony charge
malpractice claim, felony charge, legal malpractice: Sandra, Your friend is responsible for both the underlying act and the failure to submit the withdrawal form. Your friend could do 2 things regarding getting a new attorney. I assume this is a felony and he could ask for a public defender if he cannot...

Legal Ethics: Right to my legal records, voice mail, legal purposes
voice mail, legal purposes, medical records: I suggest you contact the Deleware Bar and relate that you are having a problem getting your file and inquire as to the ethics requirements of that jurisdiction. There is no book but they have answered this same question countless times and I would be shocked...

Legal Ethics: real estate, registered sex offender, association of realtors
registered sex offender, association of realtors, good question: Bill, Good question. I don t know what state you live in and this is state specific. However, in most states you cannot disclose this information but you can inform the potential buyer what websites they can look at to make that determination. In...

Legal Ethics: realtor ethics question, errors and omissions insurance, legal recourse
errors and omissions insurance, legal recourse, s broker: Christy, I am not licensed to practice law in Virginia and cannot ethically or legally give you legal advice. However, a selling agent/broker who knows of defects and fails to inform the buyer through omission or commission, is breaching his/her duty of...

Legal Ethics: representation by family member, irs hearings, lawyer son
irs hearings, lawyer son, administrative hearings: Ian, If you are asking if a non-lawyer (son) can represent his father, the answer is that he cannot in litigation represent his father. This constitutes practicing law without a license. However, some administrative hearings allow non-lawyer representation...

Legal Ethics: My rights?, sullivan county tennessee, public records request
sullivan county tennessee, public records request, formal complaint: Jannae, Go to the records department at the police station and submit a written request. They may charge. If they are reluctant or unwilling to produce the records, prepare a public records request. If they are not willing, I would ask to speak to the...

Legal Ethics: Search Warrants, search warrant, search warrants
search warrant, search warrants, criminal investigations: Gary, That was a very good question. First off, it is most likely a civil penalty so a search warrant is not needed. Let s assume it was not weeds but something illegal. As long as it is in clear view , police do not need a search warrant. As far...

Legal Ethics: Search warrant, false imprisonment, yuma az
false imprisonment, yuma az, search warrant: Rhonda, It sounds like that may be enough of a discrepany to throw the case out. It would certainly be thrown out if that was the only evidence against you. I strongly suggest you contact Brian E. Smith in Yuma. He is Certified in Arizona and has a...

Legal Ethics: Shalom--- Question about a term, universal law, federal trade commission
universal law, federal trade commission, walmart: Dan, There is no universal law on the term new . However, the Federal Trade Commission has regulations on products which can utilize that word. This is the reason that new or new and improved can only be used for a certain period of time (such as...

Legal Ethics: Slander: Defamation of Character, defamation of character, elements of defamation
defamation of character, elements of defamation, slander and libel: Napoleon, Even though there is no question here, I assume you wish to know the elements of defamation. Slander and Libel make up defamation. Slander is verbal and libel is written. To prove defamation (or in this case libel), you need to show: 1)...

Legal Ethics: Slander or Defamation of character?, defamation of charcter, defamation of character
defamation of charcter, defamation of character, false fact: Based upon the facts you stated, it does not sound like you would have a viable case of defamation. She is expressing her opinion and opinions do not amount to defamation. If she stated you were a pedophile, this would probably be actionable defamation because...

Legal Ethics: Slogan Claims, sophomore college, bold claims
sophomore college, bold claims, school of film: KC, That is an interesting question. Many companies claim to have the best product. If there is a competing company who believes they have a better product, they can sue and have the issue shown in court. Another way is to contact the governing agency...

Legal Ethics: Small Business Ethics, citizens advice bureau, charitable association
citizens advice bureau, charitable association, business ethics: Hello Susan i am afraid laws vary depending which country you are. If you were in britain, i would suggest you contacted the citizens advice bureau. in the USA you might find similar charitable association enabling you to find out what you really...

Legal Ethics: Stop payment problem, local grocery store, yardman
local grocery store, yardman, legitimate purpose: Judith, I do not know what state you live in nor can I give you legal advice. It seems this problem is between your bank and the grocery store. I would suggest you contact your bank to verify that you put a stop payment in and that the grocery store contacted...

