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Frederick Mason Morgan Jr.

Frederick Morgan’s Answers

33 total

  • What are an attorney's obligations regarding a former client's federally protected private health information?

    I hired a lawyer to represent me as a plaintiff in a noise and nuisance case. He incorrectly treated the case as a personal injury case and withdrew mid case. His father is my physician. Before he withdrew he obtained my signature for the release ...

    Frederick’s Answer

    This is a complicated question in some ways, not at all in others. When you hired the lawyer, the attorney-client privilege bound him to divulge none of your secrets or confidences, regardless of their source. In most states, recent changes to privilege rules made this even clearer that it was before. When (if?) you filed a grievance, you may have waived the privilege. The reason for this principle is that you put the lawyer's actions into question, and he can't have a hand tied behind his back in terms of showing what actually happened. There is a major silver lining here, however, which is that most arbitration proceedings are confidential--that is, the records would not be available to the public.
    That said, if the use of the records is gratuitous, the bar tribunal likely would either put them under a protective order or strike them from the record, and the arbitrator(s) should be offended by their use.

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  • Recusing a judge

    i filed a petition to recuse a judge. he failed to hold an evidentiary hearing. instead he scheduled a hearing for my modification of custody which i requested to have the childrens custody transferred to me the NCP since the CP has again failed t...

    Frederick’s Answer

    I'm the furthest thing possible from a divorce lawyer, but I strongly believe that you urgently need competent legal advice. It seems likely that you are not the first person to think Judge _____ is biased. That's not a basis for recusal. The rule lawyers follow is, "don't shoot the king unless you're sure . . . " well, you know the rest. If you're serious about using the system to have a relationship with your children, you need to make the system--read judge--your friend. These things can escalate in the bat of an eye. If you can't afford counsel, talk to Legal Aid or its equivalent where you are. If you can hire a lawyer, find one whose commitment to you is to help make peace so that you have a chance.

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  • From what state must I file suit against Fed Govt?

    Have what I feel is case against former federal govt employer along with OWCP issues. I was working in AZ but now residing in GA. Since it is the Federal Govt, can I file from GA?

    Frederick’s Answer

    Far too little information. If you think you have an employment discrimination case, there are many lawyers who specialize is that area of law, and you undoubtedly can find one who will talk to you without an fee or with a small consultation fee. Find one on the internet or from the bar association referral service and get some real advice.

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  • Settle the case or Fight because im able to win?

    I own a mobile home park, the mobile homes are individually owned i just provide the land space for rent. Recently, one mobile homes was set on fire by arsenal. The fire from that trailer was touching the trailer home next to it and scorned the si...

    Frederick’s Answer

    You surely have liability insurance, and you should notify your insurance carrier or agent of this situation immediately. They are obligated to defend you. Otherwise, if you're not willing to pay (and I'm certainly not saying that you should; who nows?) you had better hire a lawyer to represent you.

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  • How long could it take before i receive my settlement check? Is there a way to speed this up? Should i find another lawyer?

    I had opened a civil case over 5 years ago and until recently (Feb 2010) it was finally settled in my favor but I have not received my settlement money yet. My lawyer explained to me that the business that I sued needs to sell their business lice...

    Frederick’s Answer

    Not enough information. Sometimes payments are delayed based on the settlement contract. If your case has been resolved, you must have signed a settlement agreement: You need to review it and see what it says, and you need to reach out to your lawyer and insist, in a polite but businesslike manner, that your questions be answered to your satisfaction. (Don't forget: The lawyer works for you--not the other way around.)

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  • If i loose in court and have to pay civil damages to someone what is the extent of damage can they do to me

    I lost in court and have to pay for the investigative cost. He is trying to run me out of business and now I will owe him money , To what extent can he hurt me , If i cant pay can i be arrested ? or what worst case can he do to me because he will ...

    Frederick’s Answer

    Nonpayment of a judgment will almost surely not result in your arrest, although if you are summoned to court for what is called a "judgment debtor examination" and fail to appear, you can be arrested in order to ensure that you show up. If the judgment is not for fraud, you may be able to discharge it in bankruptcy and based on what you're saying you should consult a bankruptcy attorney as soon as possible--why would you wait?

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  • I believe I have a big problem. I recently started attending law school although on the application I checked that I have. . .

    I wrote that I have never been convicted of a crime when in fact I have been convicted of a couple different things - all misdemeanors- i.e. DWI, under the influence of a controlled substance etc. I filled out the application in haste because the ...

    Frederick’s Answer

    I'm not a California lawyer, and have no reason to disagree with either of those who have answered (and who are). But I would strongly urge you to find, and pay for a serious consultation, a lawyer who specializes in professional ethics and grievance matters. Such things can escalate rapidly, but also can be defused if handled very carefully. If it were me, I would not run to the Dean without serious legal advice.

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  • Is it illegal for a doctor to lie about the time spent with a patient and what they said they checked on the patient?

    I was charged a level four visit before they even seen my daughter. The doctors office said this was standard and if at check out, if was not a level four they would reimburse. Latter, I called the doctors office and asked for an itemized list of ...

    Frederick’s Answer

    If you were a Medicare or Medicaid patient, such conduct would be illegal if it could be shown to have been intentional. This practice is called "upcoding" and, unfortunately, is all too common. If you have private insurance, you might consider reporting this abusive practice to the fraud hotline which your insurance company probably has. It is important not to simply let this lie, because, if it happened just as you say, it is flat wrong (and you were overcharged).

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  • Steps to filing suit / complaint proceedure against officer misconduct.

    what is the proper proceedure to filing a formal complaint against the unprofessional conduct/ harrassment/ discrimination experienced while being detained at County Sherriff's department? Who are the government officials one should send letters t...

    Frederick’s Answer

    Bad things happen in jail, and the government and its employees have a lot of protection against lawsuits. You should at least consider finding a good civil rights lawyer in your general area and seeing if she is willing to take your case. Unless serious harm resulted from the events, such a lawyer will likely decline, which will be a sign that you might consider moving on. In any event, I'd suggest talking to possible counsel before striking out on your own with the press or whatever, because doing so could have serious implications for any case and lead an otherwise-interested lawyer to think that you're a loose cannon.

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  • What can be done in a law suit againt the gov. for misstreatment in the Military ?

    Are there statutes on this ? What Laws protect me from being an unwilling participant in Military experamints that have effected who I was as a person and possible my children ?

    Frederick’s Answer

    The military is generally immune from suit by soldiers. Search the term "Feres doctrine" and you will find all the information you need. Your best bet may be to seek out the resources of the VA and attempt to document the harm that was done to you and its service connection, which may entitle you to additional VA benefits.

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