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L. Maxwell Taylor

L. Maxwell Taylor’s Answers

6,225 total


  • What is a clear and all-encompassing way to explain extra services and additional fees in an architectural contract?

    For an agreement between Owner and Architect - Clients often push back on our invoices for extra services, claiming they thought they were included in our Fixed Fees. We try to describe what is and is not included in our services for every project...

    L. Maxwell’s Answer

    Hire a lawyer known for concise and unambiguous drafting to produce a new contract for you. This is not a sport for amateurs, given the amount of money potentially at stake.

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  • How many white collar criminals commit blue collar crimes after committing their white collar crime?

    I'm working on an essay explaining why white collar criminals should permanently lose their right to bear arms and one of my reasons is because they may cause a crime with a firearm after they commit their white collar crime.

    L. Maxwell’s Answer

    Avvo is where people with real legal problems can seek general information to assist them. It's not for homework. Maybe the Department of Justice keeps such statistics (although I doubt it, but they may), so give that a try.

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  • My lawyer can't make it to my deposition ...

    I have to give a deposition next week but my lawyer won't be able to come (Emergency client issue) ... He said he would send another lawyer (who is not in his practice nor works with him but just happens to work on his floor and is a good friend. ...

    L. Maxwell’s Answer

    While I cannot speak to New York law and practice, I can say that as a general proposition, a lawyer defending a discovery deposition does not have a great deal to do. A competent lawyer who conducts a deposition is likely to ask proper questions, which generally means such questions are reasonably calculated to lead to the discovery of admissible evidence. There may be some areas of inquiry that push the envelope, depending upon the subject matter of the litigation, but most lawyers taking an opponent's deposition are interested in getting to the heart of the matters in controversy. The lawyer defending the deposition listens to the questions, objects if the questions are ambiguous or otherwise defective in their form, instructs the deponent not to answer if the questions inquire into areas which are privileged, but, generally speaking, most questions are proper. A competent lawyer will usually prepare the witness for deposition by stressing the importance of truthfulness, and admonishing the deponent to listen to the question and then answering the question asked without going on a roll, so to speak. But it is not essential that the lawyer defending the deposition have had extensive personal interaction with the person sitting for deposition.

    Not legal advice, just my two cents. I neither practice law in New York nor hold licensure there. To obtain legal advice you can rely upon, consult a lawyer who holds New York licensure. I practice in Vermont ONLY.

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  • Is it OK for a person who is not a supervisor or manager to talk about the terms of another employee resigning from a company?

    I am a employee who was planning on resigning from a company. I discussed this with my supervisor and when I got to work the next day their was an employee making derogatory statements about me and saying that I was getting fired. How could they k...

    L. Maxwell’s Answer

    Many people have the idea that what they may say to their supervisor regarding the terms of their employment is required to be held confidential. But I know of no law anywhere requiring such communications to be held confidential, unless there is some nexus with protected health information, implicating HIPAA. You say nothing in your post about your health, however.

    Not legal advice as I don't practice law in Washington State. If you want legal advice you can rely on, please consult a lawyer who holds Washington licensure. I practice in Vermont ONLY.

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  • Is it possible to retrieve deleted messages from a basic samsung intensity 11 non data/app supported phone(old phone)?

    Hi,I need a supeona for sms/msms messages from husbands phone-he consents and i am the primary account holder though verizon won't help.I hired a lawyer that charged me for the consoltation and asked her to proceed at her costs and she never got b...

    L. Maxwell’s Answer

    Unclear whether you are asking a technical question or a legal question. If it's a technical question as to whether deleted messages can be recovered from a particular phone, you need to ask an engineer who is familiar with that particular model of phone. If it's a legal question as to whether or not you have an ongoing relationship with the particular lawyer you consulted, nothing you state here suggests to me that the lawyer agreed to do what you hope the lawyer will do for you. Typically a lawyer who undertakes to act on behalf of a client will enter into a written fee agreement and will require money from the client up front. You don't even say that the lawyer agreed to do the task, only that you asked her and she never got back to you. So if I were you I would not conclude that you have hired the lawyer, only that you had a paid consultation but no agreement going forward.

