Lawrence Neil Rogak's Answers

What rights do the states have over the federal government in 1787

The struggle between the power of the Federal government and the power of the States has been hotly debated even before the Constitution was drawn up. Back in 1787, America had just won its independence from England, and the war had been started because the States wanted to be free of the strong, heavy hand of the King of England. The Founding Fathers were very wary of creating another strong central government, which they feared could become as oppressive as the British government had been....

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Lawyer with Mental Illness

Whether or not an attorney has an illness -- mental or physical -- that renders him or her incapable of carrying out his or her duties as an attorney, is a matter that should be brought to the attention of the Grievance Committee. I would add that a layman's diagnosis of mental illness may not be accurate. Many lawyers have quirks and eccentricities. The essential question is whether those quirks and eccentricities prevent the attorney from functioning, and whether or not they cause the...

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Dating a sex offender

Criminals are the world's biggest con men -- except maybe for top corporate executives at companies like Enron and Adelphia. You probably couldn't find a man in prison, or who used to be in prison, who admits his crime. How do you think he got to be a Level 3 sex offender? By parking too long at a meter? Don't be stupid. You have children and your first instinct should be to protect them, not to look for reasons to believe a man who has earned the label of "dangerous sexual predator."...

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Legal Age difference

Under Washington State's rape and child molestation laws, if the child is between 14 and 16, it is only a crime to have sex with that child if you are at least 4 years (48 months) older than the child. It sounds like you are about 3 years older than your boyfriend but less than 4 years older, so it does not appear that your having sex with your boyfriend would be a criminal act. But, that doesn't mean that it's necessarily a good idea. At 18, you are an adult, and you should be exercising...

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Are lawyers generally scared of judges?

A good attorney "respects" judges, but doesn't fear them. No lawyer should advise his client to make any plea or take any position just because of what the judge "expects," unless that expectation is based on a prior discussion with the judge in which the case was discussed and the lawyer represented to the judge that his client would be making a certain plea at the next court appearance. There are all kinds of judges, and some of them can be intimidating. But that should play little or no...

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Competency to stand trial

A defendant is usually presumed competent to stand trial unless his mental condition prevents him from understanding the nature and object of the proceedings against him, or the court determines that he is unable to assist in his defense. The test for competency to stand trial is whether the defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding--and whether he has a rational as well as factual understanding of the proceedings...

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Slip and Fall

Before you delay any longer, speak to an attorney in your area who handles personal injury cases. Generally speaking, a store's liability for water or other slippery substances on a floor depends on how long it was there and how it got there. If another customer spilled something and nobody from the store was aware of it before you fell, liability may be hard to prove. It sounds like your injuries are substantial, and this is not the kind of claim where you should be doing your own...

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Can I get sued for more then what insurance covers?

I am a New York insurance attorney. It is very common for people to sue for large amounts of money, but in the end, every lawsuit is only worth what that kind of injury is worth. Also, in New York, a person suing for personal injuries because of a car accident must meet the "No Fault Threshold," or else his lawsuit may be dismissed from court. The "threshold" requires either a fracture, or an injury that disables the person for 90 out of the 180 days following the accident. In other words,...

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Do retainer fees have to be in writing in NY?

New York has a mandatory client bill of rights which includes rules on retainer agreements. Click the link below to read it.

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Opposing insurance company gave claimant wrong legal info (statute of limitations)& says they closed the claim.What can be done?

Some courts may "punish" the insurance company for giving you that incorrect information by applying a legal principle called "estoppel." The way it works, in a case like this, is that because the insurance company gave you false information about the statute of limitations, and you relied on it, the insurance company might not be able to plead the statute of limitations as a defense (assuming the statute has run out). One tactic I recommend in a case like this is to write a complaint to...

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