David George Thomas’s Answers

David George Thomas

Boston Litigation Lawyer.

Contributor Level 10
  1. Should I pay my civil demand?

    Answered almost 3 years ago.

    1. David George Thomas
    2. Pamela Koslyn
    2 lawyer answers

    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...

  2. What is the evidentiary value of "colloquy on the record"?

    Answered over 2 years ago.

    1. Michael S. Haber
    2. Eric Edward Rothstein
    3. David George Thomas
    3 lawyer answers

    I assume your adversary is the opposing counsel and the admission was provide during some court hearing/oral argument on a motion. Alternatively, if the adversary is not your opposing counsel, I am not sure why the other litigant would be speaking on substantive issues in court without being sworn in. If the opposing litigant's lawyer allowed his or her client to speak on the record and it was against the litigant's own interest, it certainly will be fodder for cross examination. Once the...

    1 lawyer agreed with this answer

  3. How do I get out of a bad partnership.

    Answered over 2 years ago.

    1. Stefano Vincenzo D'Agostino
    2. Robert John Murillo
    3. David George Thomas
    3 lawyer answers

    It appears that the Kentucky (assuming your partnership is governed by Kentucky law) has adopted the Uniform Partnership Act. Take a look at KRS 362.150 to 362.360. Talk to an attorney that has dealt with partnership dissolution before and is familiar with the Act and the law in your area. Generally, the UPA governs when parties do not have a written partnership agreement and will give you the procedure for dissolving the partnership and winding up the business. Be very aware, however, that...

    1 lawyer agreed with this answer

  4. Am I required to appear for a deposition? What if I do not show?

    Answered over 2 years ago.

    1. Charles F Basil
    2. Paul Y. Lee
    3. Scott M Harrington
    4. David George Thomas
    5. Peter Michael Callahan
    5 lawyer answers

    Most likely, even is a subpoena was issued, the must take the deposition within a certain number of miles of where you live or work. You should contact the appropriate person at your company and ask to speak to the company's lawyer about the deposition and confirm that the lawyer will be representing you at the deposition as well as the company. If the company's lawyer will not be representing you, you should ask if the company will pay for a lawyer to represent you, which many companies will...

    1 lawyer agreed with this answer

  5. Collection Question

    Answered over 2 years ago.

    1. David George Thomas
    1 lawyer 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.

    1 lawyer agreed with this answer

  6. Can attorneys agree to tape record deposition and agree to swear in witness instead of hiring a court reporter?

    Answered almost 3 years ago.

    1. Stuart M. Address
    2. David George Thomas
    2 lawyer answers

    Although I do not practice in Florida, I suspect that you have a right to a court-appointed lawyer in a criminal case. Why are you proceeding pro se? I have never come across a court in any jurisdiction that hosts and pays to transcribe a deposition for a litigant, which by its nature is an out-of-court event. If you do not get any specific answers from Avvo, perhaps contact Florida Legal Services (http://www.floridalegal.org). They appear to handle only civil matters, but may be able to...

    1 lawyer agreed with this answer

  7. What is the normal per hour fee that lawyers charge, when defending a defendant?

    Answered almost 3 years ago.

    1. Stephen Neil Foster
    2. Joe Newman Perdue
    3. Michael Eugene Lovins
    4. David George Thomas
    4 lawyer answers

    It depends on the defendant, the lawyer, the subject matter of the dispute, and whether the lawyer is a sole practitioner or with a law firm. Lawyers at large firms can charge well over $500 per hour for their services; however, those hourly charges are geared more towards institutional clients. Contact your local bar organization, which may have statistics about hourly rates in your area.

    1 lawyer agreed with this answer

  8. In order to make the other side pay your attorney fees does your attorney need to file an offer of judgment?

    Answered over 2 years ago.

    1. Jason Eric Neufeld
    2. Barbara Billiot Stage
    3. David George Thomas
    3 lawyer answers

    Most states follow what is called the "American Rule" for payment of attorneys' fees. The American rule provides that each party is responsible for paying its own fees unless specific authority is granted by statute or contract to shift those fees to the other party. Under the American rule, every party – even the party prevailing – must pay its own attorneys' fees. The American rule contrasts with the English rule, under which the losing party pays the prevailing party's attorneys' fees....

    1 person marked this answer as helpful

  9. If I make more than the non custodial parent am I still entitled to child support? I have my 16 yr 95% of the time.

    Answered over 2 years ago.

    1. David George Thomas
    2. Christopher P Norris
    2 lawyer answers

    Yes, you should be entitled to child support. You should contact a family law attorney familiar with the particular rules in the area in which the case will be pending.

    1 person marked this answer as helpful

  10. How are sealed documents stored in superior court?

    Answered over 2 years ago.

    1. A James Rockefeller
    2. David George Thomas
    2 lawyer answers

    It will depend on the particular practice in the court in which the records are being kept. Your best best likely is to call the docket and/or courtroom clerk in the court and ask.

    1 person marked this answer as helpful