Edward Anthony Tini's Answers

This is reference to WC Claim in New York state. If I am in the middle of a supposed settlement can I change lawyers?

I am sorry for the difficulties you are experiencing with your case. I am not sure what your specific question is, however based on some of the comments you made I have some responses: In almost every circumstance you are free to change attorneys at almost any time.If a change is made the outgoing law firm will usually still have a rightful claim for fees and reimbursement of costs, as typically set forth in the retainer agreement. This often results in a lien on the case. You state the...

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Moving on with you life during a separation?

If you have an attorney handling this matter for you i suggest you consult with him or her; or contact your local Bar Association for a refferal to a local attorney. Generally speaking, if the parties are legally separated they are free to do as they please in the manner you suggest. However, please be mindful that if there are minor children involved that your lifestyle may be called into question should custody remain an open issue. I wish you the best of luck. If you found this...

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Do I need an employment attorney?

It sounds like you are an "at-will" employee, meaning that you can essentially be terminated for any reason. Did you have any employment contract or any type of written document setting forth the terms of your employment? Did your employer have an employee handbook or other documents detailing employee rights? Was the termination based on some bias toward a class of people that may be protected 9such as race/age/disability/religion, etc). If any of these situations apply in your case, or if...

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My 2 brothers and 4 sisters are suing me for a house my mom gave me,I'm her legal Guardian.

I am sorry for the situation you currently find yourself in. I am also somewhat confused by the fact pattern you present. if the house is jointly held between you and your mother than what your siblings want will be of no consequence. However, if she "signed a paper and gave them the house" you need to be specify what document was signed and what it purported to say. if you own one half of the house you would have to consent to transferring title to your siblings (at least as to your half)....

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NYC - My lawyer is holding rent in escrow over 2 years and will not return it without getting a release from the opposing sid

You may not want to hear this but generally speaking your attorney is correct in not releasing the funds to you simply based on your demand that he do so. An attorney escrow or IOLA account hold funds that are earmarked for a specific purpose and can not be released until all parties to the transaction are in agreement. If there is an escrow agreement it should set forth the parameters for releasing the funds. If your attorney believes that opposing counsel is unreasonably withholding his...

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Lady dies--her siblings have her key to her safe deposit box...what now?

This is a difficult situation, but not as unusual as you might suspect. If there was no Will a representative of the Estate must be appointed and empowered to make decisions necessary to finalizing the estate. Under NY law the children are considered to be in a higher place than the siblings in terms of inheriting assets of the estate. Of course, if there IS a Will out there somewhere that could change things. Since the siblings are in good faith posession of the key to the safe deposit box...

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How long does it takes to settle a lawsuit?

I am sorry for your accident and subsequent difficulties you are experiencing with your current attorney. As stated previously by my fellow attorney, soft tissue injuries such as yours are often more difficult to quantify. In NY an actionable injury must be serious enough to meet a certain threshold. This typically includes severe fractures, broken bones, and some types of soft tissue injury. Your summary lacks sufficient detail with respect to your treament to give more specific guidance....

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My car was totalled by an intoxicated driver, what should I do?

I am sorry for this unfortunate experience. I strongly recommend that you confer with your attorney immediately to best preserve and advance your legal interests. Mr. Sarno correctly states that there is a difference between the damage to your car and compensation for your injuries. I suggest that you document the nature of your injuries and seek appropriate medical treatment. My firm is well versed in this area if you are in need of further consult. etini@mtlaw.com. Good luck!

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My question is whether or not a person signed a third party guarantee or not for a debt, but... if one can prove that the debt

You are making a very serious allegation against your former attorney. if the documents she is relying are not genuine you may want to consider filing a criminal complaint. please be cautioned that this is a VERY serious claim and, if true, the attorney could face disciplinary charges and her licese to practice law could be in jeopardy. Since the matter seems to be in court, I suggest alerting the court that the documents in evidence are fraudulent. Good luck.

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I Need an Excellent Custody Attorney

I am sorry for the situation you currenty find yourself in. As you are perhaps now discovering, this area of the law is particularly stressful and frustrating to the litigants, and particularly so for someone acting as their own attorney. The court takes many things into consideration while evaluating custody options; however at all times they consider "the best interests of the child". Toward that end, it is likely that a Guardian Ad litem has been/will be apointed to assist the Judge. Your...