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Jack Richard Lebowitz
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Jack Lebowitz’s Answers

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  • Ok can i get an attorney s bar license suspended or disbarred

    well due to not letting the police know of a crime that happened.blake rhodes molested my daughter and my x told me not to tell the police nothing.and she knew what happened

    Jack’s Answer

    Your question is confusing and potentially defamatory (for mentioning a specific persons name and accusing him or her of a crime).

    However unless "Blake Rhodes" is the attorney in question and your daughter was his client and or he did commit a provable crime for which he can be charged or convicted, the answer to your question is "probably not".

    If this molestation was something that the attorney heard about in the course of representing your daughter or a related party, or your daughter was a minor and the lawyer had first-hand reliable proof of the molestation (not hearsay or gossip), he or she is probably under no duty to report a possible crime to police or CPS, and may have had good tactical or strategic reasons not to involve that crime in the legal matter he was providing advice, assistance or representation on.

    If this Blake Rhodes was an adverse witness and the lawyer had solid proof of the molestation and didn't raise it on cross examination for the purposes of impeachment and Rhodes was the key witness and you lost the case solely because of that -- that sort of thing-- that MIGHT be malpractice, but tactical mistakes of that sort at trial would not be a reason for bar discipline such as disbarment.

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  • Unlawful injunction filed and granted my presence not available due to short notice based on due process and equal protection

    principles such conduct is not unlawful under state and federal constitution therefore I shall enjoy the right ceteris paribus to relocate waste onto vacant property that i made purchase of and signed thou deed as recipient in both and in law laws...

    Jack’s Answer

    Post this question in the land use area and look at attorney Bettencourt's excellent answer to a similar unclear and confusing question here:

    http://www.avvo.com/legal-answers/what-options-are-available-to-a-client-if-he-is-un-2325192.html?answer_id=5605076#answer_5605076

    And when you write this one page précis of your problem or question, try to avoid Latin words and speaking in legalize. Use plain English words like you were explaining something to a friend or family member, not a lawyer. It's doesn't make yor case more impressive sounding, just more confusing. Let the lawyers assign any applicable legal terms to the fact pattern you tell them, that is their job.

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  • What options are available to a client if he is unable to find a legal representative despite him having strong case ?

    A legal harm was committed. Despite him reaching out to the attorneys. No attorney has stepped forward. What options are available ?

    Jack’s Answer

    I would seek a free consultation, and perhaps a paid consultation offering two hours of an attorneys typical hourly rate, to provide you with a candid analysis of the law applicable to your claim and an assessment of the potential for your recovery and amount of damages, and whether this is the type of case which practically or ethically may be taken on as a contingency basis (not all can)..

    I suspect there is an unspoken "message" in the lack of enthusiasm for representing you that the lawyers are trying to tell you you don't have much of. a case. Under the ethical rules of the profession, an attorney is not obligated to take on any particular client's representation or cause. Perhaps this would help you understand your grievance from a strictly legal point of view. There are MANY instances of unfairness in life that have no practical legal remedies, for instance, "wrongful termination" cases brought by employees at will who had no written employment contract with a "buy out" "firing without cause" provision. Or most legal malpractice claims. Or any claim where the expensive costs of litigation are greater than the possible recovery, or the long odds on recovery given the law or circumstances.

    If you were to say more about your claim in another question in that subject matter area without disclosing particular names or confidential facts (waiving privileges and confidentiality by online public disclosure), attorneys would generally be able to offer more insights in this forum for the apparent lack of interest in your case.

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  • Why is it so hard to find an attorney for legal malpractice?

    I was told by the Legal Aid Society I needed a legal malpractice attorney. Unfortunately, when I can get a return call, there's either a conflict where they appear on the same Board, or the testify for each other, so where does that leave me? I g...

    Jack’s Answer

    Mr. Gross is quite correct in saying perhaps the reasons you are not getting calls back is that the "crickets" coming from your prospective attorneys is their way of saying your case is probably so difficult and has such long odds against recovery as to not be worth their time or yours taking the case on and this is their possibly rude but harsh way of communicating this.

    Unless you had an employment contract (i.e., written contract, you were not the typical "employee at will" who can be fired for any or no reason with no recourse), including a union-member negotiated contract, or were the victim of blatant discriminatory action as a "protected class" (requested family leave when pregnant, race, etc.), you don't have a good "wrongful termination" claim.

    And if you somehow DID have a good "wrongful termination" claim, to prove legal malpractice, you would have to show that "but for" something the attorney did, you would have won, rather than lost that case in court. Usually, the only thing that qualifies for that kind of blatant "but for" test is the attorney missing a "drop dead" deadline for filing a claim or bringing a lawsuit after taking a retainer for your case and agreeing to represent you.

    Lastly, your mention of a "Legal Aid Society" makes me wonder whether you are looking for a lawyer to take this difficult case on for free ("pro bono") or "on the come" as a contingency case, like a personal injury case. In such event, that would further explain why you are not finding any lawyer who is willing to do this.

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  • Why doesn't Avvo allow you to rate an answer?

    Some answers on here are amazing. They answer the question you asked fully and are very helpful. These answers deserve to be recognized. Others are horrible. They don't answer the question at all, or they make you feel ignorant/little, or they sim...

    Jack’s Answer

    Client ratings are only for actual clients of an attorney, including those who have actually consulted with the attorney and chosen not to retain the attorney.

