Christopher Paul Berney’s Answers

Christopher Paul Berney

Atlanta Litigation Lawyer.

Contributor Level 4
  1. If i pay and lawyer and dont need them how can i get money back and no papers sign

    Answered over 1 year ago.

    1. Scott Benjamin Riddle
    2. Dean Richard Fuchs
    3. Christopher Paul Berney
    4. Eugene P. Castagliuolo
    4 lawyer answers

    I agree with the previous answers. It is unlikely that some portion of the monies you have paid have not been earned. If you want to terminate the attorney-client relationship, do it in writing and be clear about the termination. If the attorney is handling more than one matter for you make it clear which matters are being terminated if not all of them will be terminated. If the lawyer is not responsive, send him/her a certified letter with a return receipt requested. This action will get...

    2 lawyers agreed with this answer

  2. Can a large fee for "consultation services" be enforced without a formal contract & the "services" provided are inadequate?

    Answered over 1 year ago.

    1. Robert G. Rothstein
    2. Christopher Paul Berney
    3. Michael David Barber Jr.
    4. Jeremy E. White
    4 lawyer answers

    From what you have presented, it appears that you have an oral agreement which is enforceable in the State of Georgia. The question is what are the terms of the oral agreement. When there is no signed, written agreement, the Courts will look to other evidence outside of a contract to determine the intent of the parties. This is known as "parol evidence". This can be oral testimony or emails discussing the deal, etc. If you terminate his agreement, and he sues you for the remaining...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. Can I open my own company if I signed a Non compete agreement with another company doing the same thing?

    Answered over 1 year ago.

    1. Ashley Anne Digiulio
    2. Peter Edward Morgan
    3. Christopher Paul Berney
    3 lawyer answers

    As the other attorneys have mentioned, the documents that you signed are critical to the answer. In general, it is a typical of a franchise to have franchisees sign non-compete agreements. It is less typical for the franchisor to require all of the employees of the franchisee to sign a non-compete agreement, but it sounds like this is what you did. In addition to reviewing the documents and providing a clear analysis on your liability, you should have your intellectual property (curriculum,...

    1 lawyer agreed with this answer

  4. Is it a HIPAA violation if i told a patient that her friend does not have an appointment?

    Answered over 1 year ago.

    1. Christopher Paul Berney
    1 lawyer answer

    Physicians (or their staff) or allowed to confirm appointments with the patient and to leave messages on the home answering machine but the message should be limited to appointment confirmation. Similarly, a physician can communicate private health information to a patient's companion if it is in the best interest of the patient. If the patient requests confidentiality on these issues, the wish must be respected. In your case, it is unlikely the need to communicate the appointment with a "...

    1 lawyer agreed with this answer

  5. Apartment manager violated my lease agreement

    Answered over 1 year ago.

    1. Christopher Paul Berney
    1 lawyer answer

    Any attorney would need more information and to review your lease agreement. If you were named on the lease agreement and haven;t been legally evicted from the premises, you may have a claim for wrongful eviction if they are keeping you from your premises. It is unclear how you have rights to the premises but not the keys. A breach of the lease by the Landlord does not excuse the payment of rent. In most cases, you will be required to continue to pay rent into the registry of the Court...

    1 lawyer agreed with this answer

  6. Can I be put out of a bldg if we have a verbal rental agreement?

    Answered over 1 year ago.

    1. Robert G. Rothstein
    2. Alan James Brinkmeier
    3. Christopher Paul Berney
    4. Jeffrey Ira Schwimmer
    4 lawyer answers

    If your verbal agreement does not specify when the lease ends, you are a tenant at will. In most cases, the Landlord can dispossess you after providing sixty days notice for you to vacate the premises. Lease of real property are usually one of the largest liabilities taken by a new business and often require a personal guaranty if its a new corporate entity. I strongly urge my clients to have their proposed leases thoroughly reviewed prior to signing them. It can save them a whole lot of...

  7. Can I file a small claims suit for property I didn't receive? I owe $6000 to complete the sale, but the guy ignores my calls.

    Answered over 1 year ago.

    1. Ainsworth G. Dudley Jr.
    2. Christopher Paul Berney
    2 lawyer answers

    You have a breach of contract issue. The real questions is whether you breached the agreement or the seller did. Without more information, it is impossible to know what the repayment terms were and if you completed your end of the deal. Not being able to reach the person on the phone is typically not a defense to payment of a debt if the terms were otherwise clear. For instance, if you knew when you were supposed to make the payments and where to send them, but called instead, you might be...

  8. What do you put in a lease agreement for a family member that is not paying rent?

    Answered almost 3 years ago.

    1. Rixon Charles Rafter III
    2. Ikemesit Amajak Eyo
    3. Christopher Paul Berney
    3 lawyer answers

    I am assuming you are talking about a residential lease here. While this is not an "ideal" situation, the best you can do, assuming you will not evict her if she doesnt pay some months, is to place a stipulation in the lease that any unpaid rent at the end of the lease agreement will be converted into a promissory note she will sign over to you for the amount of unpaid principal plus some reasonable interest rate. The promissory note would be payable on demand and then if she didnt pay, it...

  9. I paid a deposit for a tattoo the artist refuse to do the tatt, he is mad at me and refuse to return my money can I charge him

    Answered over 3 years ago.

    1. Christopher Paul Berney
    2. Mary Katherine Brown
    3. Pamela Koslyn
    4. Scott Richard Kaufman
    4 lawyer answers

    You can certainly file a Magistrate Court case against him in the county of his residence. He may have a claim for part of the monies paid to compensate him for the conceptual drawing of the tattoo. The value of this should be established by another tattoo artist with suitable experience. I agree with the earlier post, $230 may not be worth the hassle of litigation when there are personal relationships spilling over into the business end of things - most courts would raise a somewhat...