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Nicholas C. Zales
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Nicholas Zales’s Answers

520 total


  • Getting horrible service from current lawyer you have paid a retainer to

    I started using a lawyer last May 2014 to help partition my ex husband and myself 's home we still own but he has not paid his half of mtg or repairs or insurance or taxes etc. This lawyer has let a 3 month gap go before contacting me 2 times n...

    Nicholas’s Answer

    It's a drastic remedy and not to be taken lightly, but you could remind your lawyer she has a duty communication and competence. You could suggest that if she doesn't get working on your case in a reasonable way you will report her to the bar's disciplinary authorities. I would at least give her a chance to explain first, but if you feel you are being used this option will spook any attorney into action. Again, use this only as a last resort. https://www.lsba.org/Public/AttorneyDisciplinaryProcedures.aspx

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  • Court of Appeal question regarding opening brief.

    I am preparing my opening brief. I have filed the designation of record. I have found 5 pages (emails) that I did not designate and they are not included in any court record. Am I correct that I can attach up to 10 pages as exhibits in my brief? I...

    Nicholas’s Answer

    Every state has different rules on what constitutes the record on appeal. In Wisconsin, you would have to ask the Court of Appeals to supplement the record - assuming those emails were introduced in the circuit court. If they were never part of the trial court record you may be barred from using them. Simply attaching them to an appendix or making them exhibits in a brief would not suffice. I would review these pages. They explain what you need to do. Good luck!

    California Appeals CRC Rule 8.121(a) - Ehrlich Law Firm
    www.ehrlichfirm.com/articles-briefs/basics-of-california-appeals-5.html
    California appellate law rules - Rule 8.121 (a) requires the appellant to file in the trial court a designation of the record on appeal within 10 days of filing a notice ...

    [PDF]Motion To Supplement The Factual Record - Michel and ...
    michellawyers.com/.../Nordyke_Appellants-Motion-to-Supplement-Factu...
    Mar 27, 2012 - APPEAL FROM THE ... FOR THE NORTHERN DISTRICT OF CALIFORNIA ... This court has inherent authority to supplement the record in.

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  • How do I go about setting custody and what do we do about our mortgage?

    My girlfriend of nine years decided we should split up. We have a seven year old son and a mortgage that we've had for only about six months. We have been mostly civil and splitting up taking care of our son 50/50 but I would prefer something more...

    Nicholas’s Answer

    You need to speak with a family law attorney. Most give free, short, initial consultations. Speak to 2 or 3 and see which one fits you best. Good luck!

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  • Do I need a lawyer and if so what kind?

    my car was in for service at a dealership Friday while test driving my car the service technician was involved in an accident that totaled my car.

    Nicholas’s Answer

    Unless the dealership is willing to do right by you, to your satisfaction, I would contact a consumer rights lawyer ASAP. This is more a case of negligence than lemon law. If you receive no good answers here, Google it. There are many lawyers in your area who do that kind of work. Good luck!!

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  • I would like to know what the requirements are regarding the condition of a rental property before a tenant moves in?

    I am renting a condo for $2000+ per month. The surface condition looked ok, when I went to look at it before the previous renter vacated, but after moving in, I am finding the dirt & filth to be rather disgusting & unacceptable! Nothing was clean...

    Nicholas’s Answer

    Your complaints do not sound petty to me. I would document all these problems at the very least. For that kind of money, you should have received a truly clean condo.

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  • What type of attorney do I need?

    October 2013 we had a house fire. I was under going chemo and was experiencing memory problems & my doctor provided my insurance company a letter stating this. The insurance company had a 3rd party company do our personal property inventory. A lot...

    Nicholas’s Answer

    You need an attorney who focuses on bad faith insurance claims. There are plenty of them. It is not my area, but wish you Good luck! If you get no answer here, Google it.

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  • Cricket changed its policy AFTER I bought a phone

    I bought a phone around 5 months ago and on that time they said they will unlock it. now they changed the policy to be 6 months and when I asked for an unlocking code, they told me their system does not allow it since it has not been 6 months yet....

    Nicholas’s Answer

    That's a tough one. You might try keep complaining and go higher up the level of command. That or I have heard of hacks on the Internet to unlock phones.

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  • Complained to property management company about service then received a notice of a non-renewed lease. Retaliation?

    I complained about a neighbors exercise equipment above our unit 10 months ago and was strung along by the property manager saying that they told the tenants multiple times to stop using the equipment. After 10 months of them continuing to use th...

    Nicholas’s Answer

    You should contact Randy Enochs about this. http://www.avvo.com/attorneys/53202-wi-randy-enochs-1510014.html

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  • Can I take my roommate to small claims court for withholding a utility bill?

    This is a rental property in a college town. My name is the one on the all the bills, including the city fees we receive every three months. During January I had a car accident and was unable to travel to the rental property and its city to pay ut...

    Nicholas’s Answer

    Of course you may bring an action in small claims court. The Wisconsin Supreme Court website has all the forms and instructions you need. I have provided a link to them below. But first I would contact the city and make sure they do not shut off your water. Good luck!

    http://www.wicourts.gov/forms1/circuit/ccform.jsp?FormName=&FormNumber=&beg_date=&end_date=&StatuteCite=&Category=38

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  • Is it illegal to not pay someone after they have worked?

    I was not payed for 32 hours on my last pay stub (week of dec 14) i was only deposited $1 and it has almost been a month. Ive contacted them several times and they seem to just send me off.

    Nicholas’s Answer

    http://dwd.wisconsin.gov/dwd/default_individuals.htm I would go to this web site and file a complaint. Of course a person is entitled to be paid for work performed. Good luck!

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