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David George Thomas

David Thomas’s Answers

78 total


  • Confidentiality Agreement

    Iam buying a potato chips route from lance chips,and before they will talk to me they want me to sign a confidentiality Agreement ,they will be taken over my old company where I own a route allready.they said sign or they will not talk to me.

    David’s Answer

    • Selected as best answer

    These types of agreements are common in business transactions. Whether you will sign the agreement as written, however, will depend on its terms. Many times, the terms of these agreements are negotiated between counsel. You should show it to a lawyer before signing it. I have dealt with many disputes over the years arising from the these types of agreements - most of which could have been avoided if proper terms were negotiated. Then, you should have the lawyer review the actual sale documents and help you conduct the appropriate due diligence before your make the purchase.

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  • What happens if you lie about drinking?

    What can happen if you lied to the police about drinking before you were questioned? Told them that you haven't had anything to drink etc, when you really did. Thank you

    David’s Answer

    You will need to provide more details if you want to get a coherent answer to your question. Were you arrested? Were you involved in an accident? What were you being questioned about? You may want to contact a criminal defense lawyer.

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  • Is there still ethics in Law?

    I bought a business in Texas all items had a Lien on them, selling them is a Felony. I paid 750 for Legal Prep. Lawyer wrote a flawed document, and told the selers what he had done. The owner of the VR Business in Dallas would not tell me the na...

    David’s Answer

    Listed below are some ethical rules in Massachusetts that may be helpful. Legal malpractice cases are many times complicated as, essentially, you are litigating "a case within a case." You should contact a lawyer that specializes in the area. Be sure to get your entire file from your former lawyer (see 1.16(e)).

    RULE 1.1 COMPETENCE

    A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

    RULE 1.16 DECLINING OR TERMINATING REPRESENTATION

    (e) A lawyer must make available to a former client, within a reasonable time following the client's request for his or her file, the following:

    (1) all papers, documents, and other materials the client supplied to the lawyer. The lawyer may at his or her own expense retain copies of any such materials.

    (2) all pleadings and other papers filed with or by the court or served by or upon any party. The client may be required to pay any copying charge consistent with the lawyer's actual cost for these materials, unless the client has already paid for such materials.

    (3) all investigatory or discovery documents for which the client has paid the lawyer's out-of-pocket costs, including but not limited to medical records, photographs, tapes, disks, investigative reports, expert reports, depositions, and demonstrative evidence. The lawyer may at his or her own expense retain copies of any such materials.

    (4) if the lawyer and the client have not entered into a contingent fee agreement, the client is entitled only to that portion of the lawyer's work product (as defined in subparagraph (6) below) for which the client has paid.

    (5) if the lawyer and the client have entered into a contingent fee agreement, the lawyer must provide copies of the lawyer's work product (as defined in subparagraph (6) below). The client may be required to pay any copying charge consistent with the lawyer's actual cost for the copying of these materials.

    (6) for purposes of this paragraph (e), work product shall consist of documents and tangible things prepared in the course of the representation of the client by the lawyer or at the lawyer's direction by his or her employee, agent, or consultant, and not described in paragraphs (2) or (3) above. Examples of work product include without limitation legal research, records of witness interviews, reports of negotiations, and correspondence.

    (7) notwithstanding anything in this paragraph (e) to the contrary, a lawyer may not refuse, on grounds of nonpayment, to make available materials in the client's file when retention would prejudice the client unfairly.

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  • Collection Question

    I work at an office that sells door to door, one of my sales guys made a sale but did not get a signed contract, we do have a signed credit application. Now the lady will not answer any of our calls or answer the door. I have called the police a...

    David’s Answer

    Generally, an oral contract is enforceable unless it falls within what is called the "Statute of Frauds." Even if an oral contract is not enforceable, you most likely have other legal remedies available to you. You should contact a lawyer and have him or her send the person with the merchandise a demand letter asking for return of the product or payment immediately - otherwise, you will initiated a civl action against them.

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  • Can I be fired for participating in a class action lawsuit against my employer in the state of Tennessee.

    I am in a union and at least 100 of us will be a part of this lawsuit. It has to do with something referred to as "change time". We are required to pick up work related equipment and get in uniforms prior to going on the clock yet we are not paid ...

    David’s Answer

    Also, look at FLSA section 215(a)(3):

    29 USC § 215(a) Prohibited acts; prima facie evidence.

    (a) [I]t shall be unlawful for any person–

    (3) to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter....

