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L. Maxwell Taylor

L. Maxwell Taylor’s Answers

6,227 total

  • Can I make copies of a coloring book page that I bought and share the page with a Facebook group so they can print and color it?

    I am an assist administer of a Facebook Adult Coloring Group, I need to know if a member who bought a coloring book, can post and share the pages for people to save and color themselves.

    L. Maxwell’s Answer

    Sure sounds like infringement to me. The copyright owner generally has the exclusive right to make copies, unless the work is in the public domain. Someone created the drawing you purchased, and when you copy and post it, you are almost certainly infringing the rights of the copyright owner, which can subject you to civil liability and even criminal sanction. There is an exception in the law for "fair use," but what you are proposing does not seem like fair use to me. So I recommend against it, unless you secure the permission of the copyright owner in advance.

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  • Does a planted "mole" in the company have any limitations?

    I understand it's legal for employers to "plant" a certain employee as a mole to give them inside information about the other employees, etc. I watch undercover boss and know it's usually in the company's best interest. I am not a disgruntled em...

    L. Maxwell’s Answer

    If it were me, the first thing I'd do would be to password-protect my cell phone so that someone who did not know the password could not unlock the phone.

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  • What options do I have to sue my school? What type of lawyer should I use? Administrative?

    I want sue my graduate school for not putting in the paperwork and recommendation through to the state education department. As a result I needed to retake new exams, pay new fees, fight endlessly with the school and state. Most importantly my emp...

    L. Maxwell’s Answer

    In reviewing what you wrote several questions come to mind. The main one is whether the damages are sufficient to warrant the bringing of suit. Generally speaking, hassle and annoyance are not compensable items of damage. Exam fees might be, lost wages might be. But would that be enough to warrant hiring a lawyer and bringing suit? I'm skeptical. People have difficulty obtaining counsel for cases in which the damages are modest, because the cost of hiring counsel can outweigh the damages which may be recovered, or if the plaintiff is not willing to finance the matter out of pocket, the lawyer is unwilling to put in scores of hours of work only to be paid at something that works out to a quarter of his or her hourly rate.

    The second question that comes to mind is, how did the paperwork get hung up? Was there an assumption that it would be put through automatically, as opposed to a written request, usually accompanied by a fee? I know that when my academic institutions have submitted transcripts, etc., to government agencies, I had to request them, and I kept following up at short intervals until I was satisfied that the portfolio was complete, i.e., my shepherding the paperwork through the process was integral to the process. If it turns out that a reasonable person would have ascertained much earlier than you did as to whether the institution had fulfilled the duties you indicate it was required to fulfill, the question arises whether your negligence in shepherding was the primary proximate cause of your damages.

    In any event it would be a bad idea for you to post further specific information about your circumstance here. You ought to consult with a litigator about whether you have remedies and whether the game is worth the candle. Your local bar association can refer you to someone appropriate.

    Not legal advice as I don't practice law in New York or hold New York licensure. It's just my two cents on what you posted based on general principles of law. Consult New York counsel to obtain legal advice you can rely on. I practice in Vermont ONLY.

    The other question that

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  • My mother want me to have the house. Should we have my name put on the house now or have it put in the will

    Leavening the house

    L. Maxwell’s Answer

    What really would make sense is to schedule a consultation with a lawyer who does medicaid planning. Transfers of assets can have unintended effects, such as disqualifying the elder for medicaid benefits at exactly the time he or she might need them. Many people are in this position of trying to figure out how to transfer the family home to the son or daughter, and it is at exactly this time that the elder ought to have the benefit of a competent lawyer who does medicaid planning, so that the consequences of the transaction can be known with certainty.

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  • Can a homeowners association come on private property without a court order? What can I do if I feel I am being singled out.

    I live in a neighborhood with a homeowners association. I have just read the minutes from the board meeting and they plan on coming on my property and moving an open trailer that stays in my driveway and the brush pile I have on the side of my hou...

    L. Maxwell’s Answer

    The lawyer who helps you figure this out is going to need to look at the governing documents for the homeowners' association as well as the deed to your property. In the land records there has probably been recorded a master deed creating a scheme of common development, and the individual deeds of the members probably make reference to it and probably indicates that the individual homeowners are bound by what it says. Generally speaking, after a common-development scheme has been built out, it's typically the case that the homeowners association succeeds to the developer's rights as set out in the master deed (where there is a master deed). All of which is to say, the governing documents are the first place the lawyer needs to look in ascertaining who has the power to do what. So get thee to a lawyer, pronto!