    Non-clients and casual readers of the site or askers for free casual advice can mark the answer as "helpful" or not. If their question has not been answered to their satisfaction, they can leave disparaging comments or keep asking for follow up advice. Other attorneys who have professional knowledge in the area can "agree" with the question or sometimes pointedly disagree with the advice (and sometimes do) by leaving their own answer and criticizing the advice given by another attorney. If attorneys over time see and like advice given by other lawyers, they will endorse them.

    In my opinion, these mechanisms are appropriate for casual users to rate lawyers solely by whether they like or find their Avvo answers useful. I believe most users would prefer client ratings only to be made by actual or prospective clients of an attorney who have paid money and had a long period of engagement or experience with that lawyer. Additionally, your proposal would encourage "gaming" or "trolling" of the system by people leaving reviews based on scant knowledge or "sock puppets" pro or con (competitiors) leaving graffiti in an attorney review. Such reviews would be less helpful to consumers generally if your proposal were to be adopted.

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  • An attorney prepared documents for me. How much should I pay them?

    I never signed a retainer, and the amount anticipated in the beginning (agreed between the attorney and myself) was much lower than the final bill ended up being. In the end they charged by hours, but I did a lot of the leg work myself. I want t...

    Jack’s Answer

    Like any contract, generally speaking, if the parties orally agree on a price and a scope of services or deliverables. and there is no written agreement, the attorneys are bound by their oral agreement, especially if. as you suggest, you discussed and agreed to a fixed fee for a particular job and they ended up charging by the hour. Additionally, there are ethical rules enforced by the state bars that the fees charged must be reasonable. I say "generally speaking" above, because sometimes general contract rules or bar rules require certain kinds of contracts or retainer agreements to be in writing.

    In any case, if the facts are as you say they are, I am going to suggest, if the documents are otherwise satisfactory, that you paid what the amount "anticipated" was going to be that both the attorneys suggested and you agreed to. You can no more discount the job based "on what you think it was worth" or "that you did legwork" than they can change the deal after the fact by suggesting it was going to be billed by the hour. There is also a non-contract theory called "quantum meruit" where a job can be priced based on what a reasonable third party would charge (i.e., the market value or price).

    Often "commodity" work like drafting a will, closing a residential real estate sale or forming a corporation or LLC will have a pretty typical price in a given market area to the ±$100 range, and that might be another way of setting a price or settling this dispute if this was the kind of job it was rather than a "bespoke", "one off" kind of customized job, not just changing the names on an existing form done for a previous client.

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  • Can attorneys remove their negative reveiws on avvo

    Recent reveiws post missing

    Jack’s Answer

    No. Attorneys can't remove negative reviews, but they are moderated by Avvo staff to make sure they aren't fake or trolling.

    Attorneys can REPLY to negative reviews, but the "hit" on their "client review" star rating remains unchanged.

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  • Does a parental draft hold water in court?

    I filed for custody of my boys. Their mother, my ex, is refusing to let me see them. She said she'd bring them to me this weekend if I signed some draft custody agreement she wrote herself. No lawyer, no law Guardian, nothing notorized. If I sig...

    Jack’s Answer

    I agree with the other attorneys and advise my clients in this situation not to negotiate with an unreasonable custodial parent. Take the long view. You have a right to liberal, frequent visitation and reasonable accommodations, such as the parents sharing transportation.

    There's little to be gained by making a hasty, bad deal on the other parent's terms because you're going to miss a few visits or go a couple of months without much visitation until the matter ends up in court. Tell your ex "see you in Court". Hire a Family Law attorney. File a custody/visitation petition.

    You're holding a winning hand. Don't throw it away for the sake of a quick deal, but hang tough. Don't argue with the ex, especially in texts or emails. Just tell her "my lawyer will call your lawyer and see whether we can work out a reasonable parenting plan".

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  • In the State of NY, if a tenant is legally evicted, what can a landlord do if they leave personal belongings behind?

    Tenant was told to vacate premises by a certain date by city Judge. If they vacate on their own or by a city marshal and leave personal belongings behind, what rights does the landlord have

    Jack’s Answer

    If a warrant of eviction was granted by a court and served by the Sheriff, the landlord can consider the possessions abandoned, have a trash hauler take them to the dump or a charity, and deduct the hauling costs from the security deposit, if any, or even seek to have them added to the judgment. Usually what's left behind is not valuable and is essentially trash.

    Those are your legal rights, as you also have a right to relet the premises as soon as possible, but you may want to contact the former tenant or his attorney if he has one and give him a few days to remove the possessions which might be an appropriate and kind thing to do which will lessen conflicts and hard feelings, if at all possible (and save you from dealing with possible frivolous but time wasting small claims action)

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  • Do creeks running through someone's property make them private property or are creeks considered state property?

    My kids walked an almost empty creek bed through an under the road tunnel to the other side and some elderly man began yelling and shouting obscenities at them telling them to get off of his property. The kids stayed in the creek bed the whole tim...

    Jack’s Answer

    Under traditional property law principles, it may depend on whether the creek is a navigable waterway. You usually have the right to canoe through someone's property on a stream. The fact the creek bed is dry, however, may mean that the DEC may not regard this as a stream at all, as to be a stream, there has to be a continuous flow that can support aquatic life. Speak to the Regional DEC Division of Water or Fish and Wildlife to get an idea of whether and how they classify this as a regulated waterway, if at all, or whether it's just a drainage swale or possibly a wetland (which wouldn't give non-landowners a right to trespass, necessarily).

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