Scott Michael Swafford’s Answers

Scott Michael Swafford

Annapolis Privacy Attorney.

Contributor Level 9
  1. Can a landlord evict you if you got put on probation before judgment and your charge was possession of marijuana

    Answered 8 months ago.

    1. Scott R. Scherr
    2. Ian Thomas Valkenet
    3. Scott Michael Swafford
    3 lawyer answers

    I agree with my colleagues that the first place to look is the lease, which often contains a provision regarding the use of illegal substances and or conviction of certain crimes. That said, a landlord would also face a hurdle of establishing in Maryland not only that you breached your lease, but that the breach was both substantial and warranted eviction. Should your landlord actually file for eviction, I would definitely consult with an attorney.

    4 lawyers agreed with this answer

  2. What do it mean for a judge to grant your ORDER BY DEFAULT and what should I do next?

    Answered almost 2 years ago.

    1. Scott Michael Swafford
    2. Rahul Kishore
    3. Alan James Brinkmeier
    3 lawyer answers

    Normally a default order indicates that the opposing party (in this case your husband) failed to respond to your pleadings (your petition for divorce), and so a judge has decided to grant you your relief. Your husband can always challenge this, but doing so normally becomes much harder after the judgment is enrolled, or entered, which normally happens 30 days after the order was issued by the judge. You may wish to consult an attorney though, to make sure the order was issued properly, and...

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  3. Can a company sue you personally for business debt?

    Answered about 2 years ago.

    1. Elizabeth Rankin Powell
    2. Scott Michael Swafford
    3. Gregory Christopher Poulos
    3 lawyer answers

    I agree that you should definitely consult with a local attorney to verify the extent of liability you may have under your state's incorporation laws, and to help you stay vigilant in case a creditor actually introduces fraudulent documents suggesting you did sign such a guarantee.

    5 lawyers agreed with this answer

  4. Are the wriiten appeal arguments more of a deciding factor for the judges or what was said at the oral arguments?

    Answered about 1 month ago.

    1. Bennett James Wills
    2. Scott Michael Swafford
    3. Jeffrey B Henry
    4. Joshua Sachs
    5. Timothy A. Provis
    6. ···
    6 lawyer answers

    Other than agreeing with my esteemed colleagues, I would only add that while oral argument can flavor and influence decisions, my experience has been that most appellate judges (certainly the COA, and often the COSA, depending on the panels) use oral argument to explore more hypotheticals (what will happen if we rule one way or the other), evaluate potential impact, or to seek better understanding of arguments they are generally either already for or against. Two weeks ago before the COSA,...

    3 lawyers agreed with this answer

  5. How can one clear up an oustanding ticket in another state that is obviously identity theft, without traveling to that state?

    Answered 9 months ago.

    1. Scott R. Scherr
    2. Jason W Cleckner Esq.
    3. Scott Michael Swafford
    4. Alan James Brinkmeier
    4 lawyer answers

    I agree with my esteemed colleagues. While it may be possible to pursue relief through Maryland courts, the most effective and efficient route to address this problem appears to be (based upon the facts as presented) to challenge the issue in Washington state. As to what that might cost, I would suggest that your friend continue to review attorneys in Washington, as they may vary in cost and terms. Best of luck!

    3 lawyers agreed with this answer

  6. My attorney is dragging his feet in my divorce case. what should I do?

    Answered 9 months ago.

    1. David Raymond Mahood
    2. Scott Michael Swafford
    2 lawyer answers

    I agree with my colleague. As frustrating as things often appear, there may be valid reasons for the delay, including as your attorney alluded, communications between the parties. I would hesitate to consider firing an attorney and replacing him or her, on the basic facts as you've described, as to be honest that might not even help the process complete any sooner. Best of luck.

    3 lawyers agreed with this answer

  7. I am trying to decide how to choose the best attorney for my needs. I am looking at 3 attorneys. There are no reviews on them.

    Answered about 1 month ago.

    1. Bennett James Wills
    2. Jeffrey B Henry
    3. Scott Warner MacMullan
    4. William Lawrence Welch III
    5. Alex Benedict Leikus
    6. ···
    9 lawyer answers

    Evaluating attorney skill and cost is often potentially problematic. In this instance, I would echo the thoughts of my colleagues in that you should meet with each potential attorney before making any decision. Some specific questions that all attorneys should welcome that you should pose should include: how many similar matters have you done; can you provide the contact information for any previous clients I could contact regarding your representation; and how flexible are you regarding...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Would This Be Considered PII (Online Data Protection)

    Answered over 2 years ago.

    1. Scott Michael Swafford
    2. Barry Franklin Poulson
    2 lawyer answers

    Part of the answer depends on how you might combine or use this data, but generally no, location-based information, if not linked to more (username, email address, name, physical address, etc) is not considered PII by most federal or state laws that address PII or otherwise provide privacy protections, especially if it is general location information a user may randomly select.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. We received a fake negative review on yelp. Can we subponea her cell phone pings to show that she was never at our business?

    Answered almost 2 years ago.

    1. Christine C McCall
    2. Scott Michael Swafford
    3. Hillary Johns
    3 lawyer answers

    There actually have been a growing number recently of defamation-related claims filed, based upon statements made on Yelp and other similar Internet sites. However, these lawsuits, and the potential they offer for obtaining information via discovery (or other avenues), have depended on plaintiffs being able to point to specific statements that may be actionable under defamation causes of action. I would suggest that as a first matter, you retain an attorney familiar with defamation claims (if...

    4 lawyers agreed with this answer

  10. Paying commissions or success fees to foreign agents under the Foreign Corrupt Practices Act

    Answered over 2 years ago.

    1. L. Maxwell Taylor
    2. Scott Michael Swafford
    2 lawyer answers

    As any reliable answer would depend on far more facts than you have currently provided, and both the SEC and DOJ continue to aggressively enforce the FCPA (as well as other laws), it would be a complete disservice to even provide you a notional answer. As someone who has worked FCPA internal investigations that were later subject to negotiation with federal agencies, I cannot stress enough that you should hire an experienced FCPA attorney who can fully investigate your situation and provide you...

    4 lawyers agreed with this answer