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Jack Richard Lebowitz

Jack Lebowitz’s Answers

1,825 total

  • Malpractice

    I need a lawyer who is willing to take a malpractice case.. i don't want to discuss my medical problem over this form. Please email me and i will explain the details.

    Jack’s Answer

    This part of the site is for asking simple questions in a public forum and getting answers from attorneys about general legal issues. It is not for soliciting for attorneys. That violates the terms of use of this site.

    If you are interested in having an attorney take on a (medical? attorney? engineering?) malpractice case, go to the "Find an Attorney" tab and search for those kinds of attorneys in the Detroit area. You can click through to the websites of many attorneys and ask for assistance or preliminary consultations, of which many attorneys give for no charge to evaluate "whether you have a case". You can also use Google to find an attorney or links to attorney directories or websites.

    The "Ethics and Professional Responsibility" topic deals with regulation of attorneys by their state court systems or bars. I changed the topic to "litigation" as I am not sure of the type of malpractice you are claiming.

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    Jack’s Answer

    "Estoppal" and "laches" are a fancy lawyer words for legal concepts that mean if someone "sleeps on their rights" and doesn't enforce them. they may be precluded from belatedly asserting them again if someone has relied on the non-enforcement. There is also "adverse possession". However, those concepts don't apply to the government in its regulatory capacity. If some agency told you that you did not have the proper permit and to cease and desist or get a permit, the passage of time and their inaction does not preclude them from asserting those rights again. They can sometimes even say that each day you did not have a permit is a separate violation and fine!

    And I'm assuming the BMX track is on your own property or on someone's who has given you written permission to use it.

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  • It this a fair assumption? No point in pursuing a defendant who is not wealthy and no chance of recovering any money?

    Suppose if you have to go after a defendant for possible civil issues and though you have stronger points of winning, if the defendant does not have any money or assets, is it worth going after them? Even if you win a default or judgemen...

    Jack’s Answer

    Waste of time. The transaction costs of litigation are such that a "moral victory" or a win about "principles" is fruitless. Under some circumstance, it it is known the defendant lacks funds to defend himself, it may come off as bullying (google "SLAPP suit"). Lawyers refer to defendants such as that as "judgment proof".

    Changed from "ethics" which deals with attorney disciplinary rules to "litigation",.

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  • What are my rights to a house I have been paying mortgage on and signed papers at closing but my name isnt on deed

    Been married 20 years, husband isnt paying the mortgage for 3 months now. I innocently and naively trusted and gave him my earnings to pay mortgage only to find out he hasnt in 3 months. We have had this house for over 10yrs and I have paid mortga...

    Jack’s Answer

    • Selected as best answer

    You need to talk to a divorce attorney, pronto. It is not relevant (as many people think) whether "your name is on the deed" as far as ownership of marital property goes. You may be entitled to remain in the marital residence and have the husband assume the debt or a sale where you get half the equity. You may be entitled to maintenance (alimony),certainly child support (based on approximately 29% of husband's POTENTIAL or actual income) and temporary maintenance and even your attorneys fees during a divorce action. Your question cannot be answered in a definitive fashion on this website Q&A, a lot depends on the facts and circumstances of your situation, but it sounds like you have a pretty good claim for extensive remedies in a divorce action.

    Changed topic from "real estate" to "divorce and separation".

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  • Can I get primary custody of my daughters if their step mother was arrested for child endangerment

    Step mother was arrested for child endangerment to her son with 6 counts . Cps was called . She pleaded guilty

    Jack’s Answer

    Yes, assuming you don't have similar problems or history (listing on domestic violence/orders of protection/sex offense registries which courts have to check and consider in any custody order), founded CPS investigatIons, abuse/neglect determinations, pass a home study visit, etc.

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  • Who do I ask.

    I have one attorney who has 3 names in the firm. My attorney is not responding to my reasonable questions, may I follow up with a message to the other attorneys in the firm to let them know and maybe they can come to an agreement? If you sue your ...

    Jack’s Answer

    • Selected as best answer

    (1) You can, but the other two attorneys will think you're crazy and all three attorneys will treat you like kryptonite from here on out.

    (2) Yes, if you sue for malpractice, you would sue both the individual attorney and the entire firm

    As far as the attorney not responding to reasonable questions, you don't give enough information to know whether your expectations of responsiveness are reasonable. You must realize you aren't the only client of this attorney, and busy attorneys must focus their attention on the most time sensitive and pressing matters. Sometimes it's hard to do "handholding" with clients who may have questions about non pressing matters.

    For instance, I recently had an anxious client call or email me twice a day to see whether the other side had signed an agreement and then whether the Court had entered an Order. I had to tell him again and again that despite his anxiety and desire to change his visitation regime, these things can take several weeks and months. I had all I could do to try to be patient and empathetic with him, and suppress my annoyance. Sometimes it's just not possible, especially when folks are bugging you for stuff you know is not time sensitive or critical but you don't want the client to think their problems are not important to you. Most busy lawyers are juggling a lot of things and are dancing as fast as they can trying to keep a lot of nervous clients happy. It's stressful (thought to be one of the more stressful professions).

