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L. Maxwell Taylor

L. Maxwell Taylor’s Answers

6,058 total


  • I have 750,000 in restitution to pay off. The state passed a law recently that adds a automatic 12% rate! What can I do?

    State of colorado. Arson case. im on 1 out of 2 years of supervised probation. Is there a way i can bring this to courts attention? Would it effect restitution order in anyway? The collections investigator says that there is no way to be exempted ...

    L. Maxwell’s Answer

    Interest accrues on civil judgments at a rate set by statute. Where I live, which is not Colorado, the rate is 12% annually (1% per month). So hearing that the interest rate applicable to criminal restitution in Colorado is 12% seems perfectly reasonable and ordinary. I know of no way to avoid the operation of this ordinary principle of law and finance, i.e., that interest accrues on judgments, so the thing to do is to pay it off as soon as you can.

    Not legal advice, just my two cents. Consult Colorado counsel to obtain legal advice. I practice in Vermont ONLY.

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  • Can I sue for lost wages, damages and the job I was promised? Is this not breach of promise?

    I applied and interviewed for a position with US Postal Svc. was told I had the job. 4 months later was told I had to resign fm current postion (as an employee). I did so and was then told the job was given to another applicant. I sought help from...

    L. Maxwell’s Answer

    The question whether you have a viable claim cannot be determined on the basis of what you have posted here. The law is simply too complex and the facts cannot be adequately analyzed from what you have posted here. Any lawyer is going to have to review not only all the written material bearing upon the course of dealings you describe, but the applicable collective bargaining agreement as well. If you want to find out if you have a viable claim, you must consult privately with an employment lawyer. Note well that matters involving the United States Postal Service may not follow general principles of employment law which would apply to private employers, insofar as the USPS is an independent establishment of the United States Government. There is a whole volume, Title 39, of the United States Code Annotated devoted to the U.S. Postal Service. Most lawyers aren't going to know much about Title 39 unless they've dealt with it previously.

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  • Do plainclothes police officers have to reveal their identity as an officer when asked?

    In example "are you with the police"

    L. Maxwell’s Answer

    Imagine a plainclothes officer making a buy in a drug transaction. Before the handoff the dealer says, "Hold on. Are you a cop?" Can you really imagine that the law could ever require the officer to reveal his undercover status just because he was asked?

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  • Is there anything I can do?

    On Tuesday 4/14/15, my daughter had an accident on a school field trip (not the schools fault). She fell and broke her front tooth and had a pretty severe lump and hole in her lip. We immediately took her to the dentist and they repaired her tooth...

    L. Maxwell’s Answer

    Only that malpractice which causes serious, long-lasting or permanent harm is worth litigating. If there has been no serious, long-lasting harm, don't even consider bringing a malpractice claim.

    Errors of judgment do not necessarily amount to malpractice. For example, an ultrasound examination of the child's lip to determine whether it contained a fragment of broken tooth may have been exactly what the circumstance called for--and the determination that no tooth was within the lip tissue may have been a legitimate conclusion based on the results of the examination, even though it turned out to be incorrect. Doctors are not required to make perfect, correct diagnoses on every occasion. If they were, no one would practice medicine nor would insurers underwrite medical practice. Doctors have plenty of room to be wrong without running afoul of the standard of care.

    A professional judgment is within the standard of care if the average practitioner in the field--in this case, emergency medicine--would or could have made a similar judgment on the basis of the same information. Only those judgments or acts or omissions that fall short of the standard of care can be the basis for actionable malpractice, and then IF AND ONLY IF they are the cause of serious harm.

    You describe no serious harm here; that is the BEST RESULT, a result far better than any financial award based on a malpractice settlement or verdict. The purpose of the law of malpractice is to make persons harmed by the professional negligence of others whole. Money can't really do that, although we pretend it can.

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  • IRS have issued me a letter that I owe $5000.00, can I find a lawyer to plead on my behalf for this?

    I am seeking a lawyer to plead my case with the IRS claim.

    L. Maxwell’s Answer

    They can't solicit you here for ethical reasons. You have to identify some lawyers who handle these kinds of claims, and contact them privately. But remember, you are going to have to pay the lawyer who handles the matter--most lawyers don't work for free--and the lawyer's fee may rival the amount the IRS is trying to collect from you after the lawyer puts in the time the case requires.

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  • Can i sue my employer for utinating in front of me (and the whole staff) literally 2 steps away from working area?

    My employer, not drunk not on drugs was mad the staff including myself. We did not pick up some boxes from the ground. So next time he walked in he unbotton his pants and peed all over the boxes. Is there any legal action to be taken here? Im ...

    L. Maxwell’s Answer

    Sue him? For disgusting you?

    Do yourself a favor: Go get another job where you do not have to put up with this sort of boorishness. It is not a matter for the courts. Every day an at-will employee decides to trade his or her labor for the wages employer pays. Some jobs are just not worth it. Perhaps this is such a job.

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  • Sallie Mae released my first marriage information to my daughter without my auth. Is this legal?

    I applied to co sign a school loan for my daughter. Sallie Mae linked this current app to a loan I had over 20 years ago, which has been paid for over 10 yrs to the new application. I was married before, and my children of my current marriage kn...

    L. Maxwell’s Answer

    The fact that you were previously married is a matter of public record, and anyone who wants to find out if you were married before can do a public records search and learn this information. So a claim based upon the "public disclosure of private facts" cannot succeed.

    When you co-signed for your daughter's student loan, your credit history became relevant to the transaction involving her, and some of that credit history is in your prior name. I know of no general principle of law that restrains the lender from linking your current co-signing to the prior credit history, which appears to be your history with the lender. It just appears that you didn't anticipate that your concealed past would come up as a result of your co-signing a student loan for your daughter. As William Faulkner wrote, "The past is never dead. It's not even past."

    Not legal advice, just my two cents. If you need legal advice, please consult a New York lawyer in person to obtain legal advice tailored to your specific circumstance. I practice in Vermont ONLY.

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  • I want to know if a lawyer can help me?

    I moved from Boston to Florida and I used a car mover to move my cars. The cars did not get to me the same way they left and the guy is trying to claim that his insurance will not cover damages some to my car. The drivers said they went through ha...

    L. Maxwell’s Answer

    In order to know whether a lawyer can help you, a lawyer must review the agreement you signed with the car movers. The lawyer will likely charge you a fee to do this.

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  • I was bullied and intimidated at work by my manager ten days ago h.r. has not taken this serious as step two grievance is filed

    i have three or more witnesses. Manager got back from vacation today. I did not feel safe going to work as I would be subject to same environment as nothing has been done for a resolution. Do I need to file a civil suit for missed work and a restr...

    L. Maxwell’s Answer

    The term "step two grievance" makes me think that you're a member of a union operating under the terms of a collective bargaining agreement here. If that's the case, direct questions about your rights to your shop steward or other union representative. Generally speaking, where the terms and conditions of employment are subject to the terms of a collective bargaining agreement, the individual employee doesn't have the right to go to court; disagreements about whether something management did violated the collective bargaining agreement are governed by the grievance and arbitration provisions of that agreement, and a member of the bargaining unit who attempts to sue employer in court is very likely to have his case dismissed.

    Not legal advice, just general information. These are comments made in a public forum. Consult Vermont counsel in person to obtain legal advice tailored to your specific circumstance.

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