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Frederick Mason Morgan Jr.

Frederick Morgan’s Answers

33 total

  • How Do I Sue the US Army?

    I was wounded in Iraq supposed to have a Med Review Board when I returned home, but instead the US Army wrongly discharged me with a chapter, because they were mad that I wnet outside the chain of command when I contacted the Asst Secetary Of Def...

    Frederick’s Answer

    Your remedy is to file for review of your discharge status, and having been in the Army, you won't be surprised to learn that there is a form for that--the DD293. You also won't be surprised that it is a hard way to go. However, I am reasonably sure that you can't sue the Army over your discharge status--and certainly not without going through the Review of Discharge Status procedure first. A good place to start is with one of the excellent Veterans Service Organizations, such as the DAV or VFW--they have a lot of expertise in all things post-discharge.

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  • Were any of my rights to defend myself violated due to this lawyer not serving me to give me the chance at my defense?

    This was a family court matter that did not concern me. With that being said most of the trial consisted of accusations and questions regarding myself. I was never given any papers to appear. My right to defend myself character and honor was viola...

    Frederick’s Answer

    A lawyer's duty is to her client. if you were not represented by the lawyer, then the lawyer owed you no duty and had no obligation to you at all, and could not have "neglected your rights" where the matter in court "did not concern" you.

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  • Can my attorney take legal fees out of my settlement without me okaying it?

    I have a fee agreement (30 day billing) with my attorney and gave her a deposit. At that same time I gave her a written notice stating that my legal fee limit was $10K. I have never received a bill even though I asked for one on several occassio...

    Frederick’s Answer

    Wow--that's no fun. As you describe the fee contract, you are entitled to a bill which provides some level of detail regarding the work she has done for you, and should respectfully (as you presumably would with anyone who was doing work for you) insist upon receiving a bill so that you can evaluate your situation.

    Attorneys generally have a lien against settlement proceeds. However, that applies only to fees required to be paid by the fee contract, and those fees have to be reasonable. If you contracted to pay hourly fees, however, and the hours were reasonably spent, then the lawyer may be entitled to pay her firm out of the proceeds of settlement.

    I would start with a firm request for a bill.

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  • Ia my attorny right?

    I had agreed to pay my attorney 33 1/3 % if the case settled before going to court, and 40% if it does. But we settled out of court and he still took 40% and when I asked him why, he said he filed the case just in case we didn't settled., so that ...

    Frederick’s Answer

    If you did not authorize your lawyer to file a civil action on your behalf, then depending on the fee agreement, one should not have been filed. I suspect the contract is more specitic than "going to court;" some agreements are written so that the filing of a complaint triggers a higher fee, and some are written so that going to trial triggers a higher fee.

    There apparently was a communication problem. You might consider asking the lawyer to send you a letter detailing the events on which he relied to charge the larger fee. If you believe he is interpreting the contract wrong, most local or state bar associations have fee-dispute resolution systems in place and you should call the local bar for more information.

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  • Fraud in the inducement

    In Massachusetts, is fraud in the inducement barred from the economic doctrine loss(rule)? The damages are for breach of contract, not product liability. The loss is not to property, purely economic. Thank you.

    Frederick’s Answer

    Although in Massachusetts purely economic losses are generally unrecoverable in tort, FMR Corp. v. Boston Edison Co., 415 Mass. 393, 613 N.E.2d 902, 903 (Mass. 1994), courts have carved out an exception for claims of negligent misrepresentation. Danca v. Taunton Sav. Bank, 385 Mass. 1, 429 N.E.2d 1129, 1134 (Mass. 1982). This exception has sometimes been characterized as limited to claims of negligent misrepresentation in the provision of services, Gavett v. Roto-Rooter Servs. Co., 2001 U.S. Dist. LEXIS 20436 (D. Mass. Nov. 27, 2001), but the Massachusetts Appeals court seems to have extended the exception to all negligent misrepresentation claims. Nota Constr. Corp. v. Keyes Assocs., 45 Mass. App. Ct. 15, 694 N.E.2d 401, 405 (Mass. App. Ct. 1998). Intentional false statements inducing reliance should be viewed at least as seriously as negligent misrepresentations.

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  • Is this tax fraud and what do I do?

    In my divorce I was given the right to claim 2 of my children on taxes and given custody of them.My ex claimed them on his tax return.What do I do? I did not earn enough to file but he was not legally eligible to claim them.

    Frederick’s Answer

    The rules regarding this subject are complex. In general, a noncustodial parent may not claim a child as a dependent unless the custodial parent relinquishes, in writing, the right to take the deduction. You have no obligation to report your knowledge that the taxpayer claimed an extra deduction, but if you chose to do so, instructions on contacting the IRS are available online. It's hard to see why you would choose to do so, but that's your business.

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  • What will i be charged with if i did fraud returns for a total of $750 in 9 diffrent transactions?

    Iwas a manager in the job and was caught doing fraud returns for a total of $750 dollars in 9 diffrent transactions. This will be my first offence.I have to go to the station and give my side of the story what can i expect?

    Frederick’s Answer

    Theft by deception. Remember--if you "give your side of the story" it can (and will) be used against you. HIRE A LAWYER.

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  • Do I have a case for DTP, forgery or fraud?

    I purchased a vehicle and was deceived on the odometer reading. The dealer also forged my name on all state forms to transfer title into my name.

    Frederick’s Answer

    If by "deceived," you mean that the odometer was rolled back, then very serious offenses were committed. Knowingly rolling back an odometer ("odometer tampering") violates federal law, as well as Texas criminal law *and* the Texas Deceptive Trade Practices Act. On the other hand, if you recall a salesman telling you the odo read one thing when, in fact, it read something else, you may just be talking about "buyer's remorse"--usually not a basis for setting aside a contract, if the false statement is not in writing.

    If you're talking about forgery as in you had no agreement to buy the car and the dealer signed your name to documents showing that you were buying it, then another crime may have been committed. If there is forgery, then your overall grievance will take on much more credibility; however, if you signed the purchase contract, financing papers, etc., and the dealer "expedited" the paperwork, possibly not so much.

    An internet search for "texas consumer protection lawyer" will give you a lot of possible attorneys to call.

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  • Divorce procedure in OH state, is personal information discoverable does it need to be given to husband's lawyer

    Currently going through a divorce in Oh, I moved out of the marital home in March, 2008 and purchased a condo with money inherited from my Dad's death. (Not marital money/property) I just found out that my husband's attorney had given him a copy o...

    Frederick’s Answer

    I do no domestic work, and so you should treat my thoughts as general information. The process of "discovery" in any kind of civil lawsuit in Ohio generally does not limit what is done with information provided by the parties, unless there is a special type of court order (called a "protective order") which allows parties to designate information as confidential and agree how such information will be handled. It might be possible to retroactively get agreement on such restrictions, but if things are hostile it seems unlikely. All that said, if any abuses occur you should make sure your lawyer is fully informed, and she might be able to get the court to intervene--or at least poison the well against your ex. Good luck, and remember that you should not hestitate to ask your lawyer any questions you have--she will welcome your involvement.

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  • ASCAP royalties

    I am an attorney in New York and I need a referral for an attorney in the Los Angeles area who can help my friend, a musician, collect royalties which he claims are owed him by ASCAP for downloading of his songs. Interested attorneys, please con...

    Frederick’s Answer

    Anthony Kornarens, (310) 458-6580, is an expert in the area of music royalties.

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