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Jack Richard Lebowitz

Jack Lebowitz’s Answers

1,826 total

  • Is there any malpractice lawyers that will take my case? I was robed by my lawyer at penpoint... I am disabled can somone help ?

    I have evidence of Federal Judges and State Judges being hand picked by the U.S. Attorneys Office and State Judges in criminal cases being hand picked by the Dallas Da. I have evidence my attorney has intentionaly lost my case. I had a 1983 civil ...

    Jack’s Answer

    Agree with the good advice provided to you by Messrs. Cameron and Rixon: you can use the "Find a Lawyer" tab on this site or Google to find an attorney.

    If you don't mind my saying so, because you asked, your scattershot catalog of woes and supposed errors sounds kind of of "tin foil hatty" to me and paranoid, like the rants of many an inmate or jailhouse lawyer I come across doing pro bono work for a prisoner's legal aid office. If you laid out that laundry list of supposed wrongs, you're going to scare attorneys away.

    Ask yourself this question, HONESTLY: can you point to a handful of SPECIFIC errors -- no more than three --your attorney made that if he hadn't made them, you would have won the case instead of lost it. And these can't be tactical or strategic errors or choices that he may have recommended that you had a part in collaborating with, such as to go to trial rather than take a plea, or to question certain witnesses or make certain motions.

    The test of malpractice or attorney error is that the error had to be ENTIRELY the attorney's and that "but for" the error you demonstrably suffered a specific harm or bad outcome from this. These things tend to be very clearcut: such as blowing through a statute of limitations by not filing papers on time. They aren't things like choosing to pursue a 1983 claim, assuming you had one, rather than a Title VII employment law claim.

    If, after asking yourself this question, you can show it was definitely the attorneys fault, and only the attorneys fault that you lost a case, you may have malpractice. Sometimes in criminal cases, you're also able to have a conviction reversed or appeal because you arguably received "ineffective assistance of counsel" guaranteed by the Constitution. However, this usually is found only in very clearcut cases, such as where the attorney actually slept through part of a trial (this is a true example). It's not stuff like the public defender didn't independently investigate your alibi or visit you in jail before a hearing.

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  • Post trial citations in post trial memorandums

    Do judges and clerks look up the citations in post trial memos ?

    Jack’s Answer

    Yes, if they want to see whether the case or statute accurately supports the contention for which it is advanced or gain further insights into how strong the authority is, or find related or contrary authority, lest they embarrass themselves for lazily going along with the "spin" put on the authority by the attorney writing the brief (or having the appellate courts possibly do that for them). Also, it is usual that the law clerk or judge will do their own research and cite other cases to support their decision which were not cited by the parties.

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  • Is it necessary to amend my pleadings under NY CPLR 3024 when I'm dealing with a successor liability/de facto merger situation?

    The defendant in my case claims I need to amend my pleadings because I didn't include the correct corporation in my caption, even though the two corporations basically underwent a de facto merger. They operate at the same address, have the same ph...

    Jack’s Answer

    Well, no one is going to do one off legal research for you on this site with as specific a question as that, but my "knee jerk" first impression is that the defendant is right here. When the Department of State registers a corporation, they are quite persnickety that the legal name of the entity is unique. There may not be a big difference in practice between two corporations with similar names acting as "de facto" alter egos of each other with the same business address, managers and owners, but as legal entities they are distinct. There are a variety of ways you can go about amending the caption and pleadings set forth in the CPLR. But bottom line, if you end up succeeding in getting a judgment against "Entity Universal Unlimited, Inc.: and it should have been against "Entity Unlimited Global, Inc." you will find yourself with a practically unenforceable judgement against the corporation with the assets (say it holds land in the correct name, the County Clerk won't record a judgment against the entity you think has a similar name and business. Then the judgment can't be enforced or assets seized, liened or garnished. The corporations probably have different EINs from the IRS and different bank accounts as well.

    This is just another aspect of "piercing the corporate veil" which can't be done, even though you are advancing a layperson's "common sense" arguments that the corporations are the same and should be treated the same.

    BTW, your "successor liability/defacto merger situation" concept is also probably legally flawed. Perhaps you do want to consult an attorney over the stumbling blocks of your litigation even if you want to mostly go pro se. If it gets to a trial you are going to be at a huge disadvantage, not knowing the even more technical rules of evidence (i.e., compared to the CPLR which at least you can read at a library or online for free).

