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David George Thomas

David Thomas’s Answers

78 total


  • ,if the judge ordered you 45 days to pay the other persons lawyers fees do u have to pay that money back when u get out?

    I am disabled ,,the judge ordered me to pay child support ,and the fathers lawyers fees , in 45 days or he advised i will go to jail, i have pay all the child support ,the judge removed my child on heresay only , please help,

    David’s Answer

    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.

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  • In deposition What kind the questions Plaintiff's attorney can ask me for allegaing willful and maliciouse injury.

    The Plaintiffs allegated four counts and their attorny has promised "over six months ago" to drop three counts leaveing us with willful and malicious injury for bleaching a contract. Now Plaintiffs attorney plans to ask wide rage of questions w...

    David’s Answer

    • Selected as best answer

    All of the other answers are on point. The scope of discovery is broad and the lawyer likely is looking for evidence ti support the three counts that he or she agreed to "drop" months ago. Mass. R. Civ. P. 26(b)(1) describes the general scope of discovery as follows:

    (b) Scope of Discovery. Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows:

    (1) In General. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

    Therefore, until the lawyer drops the counts, the questions will be relevant to the subject matter of the action or, at the very least, appear reasonable calculated to lead to the discovery of admissible evidence, as set forth in the first answer above.

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  • An attorney is an officer of the court, the defendant wants to question the attorney on the stand due to unsubstantiated claims

    Does the attorney who is an officer of the court then be required to be sworn in? or does the Judge just say it is not required because atty is an officer of the court. Is there any rule that can be referred to regarding what is proper procedu...

    David’s Answer

    • Selected as best answer

    Some additional considerations for you:

    1. If the attorney made the statement to the Court in a signed pleading, consider filing a motion for sanctions under Mass. R. Civ. P. 11(a) and asking for a "show cause" hearing wherein you can cross examine the lawyer (who, as my colleagues have stated, must be sworn in like everyone else). If there truly has been fraudulent conduct, the Court may very well report the lawyer to the Massachusetts Board of Bar Overseers for disciplinary action.

    Rule 11(a) provides:

    (a). Signing. Every pleading of a party represented by an attorney shall be signed in his individual name by at least one attorney who is admitted to practice in this Commonwealth. The address of each attorney, telephone number, and e-mail address if any shall be stated. A party who is not represented by an attorney shall sign his pleadings and state his address, telephone number, and e-mail address if any. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of an attorney to a pleading constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information, and belief there is a good ground to support it; and that it is not interposed for delay. If a pleading is not signed, or is signed with intent to defeat the purpose of this Rule, it may be stricken and the action may proceed as though the pleading had not been filed. For a wilful violation of this rule an attorney may be subjected to appropriate disciplinary action. Similar action may be taken if scandalous or indecent matter is inserted.

    2. Whether the statement was in writing or not, consider Mass. R. Prof. R. 3.3, which provides:

    RULE 3.3 CANDOR TOWARD THE TRIBUNAL

    (a) A lawyer shall not knowingly:

    (1) make a false statement of material fact or law to a tribunal;

    (2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client, except as provided in Rule 3.3 (e);

    (3) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or

    (4) offer evidence that the lawyer knows to be false, except as provided in Rule 3.3 (e). If a lawyer has offered, or the lawyer's client or witnesses testifying on behalf of the client have given, material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures.

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  • Failure to Yield Citation

    After stopping at a T-intersection I proceeded to turn left onto a two lane intersection seeing no cars in the flow of traffic. As I was turning my thought was to slow down because of the rain conditions and a car had hit my car entering the flow ...

    David’s Answer

    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.

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  • Suing x landlord in small claims NC ,clerk called today notifying me date is resched for next month. landlord cant make tomorrow

    We (2 adults) moved out rental house sept 15,2011 after landlord failed to make repairs to code violations, broken AC/Heater (3year old HVAC). A slew of other violations for non repairs. I have documents, letters, text messages, etc ( open/shut ca...

    David’s Answer

    Generally, courts have the discretion to manage their own dockets and many times change scheduled events. I assume you are proceeding pro se. It is very, very important to stay "on the good side" of the clerk's office in whatever court your case is pending. They can be your best friends or worst enemies. You should speak with a lawyer that practices in that court. If there is cost issue, you may want to contact the local bar association or legal aid center and someone there should be able to answer your specific questions.

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  • Security System

    I rent a single family home in MA and would like to have a wireless security system installed. I would incur all costs, pay the monthly service fee and remove the system when vacating. There would be no hard wiring of the system required. My la...

    David’s Answer

    You should take a look at your lease, if you have one, to determine if the language addresses this issue. Renting a house provides you with a present possessory interest in the home. Generally, you will not be able to make alterations to the home unless that is something that is agreed to and allowed by the landlord. You should ask your landlord to provide a reasonable explanation and perhaps even speak with her real estate attorney to fully understand the decision not to allow you to install the system if you feel comfortable with doing so. You can always retain a lawyer to speak with the real estate attorney. If you do speak with the real estate attorney yourself, just listen and get the relevant information (e.g., why was the decision made, what law or terms of lease was the decision based on, etc.). Don's answer any questions beyond those about the system you want to install. After getting that information, consult with a lawyer if you believe you want to pursue. I am happy to provide you with a local referral if you would like.

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  • In what actions can a Judge not be allowed to sit at if he was the Judge in a concluded action

    A judge that was assigned to a case that concluded. This judge is now assigned the case involving a dispute concerning attorneys liens with one of the parties concerning same case. From what I have been told by an attorney I met casually, said ...

    David’s Answer

    • Selected as best answer

    There does not appear to be a conflict of interest in what you have described. I am not sure what Massachusetts Rule the attorney you met with was considering, but judges who sit for one matter may decide related matters. There would be some utility in doing so as the judge would be familiar with the related proceedings. Also, if the case in Superior Court in Massachusetts, no one judge will be assigned to a case unless the judge has been specially assigned by the Chief Justice of Administration and Management (based on a request by a litigating party) or if the case is pending the Business Litigation Session of the Superior Court. Beyond that, judges rotate between sessions monthly. If the case is pending in federal court, a judge will be assigned, but usually that is a random assignment.

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  • Legal Malpractice v Breach of Contract in fee dispute

    Lawyer does not want to go through fee dispute resolution. Lawyer states he has in-office fee dispute settlement in lawyers finance dept.and directs client to the person handling this. Client and this person comes to verbal agreement. Client waits...

    David’s Answer

    I agree with Mr. Lundeen, you should consult with a lawyer, particularly one that handles legal malpractice claims if you believe that your lawyer was negligence. Also, if there was a settlement and the person with whom you were negotiating had authority to settle, you may be able to enforce that settlement agreement (although it would be better if the agreement was in writing).

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  • I have a Facebook game called Angry Chef's where you throw kitchen stuff at cartoon chefs to win prizes - can Angry Birds sue?

    I have a Facebook game called Angry Chef's where you throw kitchen stuff at cartoon chefs to win prizes. Now the client wants to change the name at the last minute concerned about getting orders to stop the game mid way thru. The game is not about...

    David’s Answer

    Whether or not the game infringes on any rights held by the owners of Angry Birds is very much a fact intensive inquiry. You should contact a lawyer and review all of this facts with him or her so that you can make informed decisions on how to proceed. I am happy to provide you with a local referal if you would like.

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