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Allen Yi’s Answers

7 total

  • Two years ago I was recommended a lawyer in New York to handle my discrimination claim against my company. She turn to be inept.

    She blew it and sucked all my money. I consider suing her for malpractice. However, I have no money left and I don't know anybody who would be willing to represent me. I need help. I am at the and of the rope.

    Allen’s Answer

    You should consult an attorney. It's very possible for you to find a lawyer who would be willing to take your case on a contingency basis (meaning no attorney fees unless the lawyer gets you something). Generally speaking to establish a prima facie case of legal malpractice you will have to prove that your [1] attorney was negligent, [2] that the negligence caused you to lose your case, and [3] had the attorney not screwed up, you would have won your initial lawsuit.
    The questions is: how was your attorney "inept"? If she blew a statute, then it's a pretty easy case. You just have to start calling lawyers in your area and walk them through your specific fact pattern.
    Good luck.

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  • I am suing New York City and it’s taking forever!

    I tripped and fell on a sidewalk back in 2005 and my lawyer sued the city of NY. Still I do not feel that we have gotten anywhere. What is taking so long? Is my lawyer the problem, or is this normal. He keeps saying that the city is like this....

    Allen’s Answer

    Yes, your lawyer is correct and you should believe him. City cases are notorious for being difficult to deal with and SLOW. However, interestingly enough, recently the city’s corporation counsel (one Michael A. Cardozo) is on the naughty list of the majority of New York’s court justices. It all happened because he made a comment that criticized the judiciary of inefficiency and/or ineffectiveness. Well, those who live in glass houses shouldn’t be casting any stones. He basically got slammed back (in the form of angry public letters) by the justices of the court and the Plaintiff’s bar (my brethrens). Not to mention the city lost a couple of discovery motions since this event. Talk to your lawyer about this recent development and see if he would be interested in employing new tactics for your case. Maybe it’s time to start some motions. No guarantees that you’ll win, but it can’t hurt.
    Good luck with you case.

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  • WTF! My friend got a DWI for sleeping in his car!

    After a night of drinking, my friend left the bar and went to sleep in his car. He trned on his car for heat and then the NYPD came and arrested him for DWI. He was not driving! His free lawyer tells him to plead guilty! It makes no sense. Wha...

    Allen’s Answer

    First of all, your friend needs a lawyer. DWI’s can be serious, and I’m sure he wants to minimize negative consequences as much as possible (ie, get the best plea deal possible). Though public defenders are competent attorneys in and of themselves, there is definitely a difference in service between lawyers whom you pay an hourly rate for and “free lawyers”. The results may be the similar, but in terms of service, there SHOULD be a difference. If you can afford it, I would recommend it.
    As for your friend’s situation, recently a CT court upheld a DUI against a driver who was only sleeping in his car while drunk. It comes down to what is the definition of the word “operation”. The Ct court held that turning on the car counts as “operation”. My personal feeling is that such an act does not fall within the spirit of DUI laws (ie, protecting people from intoxicated people from DRIVING), but that’s neither here nor there.
    In NY, the law is almost as bad, but not terrible. Being caught intoxicated while sitting behind the wheel of a car that is running creates a presumption that the driver is operating a vehicle while intoxicated. The defendant can rebut this presumption by offering credible evidence to the contrary. Your friend needs to find witnesses that backs up his story. Maybe there’s a security camera somewhere that would support his story. Look for things that show he was in his car for a while and not doing anything. Oh, and of course, it should have been reasonably cold that night as well. It doesn’t look good if your friend said he turned on the car for heat, but it turns out to be a hot summer night. Build up on evidence, and that would give your friend a chance at getting off the charges. At the very least, the evidence creates a bargaining chip for him to negotiate with the prosecutors for a better plea deal.
    Good luck with everything. Please give your friend my regards.

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  • Is there a statue of limitation on personal injuries from an auto accident?

    I was in a serious auto accident in 1996 and thought that I came out with no injuries but found out about two years ago around 2007, I had some internal injuries to both my knees. How I have serious knee problems at the age of 36. Is there a sta...

    Allen’s Answer

    Statute of limitations or no statute of limitations, the first thing you should do is seek a lawyer. Personal injury is usually done under a contingency fee (meaning you pay attorney fees only when your lawyer gets money for you) and consultation is almost always free. The lawyer will analyze your situation and determine if he wants to run your case. You just sit back, answer questions, and be as helpful as you can.

    Generally speaking torts based on negligence have a 3 year statute of limitation from the time of the accident, though sometimes it can be from time of discovery of injury depending on the situation. Even so, the statute of limitation defense is a defense - meaning if your opponent doesn't raise it, it doesn't apply. Depending on your adversary, that may or may not happen. Sometimes in the practice of law, after a summons and complaint has been served and there's no answer for a period of time (meaning the insurance company or defendant dropped the ball), they would call the Plaintiff for time to extend the time to answer. Personally, if I give them that, I ask for them to waive jurisdictional defenses in return. This is by no means the usual way things happen (several screw up on my adversary's part must first occur), but it's a possibility.

