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...
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.
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.
The other lawyers are very much correct. However, if you do not hire a lawyer and do continue to ask questions, please identify the venue in which the argument is pending. If, for example, you are in an "appeal" in the Massachusetts Department of Unemployment Assistance, you may very well seek to supplement the record or need to preserve issues for an ultimate challenge to the DUA's decision in the Superior Court. Alternatively, if you really are at the Massachusetts Appeals Court, your...
Likely not; however, as Mr. Hammerlund questioned, why are you asking? Absent additional information, your question will not lead to anything other than general answers.
You are not going to get a decent answer to this question, as my colleagues have indicated. A complaint is different than a motion and an opposition is different than answer. To assist us answer your procedural question, please provide the Court in which you are litigating (e.g., the United States District Court, Massachusetts Superior Court, Massachusetts District Court), the type of document that was filed (e.g., a Complaint or a Motion) and the type of document that you filed in response (...
You have to abide by any Court order until such time as the order is either modified or vacated or unless the terms of the order otherwise so provide.
You'll need to provide much more information as the details (such as where the other car hit your car, how fast it was going, damage to both cars, etc.) will dictate how you should approach a court and the insurance company. If the officer completed a police or incident report, you should get a copy of that too.
Judges have inherent authority to sanction parties and attorneys for engaging in conduct that may amount to civil or criminal contempt, including making false statements to the tribunal. More information is needed to answer the question as, many times, when seeking a trustee process attachment, one does not know that the target bank is holding any funds. That, however, does not amount to a misrepresentation to the court. Also, most times, motions for trustee process attachments are sought on an...
If the "civil demand" is a Massachusetts small claims court demand, there will be a return date for a hearing. If you do not attend the hearing, a judgment will enter against you for $250, plus court costs. If you attend the hearing, you get to tell your side of the story (particularly that the alleged theft was for a product that cost only $18, you returned the product, and you are being sued for $250). Also, there will be a chance for mediation before the hearing, which is where most cases...