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Philip Douglas Cave

Philip Cave’s Answers

1,994 total

  • Advise on what to do

    I sued my employer because they terminated my employment and my case is discrimination due to my national origin and color.I held a Director position.I hired a lawyer.He sent my complaint to them and my demand to settle with them before taking it ...

    Philip’s Answer

    How about scheduling a meeting with the lawyer?
    Ask the lawyer for an outline of how she will approach the case now, what steps will and need to be taken.
    If you are not satisfied you can seek a different lawyer.
    Should you change lawyers, and depending on your fee agreement, you can expect to have an accounting of time spent on the case and billing for reasonable hours in quantum meruit.
    See Mr. Rafter's comment about the other side's "strategy." They have no obligation to settle, especially if they think they have a good defense.
    Make sure that whoever represents you files the appropriate documents and claims in the required deadlines.
    Good luck.

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  • Can I get money back from the government?

    In 2008 I was medically retired from the Army for psoriasis. At that time I was receiving VA disability and retirement pay. After a year of receiving both I found out that I was not supposed to get both payments and they took back what they gave m...

    Philip’s Answer

    At the time of the notice they gave you information on how to pay in installments or ask for a waiver. Unfortunately, it appears you did not do that.
    Waivers are rarely given. When they are there usually has to be a very strong case of financial hardship in making you pay back the overpayment.
    As noted you are unlikely to have any success after so much time has gone by.

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  • Would you recommend going to the State Bar to get a refund from an attorney for unfair charges or go straight to Civil Court?

    I gave an attorney $2000 of a $2500 fee to do a custody case, and after two months I fired her for failing to do her job, She kept my $2000 and is charging me an additional $1315. She made no court appearances because she was sick, she sent one l...

    Philip’s Answer

    Mr Rafter has linked you to the Bar resolution process. You are better to follow it at this point.

    Keep in mind that it depends partly on your contract with the lawyer. Is there a provision in there that specifically addresses what happens in the event the agreement is cancelled prior to completion of the representation? i have a clause in mine that allows me to bill for hours actually expended, even if it's a flat fee agreement. This is similar to the concept of quantum meriut. Maybe that's what is going on, but that might still be excessive. It has the "appearance' of being excessive if there are charges beyond the flat fee amount. But that's not a legal conclusion on my part, merely an observation of how this all looks.
    Try the Bar process first. It would certainly be cheaper. I do think it looks unprofessional not to engage in communications and an effort to resolve the issue.

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  • Can the state of M.N. seize my military pay?

    I got out the military a year ago and all my saving is in a roth IRA the state is now trying to seize that money after a failed attempt to seize my checking account with is all Military and VA pay so they couldn't touch it. now the state is saying...

    Philip’s Answer

    Not a military issue.
    Many states have rules on seizure of assets. It depends on the reason for seizure, such child support delinquency.
    Contact a lawyer in your area who is familiar with debts to the state and what assets may be seize.

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  • Military Discharge inquiry. I was released from active duty honorably dut did not get a discharge certificate like the ones

    people put on frames. I only got my discharge orders. What do I need to do? Am I supposed to get a discharge certificate? Also, do people with General discharges also get discharge certificates? Or that is only for people with honorable?

    Philip’s Answer

    Mine came in the mail months after i retired.

    You should at least of received a DD214 along with the orders.

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  • I did over 20 years in the military (20 years 3 weeks) is this legal?

    Have honorable discharge, KBK, RE-4. No reasoning why, Just prior to getting out was asked by my command to go another deployment. I declined to go because I was 2 weeks away from retirement and had just gotten back from deployment less than 6 ...

    Philip’s Answer

    That is odd, and does appear to be connected to declining the deployment. But it could also be an administrative error..

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  • How to get US security clearance? I want to find a good job after getting clearance? and what are the requirements?

    I wanna get the US security clearance. I wanna get hired for good job. What are the requirements? I have green card, can i get it? Thank you.

    Philip’s Answer

    Be a US citizen.

    As outlined in Executive Order 12968, Access to Classified Information, eligibility for access to classified information may only be granted to employees who are United States citizens. However, an exception is allowed in specific situations wherein there are compelling reasons for limited access to be granted to an immigrant alien or foreign national employee who possess a special expertise that is needed for specific programs, projects, contracts, licenses, certificates, or grants.

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  • I need to find a divorce lawyer EXPERIENCED with military law in the Fort Myers area

    Please no lawyers that do not know anything about military law

    Philip’s Answer

    If you are a servicemember or spouse with an ID card you can go to the on base Legal Assistance Office.

    You may get free initial counseling there. They will have a list of attorney's in the area who are familiar with divorce involving military personnel. Like us, they cannot make a specific recommendation. But it's a start.

    You might start here?

    Eglin Air Force Base - Valparaiso, Niceville
    * Hurlburt Field - Fort Walton Beach
    * MacDill Air Force Base - Tampa
    * Patrick Air Force Base - Cocoa Beach
    * Tyndall Air Force Base - southeast of Panama City

    The primary reason you need a lawyer familiar with "military" divorces is retirement and benefits. This will depend on how long you are married and how long the person has been in the military during that marriage.

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  • Can I get a 5150 expunged with the support of my parents, my doctor an a military recruiter?

    Civil expunge 5150

    Philip’s Answer

    A military recruiter cannot help with this other than tell you whether you might qualify for enlistment.
    Note that when you report to MEPS you'd have to disclose that as part of your medical history. There are limitations on enlistment due to past or current medical or mental health conditions.

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  • My son was convicted at a court martial this week, can we appeal

    My son got a 2 year sentence for sexual assault. Can we appeal and what are our chances of success?

    Philip’s Answer

    1. His appeal is automatic under Article 66(c), UCMJ.
    2. His appeal will go to the Court of Criminal Appeals in the DC area for his Service.
    3. In the military, that court can act as a "second jury." That's not what the statute says but that's a good way to interpret it. They can also look at other legal issues.
    4. If the appeal is denied at the CCA then there is a right to petition the Court of Appeals for the Armed Forces.
    5. In some very limited situations there is an appeal to the US Supreme Court. Have one now.

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