    Start calling lawyers in your area and see if anyone will take your case. You've got nothing to lose. Sorry for your pain. Good luck.

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  • What can I do to compel the mother of my child to allow me contact and visitation

    contacting my child that i haven't seen and have been refused contact by the mother

    Allen’s Answer

    To "compel" anyone to do anything will usually require a valid judgment. Without information about your marital status and detailed answers about you, the mother in question, the child, and your relationship, it would be really difficult to say what would happen in a lawsuit.

    Talk to a lawyer from your state about visitation rights. If you are divorced, then this should have been detailed in a judgment or separation agreement. You are entitled to have access to your child... unless you happen to be a really terrible person (in that case, the judge would probably not give you what you want).

    Good luck.

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  • I owe money to a lawyer can I be ordered to the seizue and sale of m personal and real property, what can I do to protect myself

    I owe a divorce lawyer money. I have been pay her as much money as I can each month for over a year now and some times twice a month when finances will allow me. She has hired a law firm in Chatanooga, Tennessee to collect the remainder of the deb...

    Allen’s Answer

    To answer your question, yes. Generally speaking, if you are ordered by a judgment against you to pay money owed, the opposing lawyer can use a variety of tools and strategies to recover that money - including the seizing of personal and real property.

    How do you protect yourself... that requires more information. For example, how much in assets do you have and how much do you owe? Bankruptcy is always an option if you are about to be forced out of house and home. It protects a lot of your assets and it cancels out most debt.

    Important tip. Negotiate with the other side and get the number down. They have to spend money to get your money via a lawsuit and it takes time. Plus, they can't be sure that they can even make that recovery in the end because who knows where and what your assets are and whether they exist or will exist after the completion of the lawsuit. Settlement is always an option... you just have to know what's leverage against them. Money today is much better than a possibility of money tomorrow.

    Most important tip. Talk to a legal counsel from your state and get some wealth management/protection and bankruptcy advice. If you can't afford a lawyer, look for non-profit legal organizations that would counsel you on bankruptcy protection. I used to participate in a Bankruptcy Pro Bono program while in law school, so law schools in your area may be a good source to find some free legal help.

    I'm sorry for all you troubles. Hope this has been helpful. Good luck. :)

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  • My roomate pushed, and i failed on the stairs.what to do?

    My roomate pushed me, and i failed down the stairs, from the top to the bottom.He happened four days ago.he recognized that he intentionaly pushed me in front of the emergency crew who took me to the hospital.i still feel the pain on my right shou...

    Allen’s Answer

    There's a few ways to analyze your case. To cut to the chase, in the end a lawsuit is about money. There's no point in suing someone only to be left with no recovery (it wastes your time and the time of your attorney). There are three things to consider: [1] recovery potential; [2] liability, and [3] injury.

    [1] First, find out if your friend carries any insurance for personal liability - it should come with any renter's insurance policy. If there is no insurance, then I hope your friend is rich enough to pay you a substantial settlement (remember that bankruptcy will protect a lot of assets, and if you force him to go to bankruptcy - people will usually fight you tooth and nail to survive). No insurance = likely a no go, unless he's got substantial assets in his name and easy to find.

    If he has insurance then the insurance will pay money only when the event was an accident (meaning not intentional). Assuming he was intentionally pushing you down the stairs - then the insurance will likely disclaim him and you will not get paid for your injuries from the insurance company. If he accidentally touched you and you were caused to fall down the stairs, then the insurance should pick up this case - he would have lawyers to defend him and money (up to the insurance limits) for settling your case against him. Make sure he reports this claim as soon as possible, or else the insurance will disclaim him for not telling them in time.

    WARNING: Under no circumstances should you collude with your friend to commit insurance fraud. That is a very serious crime. Your case is what it is, it's not worth going to jail over.

    [2] Next liability translates to a percentage of how wrong he was. If fault is 100% attributable to him then he pays 100% of the damages; if 50% liable, then he pays 50%, and so on and so forth.

    [3] Your injuries translates to how much you can potentially get in compensation for your accident. The lighter your injuries, the less money you can get; more severe, more money. Obviously if you just got a little bruise, then its going to be very little; and if you get surgery, then there is more pain and suffering for you and as such you deserve more in compensation.

    If your friend has substantial assets, and you sue under a theory of intentional torts, you may get something called punitive damages, meaning an amount that the court forces him to pay you as a punishment for his very bad behavior.

    In the end, you should discuss this case in detail with an attorney. That's basically all you have to do. The lawyer will handle the rest of it.

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