Legal Ethics: Subrogation, health insurance company, attorney fee
health insurance company, attorney fee, subrogation: Sandy, Based upon what you are saying, the attorney was only to receive 1/3 fees for anything above $28,000. I assume the attorney had costs of $3,500 which is what he was paid by your son. If the $28,000 included the property damage for subrogation,...

Legal Ethics: Summary Judgments?, fith element, summary judgments
fith element, summary judgments, fifth element: Dean, Your question makes total sense. The answer depends on how the appeal is framed. It would be incumbent on the defendant s counsel to point out that even though the trial court found elements 1-4 were in issue, that one of those elements is really...

Legal Ethics: sale of parent's house, inheritance taxes, napoleonic law
inheritance taxes, napoleonic law, probate court: Laurie, I am not going to give you legal advice since I am not licensed in Louisiana and do not follow Napoleonic law. However, generally property passes upon death by rights of survivorship, marriage or testate (will). If your mother did not leave the...

Legal Ethics: sanctions question, motion for sanctions, friedman
motion for sanctions, friedman, sanction: Diane, The attorney can continue the case but you or your attorney (if you have one) should file a Motion For Sanctions for the counsel not paying the $5,000. You can request order a sanction of more money or for a contempt order and you can report this...

Legal Ethics: school policies, legal adults, personal cars
legal adults, personal cars, honor students: Maria, That expert wrote me before providing you with a response. I am not aware of any prohibition anywhere in the United States that indicates a closed campus is against the law. I also do not give legal advice and would urge you to speak with an advocate...

Legal Ethics: school, americans with disabilities act, ada cases
americans with disabilities act, ada cases, americans with disabilities: Linda, The first suggestion I have is to go see an attorney who specializes in ADA cases (generally an employment attorney). This sounds like a violation of the Americans with Disabilities Act. You should ask to speak to the Dean of the program. Explain...

Legal Ethics: seach warrant, pot plant, search warrant
pot plant, search warrant, state of colorado: Amy, I am not going to give you legal advice and advise you to speak to a criminal attorney in Colorado. Generally, when someone gives the police permission to enter a premises, no warrant would be necessary. If nobody objected to the police entering...

Legal Ethics: search warrant, anxiety attack, search warrant
anxiety attack, search warrant, 2 friends: Denise, Sorry to hear about your situation. Your refusal to allow or stop a search is not probable cause in Arizona. Your behavior may be evidence for the police to go to the Court and request a search warrant and it would depend on the judge as to whether...

Legal Ethics: Being served papers, majority age, service provision
majority age, service provision, eye injury: Rachael, I do not give legal advice nor do I have any way of knowing where you live to tell you if this is valid service. In many jurisdictions, service can be completed by leaving the papers with a person of majority age (18+) in the household where...

Legal Ethics: settlement agreement, principal client, binding agreement
principal client, binding agreement, settlement agreement: Warren, Generally an agent (attorney) can bind the principal (client), however, many jurisdiction will not look favorably on a settlement if you disagree on the terms immediately. I suggest writing your complaints to your attorney right away and keep a...

Legal Ethics: settlement payout, deposition, friedman
deposition, friedman, lawyer: Thomas, First of all, congratulations on your successful outcome. I cannot tell you if you are right or wrong. You need to request a detailed breakdown from your attorney. You are entitled to a complete breakdown in every state. Most likely you...

Legal Ethics: not my signature, hypothetical situation, fact finder
hypothetical situation, fact finder, legal contract: Augusto, That is a very good question. It depends on the jurisdiction. Each state and country would have a different resolution. Generally, contracts were signed in the distant and not so distant past by signing a mark . If someone handwrites not...

Legal Ethics: Is this slander/libel of any kind?, hair follicle test, libel slander
hair follicle test, libel slander, drug addict: Jason, There is usually a qualified or complete immunity for allegations made in Court. I am not licensed to practice law in South Carolina and suggest you speak to an attorney locally to give you legal advice. Very truly yours, Paul D. Friedman,...

Legal Ethics: speedy trial, right to a speedy trial, probable cause
right to a speedy trial, probable cause, good job: Mike, I do not give legal advice over the internet and am not licensed to practice law in Massachusetts. It sounds like your attorney is going a good job and I am certain he/she would file a Motion to Dismiss if your right to a speedy trial is violated....

