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James William Low

James Low’s Answers

9 total

  • Summons technicalities - Jersey City, NJ municapl court (Hudson County)

    On a Municipal Court summons received in the mail, filed by one of my neighbors in the gated community where I live, alleging criminal mischief —damage to tangible property by reckless or negligent use of fire, explosives, etc. n.j.s.a. 2c:17-3a(1...

    James’s Answer

    In general typographical mistakes are not sufficient to have a case dismissed. You should consult with a local attorney to get a more specific answer under New Jersey law.

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  • Lawsuit

    I have received a summons that states I have a law suit filed against me. The lawsuit is actually filed against the corporation I am employed by. I am not the owner I am the employee. I am confused, why I would be implicated? The suit is for TV ad...

    James’s Answer

    You need to contact a local attorney immediately. There are deadlines to file an answer to the Complaint. If you do not file an answer within that deadline, you run the risk of being defaulted. (Which means that the Plaintiff automatically wins). The local attorney will also be able to help decide whether you should not have been individually named and can take appropriate action.

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  • Help when one's lawyer dies.

    What happens when one's lawyer dies when in possession of documents or in the midst of various ongoing legal proceedings? How does one proceed, retrieve documents such as wills, and/or transfer everything to a new lawyer?

    James’s Answer

    I am unsure what the process is in California, but in Michigan its State Bar takes over a deceased attorneys files to make sure that the clients get their files and paperwork back and can hire a new attorney if need be.

    I would recommend contacting the State Bar in California for a more specific answer.

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  • Bar complaint

    Can a lawyer retaliate against a person that has filed a Bar complaint against him?

    James’s Answer

    It would certainly be unadvisable for an attorney facing a grievance to retaliate against the grieving party.

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  • Statute of limitations on legal malpractice

    What is the California statute of limitations for criminal legal malpractice?

    James’s Answer

    California Code of Civil Procedures section 340.6 provides that:

    A. An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four years from the date of the wrongful act or omission whichever occurs first. In no event shall the time for the commencement of legal action exceed four years except that the period shall be tolled during the time that any of the following exist:

    1. The plaintiff has not sustained an actual injury;
    2. The attorney continues to represent the plaintiff regarding the specified subject matter in which the alleged wrongful act or omission occurred;
    3. The attorney willfully conceals the facts constituting the wrongful act or omission when such facts are known to the attorney, except that this subdivision shall toll only the four-year limitation; and
    4. The plaintiff is under a legal or physical disability which restricts the plaintiff’s ability to commence legal action.

    B. In an action based upon an instrument in writing, the effective date of which depends upon some act or event of the future, the period of limitations provided for by this section shall commence to run upon the occurrence of such act or event.

    I would recommend that you contact an experienced California attorney if you believe that you have a claim.

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  • File a lawsuit against lawyers?

    What if the lawyers who represented me in a car accident claim didn't provide the proper documents to me in the closing of the settlement? They failed to follow the correct steps, and chose to make a deal over the phone with the insurance compan...

    James’s Answer

    In some jurisdictions the file is considered property of the lawyer; however, you are generally entitled to get a copy of your file.

    I would recommend contacting an experienced attorney in Vancouver to more fully answer your question.

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  • Bar complaint

    A lawyer that was opposing counsel for a lawsuit brought against us that was settled and dismissed with prejudice. His client's are threatening to file another lawsuit. The bar complaint is under investigation. If his clients file another lawsuit,...

    James’s Answer

    There is nothing that would prevent the attorney from representing his clients in a new case even if it involves the same parties, unless the new lawsuit involves the same issues as the case that was settled.

    I would recommend finding an experienced attorney in Washington to more fully answer your question under Washington law.

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  • Legal malpractice

    Would an attorney who neglected to act on the answer to complaint for his/her plaintiff client and then concealed the answer from the client constitute legal malpractice?

    James’s Answer

    In general, there is nothing that needs to be done in response to an answer to a Complaint. The exception is if the defendant has filed affirmative defenses along with their answer to the complaint, the affirmative defenses may have to be answered.

    One of the elements of a legal malpractice claim is damages. You have to show that the lawyers actions caused you damage. You also have to show that you would have prevailed as Plaintiff in that case but for the attorney's conduct in order to prevail in a legal malpractice claim.

    I would recommend contacting an attorney in New Jersey for a full answer under New Jersey law.

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  • Digital Evidence

    Can a digital time stamp be used as legal evidence?

    James’s Answer

    Yes, a digital time stamp can be used as evidence, but that does not necessarilly mean that it will necessarily be taken at face value. The opposing party could present evidence that contradicts the digital time stamp and show that the digital clock was not set to the right time. The opposing party could also try to show that the digital time stamp had been altered in some manner.

    Many computer forensic companies can preserve this type of evidence for trial and show that the digital time stamp had not been altered in any way.

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