    Nevertheless, the first thing to do is call and request a brief meeting for which you will pay, to discuss your questions and concerns. If that doesn't work, send the request by a certified letter. You should get some response.

    I don't know the exact details of the situation, and you might be right your lawyer is a total slacker, but as this is the most common complaints about attorneys, you might want to ask politely and be more persistent but also aware that your attorney is probably not deliberately trying to blow you off.

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  • Do i have a case ?

    when i rented a car to get to my cruise,the girl gave me a map with the wrong direction. In doing so i miss my cruise.Now the renter car company admitted there wrong by not charging me for the rental. I incur some debt by missing the cruise.

    Jack’s Answer

    The typical rule in contracts law is only if the car rental company knew the particular purpose of your rental was to get to the cruise would they be liable for any damages. Usually, this is not the case: the rental company only cares how long you will be using the car and whether you want to drop if off where you picked it up or at another location, which affects the rental rates.

    The fact that the company gave you a refund when you were apparently upset is an accommodation and good business practice, but it doesn't establish that they were at fault or knew of the specific purpose of your rental. I'll bet that if you read all the fine print of the rental contract there is some provision that disclaims this kind of liability and no specific terms filled in that guarantees that if you rent the car by x time you will be assured of finding your destination at the port and making your cruise connection.

    Lastly, in addition to showing you how to get somewhere on a map at the rental counter, a service that the rental company is not obligated to do, did you rent the GPS and input the port address or did you decide to forego that $10 add on charge. If the latter, you can expect that to come up as evidence of your own contributory negligence.

    I find it hard to imagine any set of circumstances where you would have a "case" on these facts.

    Sorry about missing the cruise.

    Practice area changed from "ethics" which deals with attorney discipline to "contract" and and "consumer's rights".

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  • I have a divorce attorney who i do not feel is representing myself properly or ethically. We have a trial setting conference

    We have a trial setting conference coming up in a day. I do not feel like she will protect my best interests and I cannot get a hold of her and when I do she is very unclear with a plan of action or what my options are. I feel like I'm helpless b...

    Jack’s Answer

    Not sure why you feel the attorney is not representing you ethically. She is communicating and wants to meet with you to discuss options and strategy. Attorneys don't make the facts and can't settle matrimonial dissolution disputes amicably apart from the parties willingness to do so.

    That being said, you are entitled to have an attorney representing you that you are confident in and can change right up to the eve of trial.

    Why don't you meet with your attorney, have a candid discussion and THEN decide whether you want to change attorneys.

    By the way, as far as "fixed fees", I don't know what your exact contract says, but usually matrimonial attorneys "fixed fee divorces" assume a relatively uncontested divorce that doesn't assume a lot of discord, discovery and a trial. It's just a reasonable amount for hassling the ton of paperwork that's involved (not a CA attorney but am guessing their "no fault" divorces are equally as intensive with the court paperwork as my state's. It's a lot easier to get married than divorced, even a so called "uncontested" or "no fault" divorce, even if the parties don't have children or a lot of property to divide.

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  • Evicted from limited equity coop.$43K refund due me.Equity now -$21K after bogus restorations, replace granite with Formica, etc

    JUSTICE ISSUE,Contingency Basis.Will Get Great Press! 63yo, Confined to Wheelchair, Currently Homeless.Penn South (Mutual Redevelopment Houses) in news (N.Y. Times, etc) for unprecedented number of evictions.Mine was retaliatory.Ran for Board 7 ye...

    Jack’s Answer

    Is there a question here? This segment of the site is for people to ask relatively simple questions about the law and their rights. It sounds like you think you have some kind of breach of contract or tenant's rights issue.

    No attorney is supposed to solicit your business by this kind of posting. That violates the terms of use and community guidelines of this site. Use the "Find a Lawyer" tab of this site to find "real estate", "tenants rights", "condominium/cooperative law", "litigation" etc. attorneys in your county to discuss the matter with. Many offer no cost initial consultations to evaluate your claim and tell you whether you have a good legal claim or not.

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  • My ex wife and I agreed to swap Easter break and presidents week with the kids. I booked trip, now she's saying she won't swap.

    Is there anything I can do. As per the stip this February is her week. But she did agree to switch.

    Jack’s Answer

    Your question is confusing, but it sounds like the "stip" (written separation agreement? custody/visitation order?) gives your ex the week in February and she verbally agreed to swap the stipulated vacations and is now "reneging" her previous verbal approval, is that right?

    Well, technically, if the order/stipulation/agreement has an "as the parents may agree" provision, you could argue that agreeing to something not as specified in the order and then revoking the agreement is a "violation" of the agreement/order, but it's an obviously weak argument.

    I'd suggest going forward, that you either (1) not agree to or request ANY deviations from the parenting plan in the order or (2) require any such deviations to be in writing, signed by both parties, on at least 30 days prior notice, not revokable and stipulated that not complying with the changes is a violation of the order. Note that this cuts both ways: what's sauce for the goose is sauce for the gander, and if ex wants any flexibility in the parenting plan for herself, she's either going to have to put up or shut up here.

    Sorry for the problem, but treat it as a learning experience and modify your flexibility going forward.

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