Legal Ethics: state attorney general, ottawa county michigan, pro bono attorneys
ottawa county michigan, pro bono attorneys, michigan attorney general: Patricia, Your story does not seem far fetched at all. I seriously doubt the Michigan Attorney General s Office will be much help. All of this is from the Judiciary Branch. Your husband should contact legal aide to seek help if you cannot find an...

Legal Ethics: statute of limitations -felony, felony charges, statute of limitations
felony charges, statute of limitations, burglary: each potential crime has different statute of limitations so it is not possible to answer your question based solely on the fact the charge is a felony. In other words, murder has no statute of limitations while burglary would. You need to consult with an...

Legal Ethics: stereo removal, better business bureau, stock radio
better business bureau, stock radio, stereo receiver: Randy, I do not know where you live. I would suggest speaking to the General Manager of the dealership and letting him/her know you will file a complaint with the State s Attorney General and the Better Business Bureau. Usually, it is not worth the hassle...

Legal Ethics: stop payment on check for construction work, faith dispute, paint color
faith dispute, paint color, paint store: Katheryn, I am sorry to hear about this situation. I do not give legal advice over the internet nor do I know where you live or even if you live in the United States. You write articulately so I would send a certified letter and let him know you are...

Legal Ethics: store backing out of my purchase., legal recourse, home improvement store
legal recourse, home improvement store, breach of contract: Mario, You probably do have legal recourse. From the facts you present, it sounds as if you have a potential claim for breach of contract or specific performance. In a claim for breach of contract, you may be able to derive monetary compensation for...

Legal Ethics: T-Mobile Early Termination Contract, termination agreement, documentation documentation
termination agreement, documentation documentation, eidson: Mike, Documentation, Documentation, Documentation. You need to put in writing that you are disputing the bill and the reason for the dispute. You need to send this to T-Mobile and put in writing that if it is reported negatively on your credit, you...

Legal Ethics: T-Mobile Early Termination Contract, mobile cell phone, months service
mobile cell phone, months service, termination fee: Michael, Under Federal Statute, they cannot report you to a credit agency if you have a legitimate dispute. Write a letter (keep a copy for your file) to T-Mobile disputing the amount and ask for documentation. When the credit agency calls, tell them the...

Legal Ethics: Teachers benefits package - ethical?, grandchildren, friedman
grandchildren, friedman, mom: Meghan, This is an ethical and lawful benefit to entice teachers to bring their children to the school for the convenience of the teacher/parent. Like most benefits, there is no compensation if it is not utilized. The school does not have to compensate...

Legal Ethics: Telephone Recording, paul friedman, federal jurisdictions
paul friedman, federal jurisdictions, fcc regulations: Philip, This is a more complicated question than we probably realize. The FCC regulations mandate that all calls being recorded must inform the person of the recording and receive consent. Some federal regulations mandate a beep every 10 seconds as a...

Legal Ethics: Ticket date, arrest warrant, carelessness
arrest warrant, carelessness, mishap: The Court will most likely find you guilty and issue a civil arrest warrant which would be applied if you get stopped by the police in the future. There is most likely something on the ticket which indicates you are to check the time and place and it is your...

Legal Ethics: Tracking down info from my lawyer who is now deceased, definitive answer, best of luck
definitive answer, best of luck, friedman: Sallie, In most, if not all, states an attorney has to keep files for a certain period of time. Contact the bar of the state in which the attorney resided and inquire with them who would have the files. They should be able to give you a definitive answer....

Legal Ethics: tauntung, legal recourse, ethical rules
legal recourse, ethical rules, snide comments: Debbie, Your inquiry is a little vague. Specifically, I do not know where this occurred and in what setting. Also, I do not give legal advice but will try and respond with general concepts. First, the State Ethical Rules govern the conduct of the attorney...

Legal Ethics: termination, disibility, calbar
disibility, calbar, employment attorney: I don t know specific California law and could not give you specific legal advice in this forum. It depends on the company, the disability, the number of employees, etc. I would suggest you contact an employment attorney in the State of California. Contact...

Legal Ethics: time limit for commencment of civil suit, alabama rules of civil procedure, malpractice suit
alabama rules of civil procedure, malpractice suit, commencment: Seeker, You can look at the local Rules in the County you reside or the Alabama Rules of Civil Procedure. If the court is online, try looking for minute entries with time specifications. Most likely, your counsel is correct that the judge has not issued...

