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Peter Ordower

Peter Ordower’s Answers

26 total

  • Can i sue 2 people at the same time for the same thing

    i got hit by a car one person say they wasnt driving the car that the other girl was then other say the same thing but both agree that they was in the car to the police

    Peter’s Answer

    You can absolutely sue multiple defendants for the same misconduct, and discovery should eventually help you identify who the real driver was. As others have suggested, it is best to hire an attorney for this, and the sooner the better. A lawyer might even help you resolve the situation without a lawsuit.

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  • Can I be sued for defamation of character if I filed an ethics complaint/grievance?

    The financial planner handling an inheritance trust, in which I am a beneficiary, refused to respond to my emails or phone calls. I was requesting a breakdown of the inheritance assests, money spent on lawyers, and distribution of funds to benefi...

    Peter’s Answer

    Generally, people have a qualified immunity from liability for defamation if their derogatory stements were solely made in a proper legal form to obtain legal relief. Once you start making statements outside such a forum, there is a far greater risk hat your derogatory statements would not be considered priviliged.

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  • Can I file a claim in small claims court gainst ex girlfriend even though she has an emergency order of protection against me?

    I have not been returned personal items from my ex and would like to file a claim against her in small claims court. We have not yet had a final court date yet to determine permanent order of protection.

    Peter’s Answer

    The courts are open for anyone to file claims, even convicted felons in prison. Unless the order of protection specifically prohibits you from filing a lawsuit, you likely can file one. Depending on your situation, however, and if your ex has previously claimed that you were harassing her, a judge might view a lawsuit by you to be another form of harassment or a way to circumvent an order of protection, in which case it could negatively affect your entire situation involving her. You should think through your motives for filing a lawsuit, consider how a third party would view it, think of the possible results, and perhaps seek a professional consultation, before proceeding.

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  • Should an attorney practice law while recouping from Viral Encephalitus?

    This type of virus causes lack of judgement, personality changes, and slowed motor skills. Is it possible that this could be cause for legal malpractice when a standard of care was not met providing a client adequate representation.

    Peter’s Answer

    If good judgment and personality tests were criteria to practice law, there would be fewer members of the bar. As in any occupation, many physical and mental conditions may affect performance, and there is no medical condition which absolutely prohibits the practice of law. Whether a member of the bar is fit to practice is a matter for determination by the attorney registration commission and the supreme court to decide on a case by case basis. If you believe that your attorney lacks the ability to properly represent you, rather than have misgivings before and after disposition of your case, you might want to find a lawyer you're comfortable with, because it's your case.

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  • I am 1 of 8 defendants in a product liability case. Do I need to file an answer and appearance or can I just file my appearance?

    I was also served with a second complaint in reference to the same product liability case the second being a wrongful death. Can I just file my appearance or do I have to file my answer and appearance/

    Peter’s Answer

    Assuming that the claim is not in small claims court, a failure to answer subjects you to the possibility of a default judgment against you for any relief sought in the complaint, and you can effectively be barred from contesting the claim. Also, if you are incorporated, you will need to hire an attorney to appear on behalf of the corporation.

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  • Can I sue a lawyer for malpractice in small claims court on my own?

    My attny failed to communicate to me that opposing counsel offered the opportunity to dismiss w/o costs. I lost SJ. I reported to the Lawyer Regulation in WI - the attny and director entered into a Diversion agreement, which is confidential...so ...

    Peter’s Answer

    Actually, I believe that you could theoretically sue for malpractice in small clams court, since small claims merely designates that a relatively small amount is claimed. In order to win, however, you might have to hire a lawyer to review the facts and testify that your former lawyer breached a duty of care. If all that is really at stake is a claim to recover certain costs paid in a prior case, such as filing fees, and you would need to incur a fresh set of costs in order to prosecute such a claim, it does not seem like the best economic choice to double your loss by incurring costs of a new suit, for the possibility of being made whole for your former attorney's alleged mistake.

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  • I took a sales position with a company, the recruiter "sold" me on the position, telling me that I would easily make 6 figures.

    I started an outside sales position 6 weeks ago, I was told at the time of my job offer by their in-house recruiter that I would be the "exclusive" sales rep for my territory and that I would easily make 6 figures with my uncapped commission struc...

    Peter’s Answer

    You might have a cause of action for fraud, but in order to determine that, additional facts would be necessary and you might be well advised to talk to an attorney. You might also want to think of looking for another job, because if your employer has misled you from the beginning and your opportunities are less than you were led to expect, it does not bode well for the future.

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  • If my daughter is 14 but is behind in school 1.5 years can she testify in a guardian case?

    My daughter is turning 14 January 31, 1998. But I know that she is behind 1.5 years in school, can she be allowed to testify on whom she wants to live with in a guardian ship case? I am in Cook County Illinois so only ILlinois lawyers should ans...

    Peter’s Answer

    Judges have substantial discretion in allowing witnesses to testify. If it would be relevant to an issue, and the court does not believe she would be unfairly traumatized by testifying, and she appears to understand the importance of testifying truthfully in court, my guess is that her testimony would be allowed, and the judge would consider her testimony along with all of the other evidence in ruling on the matter.

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  • Can i sue for lost wages?

    i got pulled over and police found a joint in my car. work found out and tested me. i failed but they didnt offer a second test or rehab. i go to court and the judge assigns me an assesment class to drop the charge. i passed the class, i have a le...

    Peter’s Answer

    It's great that you are drug free and hopefully you will stay that way. In the absence of a contract providing otherwise, employment is usually considered "at will", meaning that an employer can fire you or curtail your employment at its sole discretion without cause, provided it is not for an unlawful purpose such as race discrimination or retaliation for exercising constitutional rights. In addition, many employers have written work rules or policies prohibiting drug use and other illegal activity and specifically providing for discipline or termination if you break those rules. Unless specifically agreed otherwise, an employer does not guarantee your right to work, and you are not guaranteed wages for time not worked. In short, you may be lucky to still have a job, and an employer is not bound to give you multiple drug tests or to provide wages or other benefits simply because you are sober now but missed an opportunity to work due to being caught using unlawful drugs.

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