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  • Made an appointment with a vet behaviorist. I was unable to make the appointment without agreeing to their non-refundable fee.

    As it turned out, I was able to cancel the apt as my dog did not have as serious a problem as first thought. I cancelled it only 2 days after making it and 6 days before the appointment date. I asked for the "non-refundable fee" back but they re...

    Jack’s Answer

    If the vet's policies are posted and you agreed to them, there probably is a contact that's enforceable, however unfair. I wouldn't stop the check, but I would complain to your state consumer protection agency, and there's also a good opportunity to leave comments on websites like Yelp, Google and Angie's List reviewing this business negatively for their unreasonable refund policy.

    Changed this topic from "ethics" which deals exclusively with attorney disciplinary rules to "consumer protection".

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  • How much would it cost for a relocation petition / hearing?

    I have custody, my ex has visitation. Our child is 8. I would like to relocate 2 1/2 hours away... But our court agreement from 2010 says I agree not to relocate outside of 50 miles. He sees her weekends and once during the week. I was thinking he...

    Jack’s Answer

    Filling a petition in Family Court is free, filing in Supreme Court (depending on whether the custody arrangements were part of a divorce decree that needs to be modified and jurisdiction is not provided to Family Court in that decree) may be a nominal fee. What you are trying to do without the consent of your ex to modified visitation is very difficult, if not impossible, so legal counsel is advised.

    Even without the radius provision in the decree, moving any distance from the non-custodial parent is not favored by the Courts in New York. See the Tropea v. Tropea case below in the link from the state's highest court. The courts value continued contact with both parents as being in the "best interests of the child", the relevant standard, more than the benefit in terms of economic opportunities, housing, etc. of the parent that wants to move. You are best advised to get the other parent to consent to a workable substitute visitation plan, and offer some incentives (like you transport the child or pay for the transportation). Be prepared that your ex will not consent, in which case, a relocation petition over his or her objection will be a difficult task with uncertain, and probably disappointing results.

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  • I would like an attorney to review my paperwork to see if I have a good case to dispute a person with the Breach of Contract.

    On April 5, 2014 to June 30, 2014 I use to work for my mother's friend who owns a retail store in City of Industry, California. This person (I don't know if I am allowed to write name on here) hired me back then to work on writing a business plan ...

    Jack’s Answer

    The Q&A forum on Avvo is a place for general questions and answers. You sound like you have a valid claim and small claims action for that amount (although I do not know the exact limits for verbal contracts and small claims in your area, it would work here in New York).

    That being said, the terms of service and community guidelines for this site are such that particular questions and matters are not supposed to be answered in this forum nor do attorneys solicit for work or jobs. You can use the "Find an Attorney" tab on this site or Google for an attorney handling contracts in your area.

    In most places, you do not need an attorney to file a small claims action, but consulting with one might help you state your case and determine what evidence is admissible.

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  • How can I get documents of service calls from national grid if I was a not the acct holder?

    I had national grid out to my apt (I lived in a 2 family) twice in one month because of a small gas leak, both service calls the techs said that it's a very leak not harmful and both times the leaks were fixed, I need these service call papers s...

    Jack’s Answer

    Ask your landlord or the account holder or have your attorney issue a subpoena for them.

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  • Should I ask for child support during my custody case?

    There is an ongoing custody case.

    Jack’s Answer

    • Selected as best answer

    If you are in a divorce case in Supreme Court, you can ask for custody and support at the same time. If you are in Family Court, they are separate proceedings and you can file a support petition only after you are given primary physical custody in the custody proceeding.

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  • Is the questions asked on THIS WEBSITE covered by the attorney - client privilege. Not having hiring the attorney yet

    Not hiring a attorney yet, is my questions/ I protected by attorney - client privilege

    Jack’s Answer

    No, questions asked on this website are not covered by an attorney client privilege because neither you nor tha attorneys answering the questions have agreed to have such a relationship (yet), but even more importantly, because this is a public forum and there is no reasonable expectation on anyone's part that information you post to this site (or any other website or "social media" for that matter) is intended to be confidential, private and privileged.

    An attorney client privilege, even if such exists, can be waived by a client by public disclosure.

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