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Daniel Sage Ward

Daniel Ward’s Answers

34 total

  • Do attorney suppose to keep things secret even if you not his client yet?

    if i call an attorney and dicuss to him about my case but im not his client yet and only over the phone, do he still require to keep things secret eventhough im not his client yet? and the charge i was talking to him was about some misdemeanor and...

    Daniel’s Answer

    One thing to add to my colleague's excellent answer -- Expressly confirm with the attorney that the conversation is "privileged" so you know that you are both on the same page.

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  • Is there an Attorney for this?

    I preordered an iphone from at&t. When the package delayed to arrive, I checked tracking information. Tracking information says, "Item delivered, signed by XYZ". Note: XYZ is an employee that works at the apartment complex I live at. I asked XYZ, ...

    Daniel’s Answer

    Keep calling AT&T.... Keep asking for a supervisor, be friendly, but persistent. Explain the entire story to each person you talk to. If you have been a good customer, eventually you should get someone who can help you. If not, call Liz Crenshaw at WRC-4... See if she will do a consumer complaint story. She loves this kinds of stuff.

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  • Can I file General Partnership for a small farmer's market business instead of LLC?

    I am trying to start a small farmer's market business with my brother, we wont be needing loans, etc as we have the funds, but we aren't sure what to file the business as with the secretary of state as we are not sure, we' be profitable in a year ...

    Daniel’s Answer

    • Selected as best answer

    I am not licensed in CA, but the benefit of an LLC over a partnership generally is that, as its name suggests, it limits liability. If someone eats a bad tomato from your business, and then sues the LLC, only the assets of the LLC will be readily subject to judgment. Conversely, in a partnership, the liability can (and does, generally... Again, I a, not licensed in CA, but doubt it is different there) and does run to the partners themselves. So you could lose your house over that bad tomato in a partnership.... Whereas in an LLC you can only lose your company.

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  • My ex boss gifted me a utility trailer every thing is legal and the title is in my name can he take it back?

    He gave me the trailer 3 months ago and I found out he beat up his wife and was a convicted sex offender and quit now he's taking me to court for the trailer will he win?

    Daniel’s Answer

    If it was a gift and the title is already in your name, he will have a tough time getting it back. That said, the fact that you quit shortly after, and there appears to be some emotion (on his side, at least) leads me to think that he could argue fraud in the inducement, or something along those lines. You have the title, and that is a great fact in your favor, but this fact pattern has my "spidey sense" tingling.... I suggest you get a lawyer and share the ENTIRE story with him or her.

    Good luck!

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  • I loaned a person a large amount of money several years ago to start a plumbing business. He is not paying me back on the loan.

    He used up all his second wifes savings who since has left him, his brother in-laws money and stole another plumbers business. He has succeeded in destroying several families future. What he has done comes close to a Ponzzi Scheme. Is there anyt...

    Daniel’s Answer

    It sounds like you would not have trouble getting a judgment. Getting your money back, on the other hand..... Well that's another question. You should hire an attorney, give him or her the full story, and that attorney will likely conduct an asset search to see if the purloining plumber has any assets that could be used to satisfy a judgment. Otherwise, this sounds like a case where you would spend a lot of time and effort obtaining a judgment against a judgment-proof defendant.

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  • I have a religious discrimination suit against my former employer and they have agreed to go to mediation.

    I asked my president of my company if I could go on a missions trip to Haiti. He said it was a good thing and would try to accommodate my request. The weeks following I was harassed and written up three different times about my work performance. ...

    Daniel’s Answer

    You should find a good employment/discrimination lawyer in your area with experience mediating cases. THEN agree to mediation (if you and your lawyer think that is the best route). You can be sure they will have a lawyer at the mediation.... You should too.

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  • Is it Fraud & Deceit when a TV show rigs a spinning wheel for over a month, calling, sending letters, TV station denies....

    FromDecember 1992, through January 1993, for well over a month, the French version of the American game show "The Price Is Right" (FremantleMedia) rigged, cheated the spin of the wheel at the end of each show; the wheel would spin longer, shorter ...

    Daniel’s Answer

    There would be an FCC violation if this occurred on a U.S. game show. But it didn't. No idea what the French law is, and, as my colleague stated, it occurred 20 years ago.

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  • Trying to find less expensive lawyer to file 501c3 for nonprofit dog rescue that takes stray pitbulls off our streets.

    This is a no kill shelter run by a retired police officer out of pocket.

    Daniel’s Answer

    I will echo the previous sentiments of "you get what you pay for," and will add some non-legal ideas.

    First, you may want to contact the local (or national) SPCA and see if they know of any lawyers that will do this work for a discounted rate because the cause is near and dear to their heart.

    Second, respect and harness the power of social media. Find a lawyer you are happy with, find out how much it will cost, and then use FB, twitter, etc. to try to raise the money to get the lawyer paid. I see you are in Alabama. Most people who care about animal rescue efforts know that many southern states rely heavily on "kill shelters." Those thoughtful souls might be willing to sent $10 or $20 each if they KNOW it will be used legitimately. You could even run it as a kickstarted campaign. If you got your message out, you might be surprised how quickly it spreads.

    Good luck!

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  • My wife did business with a company that offered a money back guarantee. The product did not do as promised or expected.

    It was eventually returned. They did provide her with her money back. NOW the company will not let her buy anything. Further, I have bought and had a good relationship with the company. Wife and I recently got married. NOW they won't sell t...

    Daniel’s Answer

    I don't think there is much for you to do. They can choose to refuse to do business with you for many reasons, one of which being they have determined (rightly or wrongly) that you/your wife is a "problem customer" that is not worth the sale.

    Without more facts, I can't really say whether it would be worth it, but you also might want to try calling them and explaining to them that you hope one bad experience won't mark the end of what was an otherwise long-standing business relationship (if true). You are willing to let bygones be bygones, and would ask them to do the same.

    That, or just take your business down the street.

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  • My company is in violation of not paying my severance within the agreed upon time in my separation agreement. What can I do?

    I filed for unemployment (contract states that is permissible) and per the advice of their outplacement service, let my circle of friends in social media know I was outsourced and looking for work as a means of networking. I made no mention of th...

    Daniel’s Answer

    Did the company indicate that they are refusing to pay your severance because you filed for unemployment, etc.? I am trying to understand how the question is linked to the facts you then put in the body of your post. Next question -- how overdue are they? And have they paid others (assuming others were laid off/outsourced).

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