Scott Edward Stewart's Answers

1st Question! Can an attorney without client consent agree to a settlement? 2nd Question time frame for a judge to make ruling?

It is my belief that as and between you and your lawyer that you must approve any settlement and knowing consent after being told all material terms and that a lawyer can not enter into a settlement of your claim without your approval. As it relates to third parties the opposing party and the court, Your lawyer has apparent authority to enter into a settlement and your lawyer in your case or any lawyer in any case enters into settlements on behalf of their clients. Those settlements may or...

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My case now rests in Voluntary Dismissal but involves Breach of Contract and Forgery in order to share insurance commissions.

I am licensed and only practice in Ohio in Cleveland. First once you dismiss a claim without prejudice under Ohio rule of Civil Procedure 41 A 1 a if the case was proberly commensed that is filed and service was obtained if the case is subject to a dismissal and what is called the savings statute you have until the normal statute of limitations would run or one year from the date the case is filed as dismissed to refile (which ever is later) if the statute of limitation had already run. You...

Will settlement of a law suit impact my SSDisabality

there are two types of SSD one is SSI Title 16 the second is SSDIB Title 2. Check your social security order for the type of benefits you receive, if you are unsure then call your social security office. Title 2 is not reduced or extinguished by the receipt of a settlement SSI Title 16 is. In addition settling a Discrimination claim where you received lost wages for work lost that includes time you lost while receiving disability payments is a completely seperate issue and the receipt of...

I have just had an awful experience with an attorney. Do any of these actions constitute legal malpractice or ethic violations?

I am licensed in ohio not your state. In Ohio each of the allegations you made have been the subject of seperate ethics complaints and when found to be true ethics violations. They are: instruction to a client to lie if proved isa vioation., Failing to keep the client appraised and neglect of a clients case is a violation. Contact an attorney in your state to discuss the failure to list your PI claim which is a asset of the bankruptcy estate and may still be able to be listed. Also that...

I wanted to know if you could collect both unemployment and ssdi at the same time.

I practice in ohio but Social Security law is a national standard. You can not get SSDI and unemployment at the same time. unemployment by definition is paid because you are ready and able to work. Social Security disability by definition is paid only to persons who are unable to work for a year or longer. There are exceptions for part time work, but by and large that receipt would be a hinderance to your winning a SSDI claim. Scott Stewart Stewart & DeChant, LLC Scott@stewartdechant....

I wanted to know if you could collect both unemployment and ssdi at the same time.

I practice in ohio but Social Security law is a national standard. You can not get SSDI and unemployment at the same time. unemployment by definition is paid becasue you are ready and able to work. Social Security disability by definition is paid only to persons who are unable to work for a year or longer. Scott Stewart Stewart & DeChant, LLC Scott@stewartdechant.com 2167812258

Can I get my home back if I win my legal malpractice lawsuit ?

I don't practice in your state but i do in Ohio. Specific performance is a difficult remedy because it require that the defendant be the entity that gives you that. An example would be you can sue a lawyer to get your file which you have a right to. You can get specific performance since he or she has the file. The lawyer however doesn't own your house, hence you can not get that specific performance only money compensation if you suceed. Scott Stewart Scott@stewartdechant.com

Shoulder injury

In most states falls are very dificult cases to prove and win. Therefore the real issue in your case is whether you can win a fall on ice case. In Ohio where I practice you are required to look where you are going. Second a obvious defect such as ice is grounds to lose under what is known as contributory negliegence or assumption of the risk. You need to give the full facts to a board certified civil trial advocate in your state in my opinion as your injuries are bad and it would clearly be...