Richard E Weltman’s Answers

Richard E Weltman

New York Litigation Lawyer.

Contributor Level 14
  1. If Defendant doesn't comply with 1st discovery request should I motion to compel (after good faith effort) or demand more first?

    Answered 9 months ago.

    1. Eric Edward Rothstein
    2. Richard E Weltman
    3. William Thomas Mccaffery
    4. Jeffrey Steven Feinberg
    4 lawyer answers

    If your objective is to obtain discoverable case information and documents rather than simply punish defendant , then you should get all of your discovery requests including interrogatories out there. If necessary, the court at a preliminary conference can later deal with any unresolved discovery disputes down the road.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Does writing a letter to the judge works

    Answered 10 months ago.

    1. Richard E Weltman
    2. Douglas F Herring
    3. Christopher Edward Ezold
    4. James Alexander Abate
    5. William J Popovich
    6. ···
    7 lawyer answers

    Confer with your boyfriend's defense attorney regarding sentencing guidelines, the facts and circumstances of his case, and communications to the court. Otherwise, your statement to the court--while well-meaning--may not be considered.

    Selected as best answer

  3. Personal injury

    Answered about 2 months ago.

    1. Craig A. Post
    2. Richard E Weltman
    3. Eric Edward Rothstein
    4. Valentine Joseph Wallace
    5. Alan James Brinkmeier
    6. ···
    6 lawyer answers

    Generally the answer to both questions is yes. Are you representing yourself here without counsel? If so, you would likely benefit by having your own experienced trial attorney advocate for you to the judge. One goal would be to limit surprises, set reasonable limits on pre-trial discovery and otherwise seek to rein in defense counsel with a pretrial scheduling order fair to all parties.

    5 lawyers agreed with this answer

  4. Re: Chapter 13 Bankruptcy in NJ How long will it take for the Trustee to file a motion to dismiss once a stay has been lifted?

    Answered 3 months ago.

    1. Richard E Weltman
    2. Jonathan Stone
    3. David Stevens
    4. Blake Owen Brewer
    4 lawyer answers

    More facts are needed. Sounds like trustee can move to dismiss the chapter 13 case at any time. Why not call trustee's counsel yourself (or have your attorney do so) and ask the question directly?

    5 lawyers agreed with this answer

  5. If the wrong party sued and the proper party seeks to substitute itself after the 6 year SOL expired, are they allowed to?

    Answered 3 months ago.

    1. Richard E Weltman
    2. Thomas Alan Holman
    3. Gaetano Parrinello
    3 lawyer answers

    Whether the correct party can now be substituted depends on notice, fairness and the relative prejudice to the parties. The court's ruling will be based upon a mixed question of law and fact. It can go either way. Engage an experienced NY trial lawyer to advocate on your behalf.

    5 lawyers agreed with this answer

  6. What happens to an LLC when a member dies? Does his family have the right to shut the business down without member's consent?

    Answered 3 months ago.

    1. Richard E Weltman
    2. Michael T Warshaw
    3. Gregory Dexter
    4. Christopher Edward Ezold
    5. Tony Anthony
    5 lawyer answers

    Collect the documents including the operating agreement and take these immediately to an experienced business lawyer for evaluation and counsel.

    5 lawyers agreed with this answer

  7. Can my parents sue their old attorney?

    Answered 3 months ago.

    1. Eric Edward Rothstein
    2. Richard E Weltman
    3. Mildred N. Phillips
    4. Michael Hal Schwartz
    4 lawyer answers

    Your parents should start by getting an opinion from the replacement lawyer or an independent bankruptcy professional. This should be done in a confidential office setting. If they wish to pursue an action they must act immediately to investigate and preserve their rights, if any, under applicable filing deadlines.

    5 lawyers agreed with this answer

  8. I own 100% of my corporation 200 shares of no par value. A friend wants to buy in 15% of my company.

    Answered 3 months ago.

    1. Jeffrey Warren Berkman
    2. Richard E Weltman
    3. Samuel Cahn
    4. Glenn Johnston
    5. Natia Daviti
    6. ···
    6 lawyer answers

    The question you ask is an important one. In most cases you will benefit from a lawyer (and an experienced accountant). Much depends on the terms set forth in your written shareholder's agreement. In a closely held corporation like yours, values are hard to come by as the stock is neither listed not traded on a public exchange. A fair value for the 15% of the shares needs to be established, along with reasonable restrictions on further sale or conveyance of the closely held stock. These issues...

    5 lawyers agreed with this answer

  9. Can one company cofounder promise to personally pay another cofounder for their shares?

    Answered 7 months ago.

    1. Richard E Weltman
    2. Dana Whitney Atchley
    3. Michael Charles Doland
    4. Robert V Cornish Jr.
    4 lawyer answers

    Hire an experienced business lawyer with securities law expertise to review your proposed plan as well as the company's existing documents. Speak to the company's accountant as well. You should not do this on your own even with the best of intentions.

    5 lawyers agreed with this answer

  10. Custody of a dog

    Answered 7 months ago.

    1. Richard E Weltman
    2. Dana Whitney Atchley
    3. Eric Edward Rothstein
    4. Marco Caviglia
    4 lawyer answers

    You could go to court and contest "custody" although this can be costly and uncertain. Better you work this out together. Get a lawyer and put your complete agreement in writing.

    5 lawyers agreed with this answer

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