Michael Lubing’s Answers

Michael Lubing

New York attorney.

Contributor Level 9
  1. Deposition in a divorce case

    Answered about 1 year ago.

    1. Michael Lubing
    2. David Alexander Browde
    3. Philip Adam Kusnetz
    4. David Ivan Bliven
    4 lawyer answers

    It would be extremely unusual for a represented party to be taking the deposition of another represented party. I have never seen this happen. I would suggest that you may be misreading the deposition notice in some way, but only your attorney can tell you this for sure. You should contact him or her immediately and fax a version of the notice that you received so that it can be reviewed. All of this being said, it is actually extraordinarily difficult to take a good deposition. It takes...

    7 lawyers agreed with this answer

  2. My lawyer is claiming that "i failed to abide by contractual obligations with law firm", what does that mean?

    Answered about 1 year ago.

    1. Tami Lane Augen
    2. Frederick Lincoln Pollack
    3. Michael Lubing
    4. Aaron Scott Hill
    4 lawyer answers

    Your attorney is saying that you violated the terms of your retainer agreement. This could mean you didn't make payments on time, didn't cooperate with him/her, or something else. This phrase is often a precursor to the attorney discharging you as a client. If this is the case, you should seek other counsel as soon as possible.

    8 lawyers agreed with this answer

  3. A caller BLOCKED, whohas some automatic redial and is on continuous call, thus blocking my activities on iPhone. Can last all

    Answered about 1 year ago.

    1. Thomas A. Ricotta
    2. Michael Lubing
    3. Kevin Rindler Madison
    3 lawyer answers

    Your carrier might be the most helpful here. They should at least be able to change your number to stop this. You may also have a legal remedy for a harassment suit, but it will probably be a long and expensive process since you do not yet know the identity of the harassing caller. You should consult an experienced attorney if you wish to pursue. In the meantime, contact your carrier and see what they can do to help.

    5 lawyers agreed with this answer

  4. I know that my employer is removing overtime minutes from our timekeeping software. How do I proceed?

    Answered about 1 year ago.

    1. Michael Lubing
    2. Joseph Albin Larson
    3. Randy T. Enochs
    3 lawyer answers

    Unless you fall into certain limited exemptions, the Fair Labor Standards Act or FLSA requires that you be paid overtime if you wok more than 40 hours a week. That being said, the situation that you describe, where you were shorted 6 minutes, may not be a violation of the law. Some companies have what are called "rounding" policies, where your time is rounded in up to 15 minute increments. It works like this: f you work until 8:06 your time may be rounded down to 8:00, and if you work until...

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  5. Do I need an attorney

    Answered about 1 year ago.

    1. Thomas Edge
    2. Michael Lubing
    3. John P Corrigan
    4. Billy Jack Stovall II
    4 lawyer answers

    Get an attorney as soon as possible. They will be able to help you with the legal process. This isn't something you want to try to take on by yourself.

    6 lawyers agreed with this answer

  6. Maximum penalty for improper service of motion in New York

    Answered about 1 year ago.

    1. Steven Warren Smollens
    2. Michael Lubing
    3. Michael R Varble, Esq.
    3 lawyer answers

    This is not typical for motions, but this may be proper service for a summons in some circumstances. CPLR 308(4) specifies that if service cannot be cannot be made upon a natural person or a person of suitable age and discretion, service may be made "...by affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served and by either mailing the summons to such person at his or her last known...

    4 lawyers agreed with this answer

  7. Atty hired $ 200 hour- Condemnation case. 2 months before Hearing, Atty charging me 8 hours day-3 days in row. What can I do?

    Answered about 1 year ago.

    1. Mark Allen Land
    2. Michael Lubing
    3. Edward James Kazaleh
    4. Aaron Scott Hill
    4 lawyer answers

    As I understand the situation, your attorney got you much of the relief that you wanted, but you are unhappy with the amount of the bill. You can ask your attorney to reduce your bill, but realistically, if he worked those hours for you, he is entitled to the money.

    5 lawyers agreed with this answer

  8. What kind of attorney we need to consult ? Please help understand issues.

    Answered about 1 year ago.

    1. Arthur H. Forman
    2. Michael Lubing
    3. John P Corrigan
    3 lawyer answers

    In addition to the worker's comp issues, you may want to contact an attorney that deals with wage and hour issues for a consultation. Depending on the number of hours a week you were working and how you were being paid, you may be due additional money for the weeks you worked as overtime compensation.

    3 lawyers agreed with this answer

  9. The neighbor does not do repairs and maintenance to his attached house and it is affecting my property.

    Answered about 1 year ago.

    1. Steven Warren Smollens
    2. Michael Lubing
    2 lawyer answers

    Obviously a bad situation. Other people may have additional ideas, but here are my thoughts: 1) You can certainly call the NYPD and report the drug dealing. You are able to do this anonymously if you wish. This might get rid of this guy. 2) The kind of house we're talking about and the kind of agreement you have, if any, with your neighbor affects what you can do legally about the maintenance issues. Sometimes, if it's a duplex, you have a specific agreement that was created when the...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. I'm 28 and my girlfriend is two months away from turning 19. Is it illegal for us to be together in anyway shape or form at all?

    Answered about 1 year ago.

    1. Michael Lubing
    2. Mark Allen Land
    3. Aaron Scott Hill
    4. Robert E. Harris Jr.
    4 lawyer answers

    Unless there's a circumstance I'm missing here, you are both legal adults and are of the age of consent. I don't see a specific reason why it would be illegal for you to be together. Perhaps a Texas attorney has a better answer, or you could try to clarify the specific legal issue you think applies. If you're a teacher and she's a student at your school, for example, I believe that is a violation of TX law.

    4 lawyers agreed with this answer