Skip to main content
Ben Jay Cunningham

Ben Cunningham’s Answers

21 total

  • Im confused !!!!!!!!!

    This couple who claim to work for the IRS keep showing up at my home trying to serve papers for someone Ive never heard of before. They say her name comes up on my address but thats a lie. I and the person I bought the house from are the only owne...

    Ben’s Answer

    A business card and no "I.D."? It doesn't pass the smell test. You should consider reporting this to the authorities.

    To my knowledge, the IRS does not send people to your door to "serve papers".

    It sounds like a scam of some sort.

    (The foregoing is merely an opinion to a general question and is not intended as legal advice, nor does it suggest or establish any attorney-client relationship with the questioner)

    See question 
  • Dentist Error in Root Canal

    As the dentist didnt recommend antibiotics after the root canal traetment, I had to remove the tooth and have to get admitted in the hospital. As this is the carelessness of the surgeon on not recommending antibiotics, carelessness on watching ...

    Ben’s Answer

    You should consider seeking out a medical malpractice plaintiff's attorney in your jurisdiction and meeting with her/him to explain the facts in detail. Such an initial conference normally would be free. That lawyer, after reviewing the facts and applying the law, should be able to advise you on whether you have a case that is viable.

    See question 
  • Attorney at Small Claims Court Mediation

    I went to Small Claims Court today. The defendant identified himself as part owner of the company. However, his profiles reads:An attorney with a practice in technology and business law. He has served as counsel to a number of publicly traded corp...

    Ben’s Answer

    Obviously, the level of distrust is high in your situation. The object of mediation is not to fight in the adversarial sense, but to attempt to negotiate to see if enough of your interests and the other party's interests can be addressed in order to result in a settlement of the case to avoid the pitfalls, risks, and uncertainty of putting the matter in the hands of strangers to resolve. This did not work. And, generally speaking, the internal goings-on of mediations are confidential and do not become part of the adversarial proceeding before the court. Which means, in short, the parties (or their representatives) could not reach a rational agreement, which in turn means that the case proceeds to trial, which in turn means that the parties will have to live with whatever the decision of strangers might be to resolve the matter that the parties were unable, or unwilling, to own and resolve on their own.

    See question 
  • How can I report a lawyers misconduct? What is the best way to expose bad practices? I live in Florida. I appreciate your help.

    I paid for a lawyer in full. After the lawyer was paid the lawyer would not return my phone calls. The lawyer messed up life changing documents in regards to my case. Now the lawyer will not respond to me. The lawyer did not do their job, and I fe...

    Ben’s Answer

    Mr. Rose's answer is a good answer, and comports with the private answer I submitted to you regarding seeking a second opinion from an attorney in your jurisdiction.

    See question 
  • How can I report a lawyers misconduct? What is the best way to expose bad practices? I live in Florida. I appreciate your help.

    I paid for a lawyer in full. After the lawyer was paid the lawyer would not return my phone calls. The lawyer messed up life changing documents in regards to my case. Now the lawyer will not respond to me. The lawyer did not do their job, and I fe...

    Ben’s Answer

    If you have a grievance against an attorney you can file a grievance with the state's bar association. You would have to contact the Florida Bar (if the attorney is in Florida) and request the procedures for filing your grievance or complaint.

    This comment is general information only and not intended nor should it be contrued as legal advice or as any comment on the merits of your situation.

    See question 
  • Why don't the police do more about people setting off fireworks illegally?

    My neighbors were setting off fireworks until 3 in the morning. How come the police didn't come and stop them? I'm pretty sure fireworks are illegal here in Washington

    Ben’s Answer

    Did you call the police and request that they respond? If so, you might file a complaint with the department. If not, the point of your question might be lost in the fizzle and smoke of the fireworks about which you complain.

    See question 
  • Does a divorce mediation agreement have a statue of limitations in texas?

    My ex and I signed a mediation agreement and I gave him the house in lieu of my interest which was 6000.00 but he didn't pay me and he is still living in the house. My attorney said I cannot recieve my money because the statue of limitations is o...

    Ben’s Answer

    There are many issues raised by this question, and there are not enough facts to address the question comprehensively. You need to engage a Houston lawyer to look over this matter for you. If there was a written agreement (which meets the standards for being a contract), the statute of limitations would be four years. It is not clear whether the Judge you went to on the contempt matter made a determination of the validity of the contract and entered a judgment in that regard. I strongly suggest that you engage an attorney to review all the facts, documents, and court records to determine whether you have a case for breach of a settlement agreement. It is not clear whether you were represented by a lawyer in the mediation. If you were, you might want to have a separate lawyer review the case and potential parties.

    See question 
  • I have a eeoc discrimination and retaileration going into mediation. do i need a lawyer, for 8 month i suffered humiliation from

    employer and co-workers. Making me work more than others, not giving my the raise like everyone eles, am stuipud like all black people the humiliation goes on, ultimately one co-worker attacked so this a battery charge on him and i was fired 1 day...

    Ben’s Answer

    I believe that you do need legal counsel, given your description of your dispute. You need to find a good lawyer in Miami and discuss the case with her/him before you move forward in order to determine the strength of your case and the potential range of damages in the event your case has merit, and strategies for any possible settlement opportunity you might encounter.

    See question 
  • I previously asked a question re an SSDI claim - I got 2 nice replies but think I was not clear re the question.

    My friend applied for SSDI -- she is mentally challenged as well as physically disabled -- has severe lymphedema -- right arm and hand are basically useless. she did not have good help with the initial claim -- she did not have medical records --...

    Ben’s Answer

    I don't practice in California, but in Texas there are very good free programs through volunteer legal services that assign competent attorneys experienced in SS claims.

    I'd suggest you seek out the Santa Monica or L.A. version of non-profits who provide these services free for people who have been denied legitimate SS disability claims. My experience working on these cases pro-bono on behalf of VLS (Volunteer Legal Services) has been that with the proper presentation of the claim the claims are ultimately approved.

    I hope this helps.

    See question 
  • Business name - trademark

    Hi: I have couple of questions. 1) can I use someone elses business name that did business and no longer in business 2) They had a trademark and trademark is cancelled can I apply for the trademark, or even potentially use their logo? ...

    Ben’s Answer

    You probably need a lawyer in connection with this matter. Trademarks can be statutory or common law. A good place to begin your education on trademarks is the website for the U.S. government. There is much information there, and you will benefit from it. That said, you should really seek legal counsel in connection with this matter.

    Note: The foregoing is not intended does not consist of legal advice, only general information about the question posed. Nothing herein constitutes any suggestion of an attorney-client relationship.

    See question