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Scott Kenneth Petersen

Scott Petersen’s Answers

34 total

  • Dental Scams, and Retrieving Records and X-Rays

    Today I had an emergency trip to the dentist, sort of. I have had such extreme pain with a tooth that even with pain killers (over the counter but recommended for tooth pain) I could not sleep or even think well enough to do math calculations. I c...

    Scott’s Answer

    You need to consult with a qualified personal injury attorney immediately to properly assess your claims. Ask prospective attorneys if they have experience with dental cases. Your attorney will know how to get compies of your dental records and will be able to provide names of qualified dentists who may act as expert witnesses.

    Also, you can file a complaint with the California Dentistry Board regarding the treatment you received at the following link:

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  • Auto dealer response very slow

    I purchased a used car from a dealership. The car is only a year old and has a programmed key. The contract says I get two keys but I have only received one. It has been 3 months since I've purchased the car and I've been calling often to obtai...

    Scott’s Answer

    Generally, businesses respond better to demands such as this when made in writing. It is easier to dismiss phone messages or fail to return phone calls. Send a letter to the business asking them to provide the promised second key. If the dealer fails to respond within a reasonable time, send another letter. Keep copies of the letters you send for your records. It's probably not worth filing a smalls claims matter in a case like this, but if you have to have a second key provided by the manufacturer, you could sue in small claims to recover the cost from your original dealer. Also, look at your state's consumer protection services on the web and see if you can make a complaint that way.

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  • Building too cold

    Are there any laws reguarding climate control in buildings open to the public?

    Scott’s Answer

    The only laws or regulations of which I am aware generally involve government buildings. To conserve energy (and costs), government buildings usually are kept warmer during the summer months and cooler during the winter months than privately-owned buildings. If you have concerns in this regard, contact your local government authorities (city or county) and inquire.

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  • Playing Chase With My Attorney

    To start off, the attorney I hired for my divorce/custody case charged me a ridiculously high retainer fee, which after paying (I was desperate to get an attorney, and quickly) - I did my research, and was quoted much lower rates. We went to court...

    Scott’s Answer

    You have two separate issues: 1) a grievance with the State Bar and 2) a malpractice claim. They are separate issues, so let's deal with them independently.

    First, as to a grievance with the Bar, you probably have grounds (I am not licensed in Texas and thus cannot render an opinion, but most bars have provisions that dicate a lawyer must keep a client reasonably informed of progress on a case, must be prepared in court, must zealously represent his or her client's interests, etc.). A bar grievance is simply a complaint regarding your lawyer's conduct and the bar has no power to award you damages or get your money back.

    Second, a legal malpractice claim might lie if you can show that but for your lawyer's poor representation, you would have achieved a better result. In particular, you will have to get an expert (another lawyer) to testify that your current lawyer's representation was legally deficient. It appears that you can show that your divorce should have occurred earlier but for your lawyer's delays. But it will be difficult, in my opinion, to show that you suffered damages as a result (other than perhaps paying too much in attorney's fees).

    I believe my colleague's answer to get the case resolved first and then think about your options is sound. I would consult a lawyer who has experience in legal malpractice cases. You can contact your state bar to get a referral. You can also ask your lawyer about filing a grievance, but you do not need a lawyer to do that; you can do that directly through your state bar.

    Best of luck.

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  • Parole hearing soon,how to help?

    my friend,rock kreutzer(big oak ranch)is up for parole (2nd degree murder) and is going on 23 years in prison (way to long)any help on securing is releaese would be very helpful. He is now 73 yrs old,and should be able to spend the rest of his lif...

    Scott’s Answer

    I would add that the Board of Parole Hearings in California will make a determination. The purpose of a parole hearing is to determine if or when an inmate can be returned to society.

    In general, some of the factors considered by the panel and which are discussed in the hearing include:

    counseling reports and psychological evaluations
    behavior in prison (ie, disciplinary notices or laudatory accomplishments)
    vocational and educational accomplishments in prison
    involvement in self-help therapy programs that can range from anti-addiction programs for drugs and alcohol to anger management
    parole plans, including where an inmate would live and support themselves if they were released.

    If you want to help your friend, consult a qualified criminal defense attorney who can make a presentation regarding the above to the BPHs in order to give your friend the best chance at release on parole.

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  • Legalzoom??

    Are the legalzoom documents the same as what I would get at a reputable attorney's office? I am curious if any attorney has "shopped" the competition to see if the documents are worth the paper they are written on or is it just another cookie cut...

    Scott’s Answer

    The law is not a "cookie cutter" area and thus, you should be wary of any "prefabricated" documents, whether you get them online or in a bookstore or at "legal document" services. Such documents will by definition not be tailored to your individual circumstances and needs. And, because they are not so tailored, there is no way to determine if such documents properly anticipate any potential claims or issues that may arise in the future.

    In other words, just as you should be cautious using medical advice you receive from online sources, so should you be cautious using generic legal documents.

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  • Can't find info on lawyer who did me wrong..where can I get help?

    I live in NJ and my question is about an attorney who represented us at our closing. A few years back, we made our first real estate purchase. Our attorney was recommended to us by our realtor ( another scammer). We had all of our closing checks a...

    Scott’s Answer

    You should get copies of all the closing documents and a copy of the check you wrote to the attorney. Then contact the New Jersey state bar and ask how to go about filing a complaint, if that's what you wish to do. As for contacting other potential complaintants, you can place an ad in a local newspaper or do a search on the internet. Best of luck.

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  • What is the employment rate of lawyers in miami

    what is the employment rate of lawyers in miami

    Scott’s Answer

    Your question is unclear. If you mean what is the hourly billing rate in Miami, I would disagree with my colleague who quoted you as low as $100/hour. I believe you should expect to pay substantially higher, especially if it's a plaintiff's side employment case. Conservatively, I would estimate at least $200/hour. Also, some lawyers take those cases as a contingent fee, but you would have to consult the lawyer individually for a quote on that.

    If you mean what is the market like as far as hiring lawyers in Miami, then I would say it depends on what kind of law that you want to practice, but judging by the calls I get and the ads in the Bar newspaper, generally, the market is better in Miami than in most areas of Florida. There seems to be high demand for litigation attorneys in particular.

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  • Open case file

    I have an open case file in the los angels county jurisdiction. A person in my community works in the court house where my file was kept. She got caught photocopying and sharing the contents of my file in the community. This cause extreme damag...

    Scott’s Answer

    In addition to what my colleagues have stated, the person who disclosed your file may have civil liability for invasion of privacy or public disclosure of private facts, especially if the contents of your file were not public records yet (such as if you were in a deferred prosecution program). You would have to consult with a qualified plaintiff's attorney in your area for a full analysis of your legal rights and remedies.

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