Legal Ethics: UNETHICAL LAWYER, unethical lawyer, mental competency
unethical lawyer, mental competency, drug addict: Sue, The question depends on more information. An addict who is not using at the time and is not impaired can sign a contract. The attorney should not have someone who is knowingly impaired or does not have the mental competency sign a contrac. Very...

Legal Ethics: Unethical estate executor brother, attorney client privilege, estate executor
attorney client privilege, estate executor, joyce joyce: Joyce, I am going to respond to your questions without providing legal advice. The first question is fairly simple. Request an accounting of the estate. As a fiduciary, the executor owes a duty of: 1) care; 2) obedience; 3) loyalty; 4) accounting;...

Legal Ethics: Unnecessary warrant???, arrest warrant, civil case
arrest warrant, civil case, criminal trial: Sam, I am making the assumption this was a criminal trial because an arrest warrant should not have been issued for a civil case and the parties generally do not have to be present for the trial or the verdict. It is not illegal to fail to communicate...

Legal Ethics: Used car sale, car sale, lemon law
car sale, lemon law, friedman: Ashley, It depends on the state or country where you bought the car and who you bought the car from. Some states are geared towards buyers and some are tainted towards sellers. If it was a dealer, there may be a lemon law. I wish you the best....

Legal Ethics: unethical lawyer, unethical lawyer, friedman
unethical lawyer, friedman: That is certainly not a reasonable explanation since he should have made arrangements to move the hearings or have someone present to represent your son. Again, I suggest your son interview another attorney to get proper and appropriate representation....

Legal Ethics: unethical lawyer, legal malpractice cases, unethical lawyer
legal malpractice cases, unethical lawyer, aerostar van: Nancy, Thank you for the nice feedback. Tolling the statute of limitations means that the time period may be extended until you knew or should have known of the breach of fiduciary duty/conflict of interest. There is still a time limit to file the lawsuit...

Legal Ethics: Video recording by tenant?, landlord tenant act, video recording
landlord tenant act, video recording, friedman: Anna, You first need to look at your lease. If your lease does not allow him to affix something to the walls and he has mounted it into the wall, it may be a violation of the lease. He has a right to video his own leased space. You have no expectation...

Legal Ethics: Visitation Right's?, bar complaint, phone tag
bar complaint, phone tag, lack of communication: Christopher, I am sorry to hear about your situation. I do not deal with family issues, however, it sounds like you should hire an attentive attorney that will follow through with communication to both you and your child s mother s attorney. One of...

Legal Ethics: vaca time vs raise, permament, wave length
permament, wave length, amount of money: Sarah, Your reasoning seems very sound. However, it sounds like you were on a different wave length than HR. You should talk to your boss and see if he will intervene. I would ask that your have the previous raise then be retroactively applied and give...

Legal Ethics: valid id for notary sighning, valid id, state id
valid id, state id, state of arizona: Joseph, I am not certain if this is a question and I do not give legal advice over the internet as stated multiple times. As I understand it and without giving legal advice, I believe one needs a valid identification. The identification does not have to...

Legal Ethics: Wills, probate court, public document
probate court, public document, state of illinois: Joel, I don t practice law in Illinois nor can I give legal advice on this site or on the internet. A will is private until a probate is opened. Once the will is filed in the Probate Court, it becomes public. I hope this answers your question....

Legal Ethics: Work related, hair net, right to work state
hair net, right to work state, final warning: Sherri, I am not licensed to practice law in California. My understanding is that California is a right-to-work state. I would suggest that your husband request someone from human resources be present at that meeting if he feels the supervisor will not...

Legal Ethics: Workman's Compensation/Disability, short term disability, medicine costs
short term disability, medicine costs, compensation attorney: Liev, Generally, workers compensation pays less than the salary and each state has its own formula. Workers compensation is no-fault insurance and it is not meant to make a person whole. I am not certain of Georgia but most jurisdictions have an opt-out...

Legal Ethics: wills, utmost good faith, disfunctional family
utmost good faith, disfunctional family, probate attorney: Roch, I am sorry to hear about the loss of your father and your current situation. I stongly advise you to speak to a probate attorney in your area. An executor is not the first priority for distribution of a probate. An executor owes a fiduciary...