    Not legal advice as I don't practice law in Maryland. It's just my two cents on your question in light of some general principles of law. Consult Maryland counsel to obtain legal advice. I practice in Vermont ONLY.

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  • Can I get my license in Vermont and not have to put the ignition interlock in my car?

    My license was taken from me for medical reasons (medications) the day after a car accident that became a manslaughter with a mv dui. It was taken in 2010 I was then convicted in 2012. I received time and 1 year suspension. In order to get my lice...

    L. Maxwell’s Answer

    From Vermont DMV's website:

    "Who May Not Be Issued a New License or Renew an Existing License?

    A person whose privilege to operate a motor vehicle in any state has been suspended, revoked, or refused cannot be issued a license until such suspension, revocation or refusal has been terminated and the person has been officially notified in writing of reinstatement.

    A license cannot be issued to a person when the Commissioner of Motor Vehicles has evidence that such person either cannot or will not operate a motor vehicle without endangering the other users of the highway.

    A person who is not a Vermont Resident."

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  • Can I prove that these woman are trying to conspire against him?

    My friend lives in Vermont. He recently got arrested for first degree domestic assault. He was charged for the same crime four years ago and admitted to the assault. This time, however, he swears he is innocent And I believe him. The woman who he ...

    L. Maxwell’s Answer

    Prove to whom, and for what purpose? A friend has no standing to prove anything in a civil proceeding to which he or she is not a party, nor in a criminal proceeding in which he or she is not a witness. So I suspect what you are really asking is, does the fact that these women are aligned in interest have any bearing on the outcome of the criminal proceeding? And as to that question, it is hard to know. The person who would be in a position to evaluate this information is your friend's lawyer.

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  • What should I do before hiring a lawyer to make sure I get my fees if I win?

    I filed a breach of contract case against a costumer. The contract entitled me to feed if I win. I attached a copy of our contract to the complaint but forgot to specifically ask for attorney fees. I want to hire an attorney but I'm concerned I wo...

    L. Maxwell’s Answer

    I won't speak to California law, but generally speaking a plaintiff may amend a complaint once before his opponent files a responsive pleading. If it is necessary to secure the court' s permission to amend the complaint, the general rule is that motions to amend are to be liberally granted where justice so requires.

    Hope this helps. Not legal advice, just my two cents. I do not practice law in California or hold California licensure. Consult California counsel to obtain legal advice you can rely on. I practice in Vermont ONLY.

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  • What gave him the right to buy my records without my permission? Where is the HIPPA law.

    Made a deal with my dentist, 2500.00 for upper dentures and surgery to remove the roof of my mouth. Went to go through the final procedure to receive my permanent dentures and he sold the business. Proceeded to sue new dentist. They say he bought ...

    L. Maxwell’s Answer

    Every time I go to a doctor's office or a dentist's office I am required to fill out forms and I receive notice of their privacy policies. The forms I fill out authorize certain kinds of disclosures of health information to other health professionals. I suspect you filled out similar forms making similar authorizations and which cover the circumstance you describe. Although the records pertain to you insofar as they contain your personally identifiable health information, the records actually belong to the dentist's business--they are his business records.

    As a general principle of law, the fact that someone has purchased the assets of a business does not mean that they are liable for the acts or omissions of the former business. It is quite possible to purchase the assets of a business without purchasing its liabilities--it happens all the time.

    Not legal advice as I don't practice law in Florida or hold Florida licensure. It's just my two cents on the facts you describe in light of general principles of law. Consult Florida counsel to obtain legal advice. I practice in Vermont ONLY.

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  • Was I wrongfully terminated because he could not proof the fact that I was accusing of stealing

    On January the 13 I work my whole shift after I reach home I checked my schedule I see that I was remove from the schedule for two days. I call my boss he told me I stole something so I ask what I stole he couldn't answer me. Then he say that he ...

    L. Maxwell’s Answer

    What you experienced is very common, and is not "wrongful termination" as the law understands that term. Employment lawyers who represent terminated employees often receive calls from people who were terminated because the boss thought they stole something, but they are actually innocent of stealing. The bottom line is, the boss doesn't have to be *right.* Generally speaking, employees who hold employment at will (i.e., not pursuant to a contract or an employee manual that everyone treats as a contract) and who don't belong to unions have very few protections against terminations such as you describe.

    The best remedy for having been fired from employment held at will is to find another job which you like better among bosses and co-workers who value your contributions. I wish you the best.

    Not legal advice as I don't practice law in Georgia. It's just my two cents on the facts you describe in light of general principles of law. Consult Georgia counsel to obtain legal advice you can rely on. I practice in Vermont ONLY.

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