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Aseal F Morghem

Aseal Morghem’s Answers

592 total


  • Ethics question

    if your attorney picks up your own witness as their own client without telling you, is that ethical?

    Aseal’s Answer

    As my colleagues shared, your facts as stated are limited. However, if your witness has not testified yet in a deposition and at trial, even if it turns out there is not a true conflict of interest, your witness will have a bias that will be exploited by your opposing counsel. Without more facts, we can determine if you have a true conflict of interest.

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  • Any criminal attorney. .I need Advice!

    We found an attorney to represent my family member in a criminal case. The attorney stated that after looking at the case his fee is 35k. Fast forward till today. No one never signed the agreement, but 2 weeks ago the attorney stated he wanted a...

    Aseal’s Answer

    As for the retainer, if this is what was agreed upon then you owe this amount. Please clarify your exact question.

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  • Lawyer falsifying information

    I hired a lawyer - who's name I got from this site with stellar reviews - and discovered last week that he changed the date on the resolution letter/documentation he sent the opposing counsel. I asked for a copy of the 'actual email' that was sent...

    Aseal’s Answer

    Any questions you have, you should direct them to your lawyer. If the date really is at issue, ask you lawyer why the date was changed. It could be a very simple answer and may have no devious intent whatsoever. Your concerns may be alleviated by a very simple answer. From the face of your question, this by no means arises to a level of fraud. Have an open and direct conversation with your lawyer, if your concerns are not quelled, then you always have the right to retain new counsel. No lawyer wants a client to not have a trusting relationship with his/her client. This reduces the level of frankness which ultimately may hinder the optimal level of proper representation. I hope this helps.

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  • Please express your opinion on the case and advise what should we expect at the court. Thank you

    My wife was 7 month pregnant and was late at the airport for a flight. The gates were closed in front of her and the airline workers wouldn't let her in. As being pretty emotional when pregnant she started to raise her voice and eventually cr...

    Aseal’s Answer

    Your chances of a sympathetic prosecutor in Broward County is very difficult. The elected state attorney is tough and it is not advisable to ever speak to a state attorney without counsel. You should definitely retain counsel and before arraignment. This is not a favorable jury case for the state.

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  • Do I file a motion or notice to proceed pro se when my attorney got suspended?

    Divorce/Custody Lawyer took $$ and ran will take months for help thru bar. Contacted Legal Aid and not sure if I'll get it. I don't have any more money or cannot borrow please just tell me if it's a "notice" or "motion" I file to list myself? I ...

    Aseal’s Answer

    I agree that there is a need or a motion to file to put other side on notice that you are representing yourself. However, just because an attorney is suspended by the Florida Bar this does not mean it is automatic that your former lawyer is off from your case. The former lawyer should have informed the court that he/she is suspended and should have filed a motion to withdraw. This would have put the opposing counsel on notice that you are no longer represented. The court must grant this motion since your former lawyer is no longer licensed to practice law. You may also bring this matter to the court's attention without waiting for your former attorney and the court will remove the attorney from the docket. I hope this helps.

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  • If the client asks, Is an attorney required to give her client copies of email negotiations with opposing counsel? If not, why?

    My atty was (supposedly ) trying to settle a case before trial. I told her what I wanted & the absolute minimum I'd accept & she thought a likely very reasonable outcome was in between the two even actually closer to what I wanted Weeks later I a...

    Aseal’s Answer

    • Selected as best answer

    You are entitled to copies of your file but if any part of the e-mails are considered work product or opinions of your attorney, you would not be necessarily entitled to these e-mails. If your attorney published her work product to the opposing counsel then this may be considered to be published and therefore, you have an argument to obtain these e-mails. If you do not believe your attorney as to the negotiations, you are always entitled to get a second opinion to advise you as to whether the settlement amount is proper in your case. I hope this helps.

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  • Grand Theft 3rd Degree Sentence??

    My brother in Law was just arrested for 3rd Degree Grand Theft ( $300-$5000), this is his first in Florida besides driving without a licence. He did however have a couple past Felonies in Michigan. Will this affect his sentencing in Florida?

    Aseal’s Answer

    The State has access to all criminal convictions in the US. If the State sees these felony convictions, they will definitely use them to score on the defendant's score sheet. This may or may not increase the lowest permissible sentence. Have your brother-in-law hire an attorney to have proper representation and if cannot afford one, the Court will appoint one for him.

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  • I signed a sales contract on a home and within 24hrs discovered serious ethics, agent duty and obligation to seller, -collusion

    Buyer is a real estate agent (not announced to me prior to contract, Sales sign was up for only hours before being removed (no sale pending). Two agents apparently colluded to avoid a real and honest exposure of property in the market-place. Much ...

    Aseal’s Answer

    I agree with my colleagues and would add that since you are the seller, you are in a more difficult position. Your contract and any overt representations by your agent are what matters most, you really need to sit down with a real estate lawyer and go over the specifics of your sale agreement. You need to do this sooner than later, before you do anything else. I hope that you can get some help.

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  • A complaint has been filed against me and I'm being investigated by a sheriff who want me to speak to them what should I do

    Previous place of work, and some items are missing and haven't work there over a year

    Aseal’s Answer

    I agree with my two colleagues, definitely, do not speak to anyone from law enforcement, even if you believe you are innocent. Any admission, even as meager as admitting employment may be used against you. The police only want to talk to you because they are searching for evidence not because they want to be your friend. Hire yourself a criminal defense attorney to prepare your defense. I hope this helps.

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  • Do I have a record?

    I was arrested and charged with 2 felonies when i was 16. It was nolle pros. I did a live scan and it was clean. Does this check check ncic/fcic? What does this mean for my record? I am 25 years old now. Thank you

    Aseal’s Answer

    Do you have a record? Yes, for an arrest for two felonies. Do you have any convictions? No, if they were "nolle pross'd". Your record of arrests will always exist unless you move to have them sealed and then later expunged if they were both from the same arrest. I do not know what service you used, but you can apply to have your record printed out via FDLE which will check what you have in Florida and you can see what shows up. You will have to check with the military branch you are applying to as to what exactly they are looking for on your record. I hope this helps.

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