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Bryan G. Scott's Answers
- 73 Legal Answers
- 0 Legal Guides
3
Attorney answers:
When a subpoena is issued, must information requested be specific?
The use of phrases like "any and all bank accounts" is common in subpoenas and discovery requests, but it depends on what the lawyer was trying to accomplish with the subpoena. If you have questions about something your attorney did, call him or her and ask about it. It may or may not be too late to supplement the request in the subpoena or issue a new one depending on the facts of your case, and you're likely to find that the attorney phrased the subpoena the way he/she did for a reason....
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1
Attorney answers:
I owe several credit cards, & unable to pay, I am unemployed. Have received letters stating they are going to file judgement
You should consult with an attorney in your area to see whether you have any defenses to the credit companies' collection efforts. If you cannot afford an attorney, consider calling your local Legal Aid office to see whether they may be willing or able to negotiate a payment plan for you.
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1
Attorney answers:
I broke my lease to buy a house.
You need to look in your written lease agreement and see what provisions, if any, it contains relating to the lease term fee or other liquidated damages provisions. Otherwise, your landlord has successfully mitigated its damages and you may be correct that you owe for only the period that your unit was vacant. My bet is that a small claims magistrate would agree with that analysis, particularly if your landlord shows up without an attorney. That being said, assuming you live in a large...
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1
Attorney answers:
In NC, can a unlicensed general contractor place a lien on real property? If not, how do I get it removed?
As a general rule in NC, general contractors cannot enforce a construction contract against the owner if they are unlicensed at the time the contract was formed and their scope of work exceeded the $30,000 requirement for licensure. Liens can be removed in a number of ways, including by filing a civil action to remove the lien. A lien will expire by operation of law unless the contractor files an action to enforce the lien within 180 days after he last furnishes labor or materials to the...
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2
Attorney answers:
Should legal fees increase three times and/or 75% within the first six months?
Have you spoken to the attorney about this issue? The hourly rate discrepancy may relate to the different people working on your case. For example, partners charge more than associates, who charge more than paralegals, etc. Rates may also vary among different partners or associates depending on experience. Also, it is fairly typical for attorneys and law firms to adjust their rates from year to year. The Rules of Professional Conduct generally require attorneys to explain to the client...
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1
Attorney answers:
Is this service agreement legally binding, would an attorney easily work with the custumer being responsible to paying the fees?
Your question asks for a specific legal opinion as to definite language in your contract. We can't provide that on this site, and you should consult an attorney in your area to review the contract as a whole and advise you about the enforceability of your contract's attorneys' fee provision. That being said, Virginia courts will enforce attorneys' provisions when they are appropriately worded. Most contracts don't have to be notarized. I would be happy to recommend an attorney to you in...
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2
Attorney answers:
How do we break ties with our current prime contracting company?
It is difficult to answer your question based on the limited information provided. Do you have an existing contract that obligates you to accept new requirements imposed in the prime contract? Or is your existing contract expiring so that you are now determining whether to renew your own contract with your GC? Absent some contractual authority, your GC cannot unilaterally alter your scope of work or pricing structure, so the answer to your question may be more of a business decision (i.e....
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1
Attorney answers:
I am filing because an ex-roommate skipped the last two months of our lease can he counter sue me since he paid the rent prior??
Your ex-roommate can always counter sue you in small claims court, although that doesn't mean he will prevail. As between you and your landlord, you are responsible for ensuring full payment of the rent. However, that does not prevent you from entering a separate enforceable agreement with your roommate for him to indemnify you against your portion of the rent. As long as the remaining period of your lease did not exceed one year, such an agreement could be oral. The trouble, of course,...
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3
Attorney answers:
I am a female in he millitary .I want to get a divorce. What would I have to pay my spouse if i was to divorce?
It depends. Consult with one of the JAG officers at your post.
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2
Attorney answers:
Can my lawyer say/promise one thing and then deliver another?
Don't assume that your attorney lied to you. Settlements involving minors must be approved by a judge. It may be that your attorney received an agreement from the defendant's counsel not to object to the $5,000 Disney World trip, but that a judge did not agree to allow the expenditures. Judges often do not agree with the parties' proposed disbursement of settlement monies if they do not believe it to be in the best interests of the injured child.
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