Lynne D Shelton's Answers

Dear Sir, I had a lawyer offering his service free in a cemetery case # 153,767-C Andrew Roberts & Mary Smith, Wichita County

All lawyers in Texas have an obligation to maintain a high standard of ethical conduct toward their client and others. To enforce this standard, the State Bar of Texas investigates and prosecutes complaints of professional misconduct against attorneys licensed in Texas, pursuant to the TRDP as promulgated by the Supreme Court of Texas. You can look up answers on how to file a grievance at the State Bar of Texas website, www.texasbar.com and then click on the left hand link that states "...

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My business partner has been stealing

Your business partner has a fuduiciary duty to you as a business partner. I would suggest contacting a business attorney immediately. He could be liable to you for conversion as well. DISCLAIMER—This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship.

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Business contract and franchise question

I agree with my colleagues; however another important aspect to remember is that you will probably want to stay away from a business opportunity setup if possible as well. Business Opportunity's are like Franchise systems in the regards that there are many states that require registration and some states also require approval, such as California, prior to selling the business opportunity. What you have described does not sould like a franchise; however, it could be setup to be one if you...

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Wrongful Termination/Slander

Slander is defined as : an oral defamation, in which someone tells one or more persons an untruth about another which untruth will harm the reputation of the person defamed. Slander is a civil wrong and can be the basis for a lawsuit. Damages for slander may be limited to actual (special) damages unless there is malicious intent, since such damages are usually difficult to specify and harder to prove. Some statements such as an untrue accusation of having committed a crime, having a loathsome...

What kind of lawyer deals with the rights of mental patients?

I would look for an attorney in Healthcare or Disability law. In Texas you can search for an attorney by visiting www.TexasBar.com DISCLAIMER—This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship.

Patents on already existing products

It is hard to give a clear and concise answer to this question with the limited information you have given. However, like my esteemed colleagues before, I concur with some of their ideas. I would suggest negotiating with the patent holder for an exclusive licensing agreement within the scope that you are interested in selling within. Once you have the licensing rights needed, start with a state trademark then apply for a federal trademark to start your common law trademark rights. Then...

If you sign rights over on a child do you have to pay child support

Typically no. However, you should contact a local North Carolina attorney to advise you of all of the rights you will be giving up, including visitation and the ability to share heritage items with your minor child. DISCLAIMER—This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship.

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LLC Liability and Fraud?

Huge problems with Securities law. Based upon your facts, the investors should sue in hopes of a rescission or return of their investments. The members can also contact the Attorney General Securities division for additional assistance. DISCLAIMER—This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship.

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Can my local franchise advertise on my website without having to jump through hoops?

The Franchise Agreement that was signed by each franchisee will depict what they can or cannot due in regards to local advertising. This information can be found within the Franchise Disclosure Document, Item 11 as well. You can sometimes find this information posted on state registration sites or their corporate website. An easier way to find out is just to ask the owner of each location.

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Can one business opt not to do business with another because a competitor requests exclusivity

My first question would be regarding contractual relationships. Does you company have a supplier contract with the smaller reseller? If so, the terms of that contract would determine whether you could legally quit selling to that company at this time. If there is no supplier contract in place, then you probably can give an exclusivity to the larger company.

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