    Consult Pennsylvania counsel if you want legal advice. What I wrote above is just my two cents, not legal advice. I practice in Vermont ONLY.

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  • Can I bring the union hall up on discrimination charges and Sue them ?

    After working for a contractor nearly 2 years we took 2 weeks off (complete shut down ) contractor emails union hall for me to came back and union hall lied and sent someone else in my place but since it takes time to get cleared to work here I go...

    L. Maxwell’s Answer

    The title of your question mentions discrimination, but in the body of your question you don't give any facts which give rise to an inference that you were subjected to unlawful discrimination, i.e., on the basis of race, gender, national origin, age, religion, disability or perceived disability, skin color, etc. So no lawyer here is going to be able to make the inferential leap to unlawful discrimination on the basis of the facts you stated.

    Discrimination aside, unions are not liable for negligence, only for breach of the duty of fair representation. Unlike, say, lawyers, who owe a duty of undivided loyalty to their clients, unions owe a duty to everybody in the union, not just a particular member. So the liability of a union is far more limited.

    Just general information, not legal advice. I don't practice law in New York or hold New York licensure. Consult a New York lawyer who practices in the area of labor relations if you want legal advice you can rely on. I practice in Vermont ONLY.

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  • How can a pension fund be gotten into and pick and choose who will get money and who won't. Is that legal? What's my options?

    Retired person receiving a pension. The Co. I worked for (Timken Bearing Canton, Oh) was unionized and whatever contract you retired from is what was to remain in place. For whatever reason, the Co. and union got together and agreed to move the mo...

    L. Maxwell’s Answer

    You are describing a legal circumstance which involves issues such as interpretation of the federal statute called ERISA and the legal effect of language a collective bargaining agreement. These are complicated issues. If you want legal advice you can rely on you must take all relevant paperwork to a lawyer knowledgeable about employee benefits law and hire her or him to listen to your questions, review that paperwork, and advise you accordingly. The Stark County Bar Association operates a lawyer referral service, so give that a try. See link below.

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  • I'm wondering if they can do that and if they can't can I go ahead and sue them?

    At my workplace I've gotten threatened and cussed at for no reason by a manager. When I went to the general manager about it everything got turned to me. They basically said if I threaten to quit again they're going to fire me.

    L. Maxwell’s Answer

    As far as I know there is no jurisdiction in the United States in which there is any kind of a legal remedy for garden-variety workplace bullying. If a supervisor is bullying someone because of race, gender, skin color, national origin, disability (real or perceived), age over forty, religion, and in some states sexual orientation, it may give rise to a claim under state or federal employment discrimination law. But a supervisor's plain old verbal bullying for no reason is not something to bring to the courts. The best remedy is to find a job you like better where you are treated respectfully.

    The link below, to the Workplace Bullying Institute, may be helpful. Their site is worth exploring.

    Not legal advice, just my two cents. I don't practice law in Tennessee or hold Tennessee licensure. Consult Tennesee counsel to obtain legal advice you can rely on. I practice in Vermont ONLY.

    Good luck.

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  • What kind of fee does a lawyer charge to handle a case of medical malpractice suit besides his cost?

    I have a medical malpratice suit and looking for a lawyer. What fee should I be looking at to pay the lawyers besides their cost?? The suit is a broken drill bit that a doctor broke off in my shoulder and left it in my shoulder and having lots of ...

    L. Maxwell’s Answer

    It's not uncommon for lawyers handling a plaintiff's medical malpractice claim to charge a third of the gross recovery, plus costs which usually include expert fees in almost all med-mal cases. It is a matter of contract between the lawyers and the client. Depending upon the difficulty of the case and the perceived risk, some lawyers may charge an even higher percentage of the gross. I don't know whether the going rate in Alabama is different than elsewhere, but that's the lay of the land based on my experience.

    Not legal advice, just my two cents.

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