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Melissa Anne Lanouette

Melissa Lanouette’s Answers

30 total

  • Hello, I has a charge that was dismissed through conversion. this happened about 1 month before I was to begin law school.

    I plan on disclosing this to the the state that I have to take the bar in. Would I also need to tell the school I am currently attending before the bar exam, which would be in 2016. I also expunged the charge. Thanks

    Melissa’s Answer

    In some states, there is a process to pre-apply for the bar and make certain you meet the ethical requirements before you actually apply and take the test. Given that you're so far in advance of the time you intend to take the bar, this may be a worthwhile suggestion so you know if you will run into trouble before you spend a few hundred thousand dollars on schooling. You also need to disclose to the schools you're applying to (most require disclosure).

    Depending on the seriousness and circumstances of the dismissed allegations, this may prove to be a barrier to this career for you.

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  • Can a landlord in MA sue for damages exceeding the security deposit? How does their insurance play into it?

    I'm thinking about subletting my apartment and want to cover my bases. I'm trying to figure out what I'm liable for if the person I sublet to (with the landlord's permission), damages the apartment? I know that the landlord can keep my security de...

    Melissa’s Answer

    I agree with what my learned colleagues have said, and furthermore, you may still retain some liability if the sub-letter is the one who causes the damage. Although, in a court matter, you would be able to say that the subletter caused the damage, you would still maintain some responsibility because you were on the lease. Furthermore, if the deadbeat subletter causes damage, it's also likely that they would be unwilling or unable to pay any damages awarded in a lawsuit, so you may find yourself on the hook if you sublet to someone sketchy.

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  • What is perjury?

    Isnt perjury when you ONLY lie during a testimony? I want a clear and accurate answer.

    Melissa’s Answer

    There are several times during any given court case where the answers you give are sworn under penalties of perjury. Perjury could be if you lie in certain written documents, during certain verbal events-in court and out. The definition is much wider than Lawyer TV shows might lead you to believe. The best legal advice on perjury is very simple: don't lie.

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  • Family law question

    My 8 year old Daughter called me from her Grandmother's house where she has supervised visitation with her Dad and told me her father offered he beer the night before. I went to the police who did a wellness check but they saw nothing and told m...

    Melissa’s Answer

    This is a situation where you may need to find the resources to hire a full-time attorney for your case. Having an attorney who knows your case and is familiar with your situation and can help you gather evidence and information may be vital in convincing the court.

    However, even with the world's best attorney, in family law situations, often compromises are required. Although you may be able to attempt to modify the visitation situation again, it's probable that the judge will not change his decision without new evidence.

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  • Sperm donor sign off letter?

    Hello, I need some legal guidance and a statement from a lawyer in a letter form. My situation is that I'm a 30 year old lesbian. For the past two years I've had a sperm donor chosen and he and I do not know each other personally but we have ke...

    Melissa’s Answer

    Due to the strong parental support laws in Massachusetts, I strongly advise you both to get an attorney in this matter. Whether or not you are 'single', a biological father in Massachusetts is bound by extremely strong laws. If you come into a situation where you are seeking State support, he may find himself facing child support regardless of your wishes or any documents signed.

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  • I have been recieving lower child support paid because of fraudulant financial statement by my ex. what can I do?

    Through previous circumstances I have found out that my ex has been paying child support for an income of $30000 instead of $54000 average that he has made every year. I am wondering if I bring him to court would he be responsible for my lawyers f...

    Melissa’s Answer

    If you have reason to believe there has been a substantial change in circumstances since your ex and you last went to court, you can file a motion for modification and ask the judge to change the amount of child support. He will have to provide an updated financial statement and back it up with tax documentation. However, if he is earning money that is not reported on taxes, you will have a difficult time proving that to the Judge if you have evidence, a nearly impossible time if you do not have evidence.

    If the initial child support order was filed recently, and there has been no change in the amount he makes, but you have only know discovered he lied on his Financial Statement, you can bring that before the Judge as well. However, it will be more difficult in this situation, and I strongly suggest you talk to a qualified family law lawyer before you go foward.

    There is a chance of recovering lawyers' fees, however, they are never guaranteed in any case.

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  • Should I let my mother in law see my daughter? She has Legal custody of her, what will it do for me if i dont let her see her?

    My mother-in-law got legal guardianship of my daughter(she went to the court and said my daughters father was homeless, abusing drugs, and that i was making bad decisions by letting my daughter see her dad, which by the way we were still together ...

    Melissa’s Answer

    If there is no order permitting the Grandmother to visit the child, then you have no legal requirement to permit visitation. However, the Grandmother may bring a motion to get visitation rights or even physical custody.

    In a situation like this, it may be best for you and for your daughter to get a lawyer in this matter.

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  • Hi I need a great lawyer for family law. Its a case with assets and need someone strong and honest. looking to pay an hour .

    divorce that has 3 children involved, along with a business, trust of property and home. Please email me or call me at 602.697.8033 Dannellp@msn.com

    Melissa’s Answer

    In addition to Avvo's recommendations, the Boston Bar Association can provide referrals to local attorneys that specialize in that practice area.

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  • Can a dermatologist legally do this?

    I am 19 years old. I went to see my dermatologist last week. His office is located at a major teaching hospital. I am diagnosed with Depression and treated by a psychiatrist (different agency). After speaking with my doctor for a few minutes, he s...

    Melissa’s Answer

    There are multiple classes of people who can commence an involuntary hospitalization. As per the statute, any licensed physician, psychologist, some nurses, social workers, or police officers can initiate these types of hospitalizations.

    As such, any type of physician, whether or not they have specific training in mental health issues, can initiate a temporary involuntary hospitalization, even a dermatologist.

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  • Attorney client privilege? Threats?

    I am unfortunately representing myself in a matter because I cannot afford a lawyer right now. The opposing parties counsel sent me an email threatening to take legal action if I exercise my valid rights. He also copied a third party on this ema...

    Melissa’s Answer

    You and opposing counsel do not have an attorney-client privilege. Anything that you say to the opposing counsel (or that he says to you) can be shared to anyone for any reason.

    Additionally, threatening to take legal action is very different than the kind of threats that are forbidden by the ethical rules. Unless this "legal action" involved breaking your kneecaps, the opposing attorney was likely not violating the rules of professional conduct.

    I agree with my colleagues that you appear to be out of your depth in this matter. Many attorneys offer sliding scale fees or payment options for clients.

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