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L. Maxwell Taylor

L. Maxwell Taylor’s Answers

6,111 total


  • Is my attorney breaking the law?

    I'm in the process of buying a home, just found out that my real estate attorney is trying to buy the same house behind my back through his mother who showed up at the house saying she heard it was for sale, trying to make an offer. The thing i...

    L. Maxwell’s Answer

    • Selected as best answer

    Wow, just wow. If he is doing this it could get him disbarred. A lawyer has a duty of undivided loyalty to his client, and if he has put her up to this it is a plain breach of the rule. Moreover if his mom is involved with this, but he represents you, he has a conflict and cannot represent you.

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  • Attorney advised to" LAY LOW" since no contact w/ bank since 2006 instead of bankruptcy. The next day, The Bank called me.

    I am an addict and my home in NY was foreclosed on in 2006 with a $36,000 balance due. After years of couch hopping, I entered rehab in VT and have been living in a sober home in VT for 2 years. A Bankruptcy Lawyer told me that I should file ban...

    L. Maxwell’s Answer

    I think it extremely unlikely that the lawyer gave out your information to the bank or anyone else. Be careful about jumping to conclusions. This just sounds like a coincidence to me. The lawyer would have no reason to give out your information and would know not to do so in any event.

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  • My PCP has prescribed medication that conflicts with the medication that was prescribed by my dermatologist. Do I have a case?

    I went into to visit my PCP for some stomach pains I have been having. After a short physical examination, my PCP and I went over the medications I was taking and in possession on. My PCP then prescribed me medication and stated there are very lit...

    L. Maxwell’s Answer

    You report no significant damages from your taking the two medications simultaneously. Significant damages are the only thing that makes a medical malpractice claim economically feasible, as such claims are very expensive to litigate.

    The purpose of the law is to make injured persons whole. Where there is no injury, there is no purpose served by bringing a case.

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  • Can my employer force me to get my nails done at their salons?

    I work for a salon and they just told us that we can only get our nails done at their locations. If we don't comply, they will terminate us.

    L. Maxwell’s Answer

    Assuming that Pennsylvania follows the general rule of at will employment, which is that an employer may terminate its employee for any reason or no reason at all, unlawful discrimination/retaliation excepted, I see no reason why employer may not terminate employee for having her nails done elsewhere. It appears that employees' nails are being used to promote employer's nail salon, and that it is a nonnegotiable condition of employment.

    Unfair, sure. But unfair is one thing, and unlawful is another.

    Not legal advice is I don't practice law in Pennsylvania. It's just my two cents on the facts you describe in light of some general principles of law. If you need legal advice, please consult a lawyer who holds Pennsylvania licensure. I practice in Vermont ONLY.

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  • Am I considered an "owner" of a condominium unit pursuant to our bylaws?

    I've been married for 4 years. My wife bought a condo in Vermont 10 years ago. When we got married we signed a post nuptial agreement where we agreed that all of our real estate (we each brought several properties to the marriage) shall be owned j...

    L. Maxwell’s Answer

    Generally speaking, deeds recorded in the land records at the Town Clerk's office give notice to the public about ownership of land. Someone who is named in a deed filed in the Town Clerk's office is an "owner of record." But there are circumstances where a deed is given but not filed, and these deeds may be effective to transfer title, although there are also circumstances where they may not be effective to transfer title because someone else also has a deed naming him or her, and that deed has been recorded in the land records. Ownership of property may also occur by operation of law, as where an owner dies, and title to the property is owned first by the decedent's estate, and then by the decedent's heirs.

    Without knowing exactly what the Declaration of Condominium--the Master Deed--says, no one can give you individualized legal advice. Take your deed, the bylaws, and the recorded Declaration currently in force to a lawyer who can read these documents, discuss the applicable law, and offer you individualized legal advice. Surely there is a technical argument to be made that for purposes of the Owner's Association you are not an owner of record, and the strength of that argument needs to be evaluated in your specific factual setting.

    Good luck.

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  • Need a lawyer to collect a court settlement in Vermont. (approximately $25,000)

    2 court ordered judgements against a self employed contractor. I live in Myrtle Beach South Carolina.

    L. Maxwell’s Answer

    You must identify likely candidates and contact them privately. They cannot contact you first.

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  • Can I be sued for creating a video game, that involves a famous person?

    A group of us would like to create a video game that involves you running away from Shia Labeouf. The player models we are using are open source, and we have photoshopped Shia Labeouf's face onto them. The likeness not great, and you never get a c...

    L. Maxwell’s Answer

    Shia Leboeuf has a right called the "right of publicity" which allows a person to control the commercial use of his identity. Utilizing his name and likeness in the game you describe without his permission would surely violate his right of publicity.

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  • Can I sue my dr for prescribing me opioids

    I was addicted to pain meds, I was on a medicine called Suboxone which helps you stay away from pain meds. I was in a accident, small fender bender, I then was kept on Suboxone and put on my drug of choice oxycodone for 4 years, I would go see...

    L. Maxwell’s Answer

    Physicians are in a no-win situation vis-à-vis opioids for relief of pain. If they prescribe them, the patients dance with the risk of addiction. If they fail to prescribe them, they incur the patients' wrath for failing to relieve pain. Advice seekers call me, furious because their doctors cut them off from opioids, or dropped them for drug seeking, wanting to sue the doctor. Others are furious or want to sue because the doctor isn't adequately addressing their pain. It's a tough line to walk. Remember that even if there was malpractice which proximately caused you harm, a jury still has to buy your story, and even then will reduce the damages they award by the percentage of comparative responsibility that you yourself bear for your predicament.

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