James Thomas Kinder’s Answers

James Thomas Kinder

Dover Divorce / Separation Lawyer.

Contributor Level 14
  1. Do I need copyright or trademark permission to publish a song about Sherlock Holmes and Dr. Watson?

    Answered over 2 years ago.

    1. Ivan Jose Parron
    2. Bruce E. Burdick
    3. James Thomas Kinder
    4. Philip Leon Marcus
    5. Mario Sergio Golab
    6. ···
    6 lawyer answers

    Even though most of the Canon is in the public domain (except the Casebook), the characters of Holmes, Watson, et. al. are protected by copyright. At least, I think they are, but it's very hard to tell because the Web site that purports to be the Conan Doyle Literary Estate refers to Andrea Plunket, whose copyright over the Holmes characters is not recognized by US law. Jon Lellenberg is the American literary agent for the Arthur Conan Doyle estate, according to this New York Times article...

    6 lawyers agreed with this answer

  2. Waiting for DOR, should I still make child support payments?

    Answered 7 months ago.

    1. James Thomas Kinder
    2. Estela Matta
    3. Stephen Daniel Karpf
    4. Thomas Bryan Dance
    4 lawyer answers

    At this stage, you would do well to perhaps consult with an attorney about filing a motion for temporary orders pending the hearing this summer. That way, any agreement between yourself and your wife are not only in writing, but on record with the court. I hope this answer was helpful. As my colleague stated, although child support is determined by a forumla, there are other variables which may come into play and directly impact the amount of any order -- temporary or otherwise..

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  3. Can a lay person bring suit against a doctor, do to time running out to file!

    Answered over 2 years ago.

    1. James Thomas Kinder
    2. Erik Hammarlund
    3. Richard A. Martone
    3 lawyer answers

    I would strongly advise against filing a medical malpractice lawsuit on your own. My advice is to speak with a medical malpractice attorney as quickly as possible. If you have a very good case, they will probably take the case on contingency. Do Not wWait any longer if you think the statute of lim itations is running out. A Legal Malpractifce Lawsuit is frought with way too many pitfalls for the lay person.

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  4. I need a straightforward prenup. Will a legalzoom or other cheap/easy solution hold up in court?

    Answered 8 months ago.

    1. Steven Kelsey Hemingway
    2. Jaye L. Samuels
    3. Julie Court Molloy
    4. James Thomas Kinder
    5. Anthony Rao
    6. ···
    7 lawyer answers

    I agree with my colleagues. I would add that it never hurts to have an attorney review your situation. It is unclear what stage you are at in this process: pre nuptial, post nuptial, or separation agreement. If contemplating a post nuptial agreement, there are very specific guidelines which must be adhered to in order for the agreement to be enforceable. It may serve you well to reach out to a local attorney and obtain some guidance to ensure that whichever agreement you need, or come up with,...

    4 lawyers agreed with this answer

  5. If I'm bringing a civil action against a party who owns property with others on deed, must I name the others on the complaint?

    Answered 10 months ago.

    1. Michael J. Tobin
    2. Thomas C. Marino
    3. James Thomas Kinder
    4. Alan James Brinkmeier
    5. Estela Matta
    6. ···
    7 lawyer answers

    Prosecuting a civil matter in the Superior Court requires extensive knowledge of the substantive and procedural laws. To attempt to do so on your own, without the assistance of an attorney is not advisable. As my brother colleague stated, you may do well to consult with a trial attorney to ensure adherence to all applicable laws and procedures so that your rights are protected. Best of luck to you.

    4 lawyers agreed with this answer

  6. Is there a specific format for a response to a 93a demand letter or is a letter format sufficient?

    Answered 10 months ago.

    1. Thomas J Callahan
    2. E. Alexandra Golden
    3. James Thomas Kinder
    4. Christopher W. Vaughn-Martel
    5. Steven Kelsey Hemingway
    6. ···
    6 lawyer answers

    Although there is no specific format required, there is certainly content you would be wise to both include and exclude. This is a very important document, and should not be taken lightly. There are pitfalls for the unwary. It may be well worth your while to spend a few dollars consulting with an attorney who is familiar with chapter 93A and the subject matter/law of the dispute. Best of luck to you.

    4 lawyers agreed with this answer

  7. Does a legal separation in Massachusetts become contestable after a long period of time before formally filing for divorce?

    Answered 10 months ago.

    1. Talia N. Simonds
    2. Rhonda S. Boule
    3. James Thomas Kinder
    4. Henry Lebensbaum
    5. Helena S Friedman
    5 lawyer answers

    Your situation is akin to a post nuptial agreement. In Ansin v. Craven-Ansin, the SJC held that postnuptial agreements are not automatically unenforceable as a matter of public policy. However, not all postnuptial agreements will be enforced by the court. The agreement must pass a five part test. The ultimate question appears to be whether the agreement is fair and reasonable, and the other four factors help provide the evidence.1. Did the parties have the opportunity to hire separate legal...

    4 lawyers agreed with this answer

  8. I may be getting a divorce and want to protect my assets, real estate and bank account.

    Answered 11 months ago.

    1. Michael J. Tobin
    2. Julie Court Molloy
    3. James Thomas Kinder
    4. Estela Matta
    4 lawyer answers

    Good morning and thank you for your inquiry. The guidelines here on AVVO proscribe against lawyers dispensing legal advice. The information you are seeking amounts to just that - specific, legal advice as to how to proceed to protect assets in the event of an impending divorce. There are too many facts which need to be flushed out, and laws to consider to provide you accurate, professional guidance. Please consider consulting with an attorney. Best of luck to you.

    4 lawyers agreed with this answer

  9. Do I need to list money gifts as income on a financial statement for a child support modification

    Answered about 1 year ago.

    1. James Thomas Kinder
    2. Julie Court Molloy
    3. Christopher Daniel Leroi
    3 lawyer answers

    You need to list income from ALL sources. There is even a line item on the financial statement in the first Page entitled "OTHER". However, this information is broken out over the entire year, so, depending on the amount of the gifts, this may have only a negligible effect in your weekly income.

    4 lawyers agreed with this answer

  10. How long will it take to evict a roommate that has not paid rent this month? he is not on the lease and he refuses to leave

    Answered over 1 year ago.

    1. Erik Hammarlund
    2. James Thomas Kinder
    3. George M. Megaloudis
    3 lawyer answers

    Depending on the type of eviction you file ( 30 day notice to quit or 14 day notice for non payment of rent) anywhere from a month to approximately a month and a half. However, be careful, with a 14 day notice to quit, your roommate has the right to pay rent and "cure" default And therefore remain in the premises. I would not recommend going about this in your own. The Uniform Rules of Summary Process are very particular and fraught with pitfalls for the unwary. Even though hour roommate is...

    4 lawyers agreed with this answer