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  • How long does a defendant have to file a motion to vacate a judgment if new evidence is discovered indicating breach agreement?

    If a tenant discovers a copy of the landlord payment ledger that shows the tenant was never given credit for the rental concession for the past three month and the landlord filed a forcible detainar against the tenant for more then the tenant owed...

    David’s Answer

    I am not admitted to practice in Arizona, so you should get counsel from a lawyer practicing in your state. Hopefully, such a lawyer answers your question on Avvo. If you are in Arizona Superior Court, however, Rule 60 may help you with your question. Note also that there appear to be supplemental rules depending on the county in which your action was pending - not sure if any of those rules apply based on a preliminary review. You should contact a lawyer as you do not want to miss a deadline for filing any such motion (as doing so may bar you from seeking the relief you want).

    Rule 60. Relief from judgment or order.

    (a) Clerical mistakes. Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on motion of any party and after such notice, if any, as the court orders. During pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.

    (b) Correction of error in record of judgment.

    1. When a mistake in a judgment is corrected as provided by subdivision (a) of this Rule, thereafter the execution shall conform to the judgment as corrected.

    2. Where there is a mistake, miscalculation or misrecital of a sum of money, or of a name, and there is among the record of the action a verdict or instrument of writing whereby such judgment may be safely corrected, the court shall on application and after notice, correct the judgment accordingly.

    (c) Mistake; inadvertence; surprise; excusable neglect; newly discovered evidence; fraud, etc. On motion and upon such terms as are just the court may relieve a party or a party's legal representative from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(d); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released or discharged, or a prior judgment on which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. The motion shall be filed within a reasonable time, and for reasons (1), (2) and (3) not more than six months after the judgment or order was entered or proceeding was taken. A motion under this subdivision does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order or proceeding, or to grant relief to a defendant served by publication as provided by Rule 59(j) or to set aside a judgment for fraud upon the court. The procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.

    (d) Reversed judgment of foreign state. When a judgment has been rendered upon the judgment of another state or foreign country, and the foreign judgment is thereafter reversed or set aside by a court of such state or foreign country, the court in which judgment was rendered in this state shall set aside, vacate and annul its judgment.

    (Amended July 14, 1961, effective Nov. 1, 1961; amended July 23, 1976, effective Oct. 1, 1976; amended Sept. 15, 1987, effective Nov. 15, 1987.)

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  • Can I put my parent's house in my name but still have them pay the taxes and live in it?

    My mom fears that if she or my dad gets sick then the hospital or nursing home will take her house away. To avoid that, I would like her to put the house in my name (I know it has to be in my name for five years) before that happens. She is conc...

    David’s Answer

    You need to work directly with a trust and estate laywer. Many times, property for people in your mother's situation (and with her concerns) is placed in a trust to protect it if she gets ill. You may very well be able to act as the trustee. There is at least a 5 year look back I believe to protect it against seizure if she gets ill, so you should take action sooner than later. The trust needs to be done correctly or it will not achieve your mother's goals. If you need a referral, I very am happy to provide one.

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  • I received a oui/child endangerment in mail in ma not arrested at scene what do i do. i received a dui in nh a couple years ago

    i have a ma license for both offenses. Is the oui i considered a second one? or a first because the other happened out of state? help. worried sick b4 xmas i summited similar question but just check the nh conviction was a dwi

    David’s Answer

    You should contract a lawyer who deals with OUI cases in your particular location and give her or him all of the relevant details. You should not rely solely on any website that offers informational advice for these issues no matter how correct the answers may seem.

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  • We recently had a fire on our property and need an experinced attorney on insurance matters and litigations.

    We recently had a fire at our commerical property and need a attorney with experince and confidence in dealing with insurance companies to handle a possible litigation.

    David’s Answer

    Like my colleagues, I am happy to provide a free consultation and offer a referral if necessary. I have dealt with insurance issues in litigation from both the plaintiff's and defendant's perspective for many years, including litigation arising out of fire-related claims.

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  • How do I file an appeal/objection to my attornys motion to withdrawal. Case is being heard in GA.

    Final hearing in 30 days, have 10 days to reply to my attornys motion to withdraw.

    David’s Answer

    Mr. Ascheman is correct. The answer will depend on the rules of procedure and substantive laws that govern in the Court in which the action is pending. You may want to consider if you really want your lawyer to continue to represent you if he or she wants to withdraw.

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