Douglas A Thomas’s Answers

Douglas A Thomas

Centennial Lawsuit / Dispute Attorney.

Contributor Level 12
  1. I need to file a malpractice suit against my previous attorney. He filed an answer on my behalf and asked for a jury trial, but

    Answered over 2 years ago.

    1. Douglas A Thomas
    2. Christopher Daniel Leroi
    3. Robert John Murillo
    4. Stephen Clark Harkess
    4 lawyer answers

    To prevail in a legal malpractice action you must establish an error and that the error effected the outcome of the case and caused damages. You have multiple problems. First, it's not clear that the failure to request an jury trial is an error. Many would say this is simply a judgment call within an attorneys discretion. Unless you gave him explicit instructions this is simply a strategy call not an error. Moreover, you must be able to prove that a jury would have ruled differently than a...

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  2. My attorney left the firm and now I'm stuck with a person I do not care for, and it cost me $5,000 any recourse?

    Answered 23 days ago.

    1. Douglas A Thomas
    2. David Littman
    2 lawyer answers

    You can choose any attorney you want at any time. You could ask the firm your are with for another attorney or choose somebody else. You can find your old attorney and have the file transferred. It may be the former attorney was the problem since you refer to the document as "poorly written." Its hard to understand from your statement whether the fees you paid are the original fees or new fees. It also difficult to understand how the mediation agreement was poorly written as you seem to...

    8 lawyers agreed with this answer

  3. Do I need to hire a DUI attorney for a DUI case? Is it strange that an attorney is almost unknown on the internet?

    Answered about 1 year ago.

    1. John Lawrence Buckley
    2. Ann Toney
    3. Nicholas Lubchenco
    4. Anthony Michael Solis
    5. Ethan Patrick Meaney
    6. ···
    7 lawyer answers

    The fact that an attorney is "unknown on the internet" does not mean much. Sometimes attorneys with great skills and reputation do not need the internet and may not even need a webpage. What really matters is the skill level of the attorney, the knowledge and resources, and the experience. Some people prefer former DA's, some do not. It's purely a personal preference. The internet has its value for basic background searches and sites like AVVO also help sort through attorneys. But the...

    7 lawyers agreed with this answer

  4. Broken Femur Auto Accident, Not at Fault, Pain and Suffering?

    Answered over 2 years ago.

    1. Joseph Jonathan Brophy
    2. Douglas A Thomas
    3. Evan Singer Lipstein
    4. Andrew Daniel Myers
    5. James B Lapin
    6. ···
    8 lawyer answers

    Most policies do not have a wage loss component and therefore you must await a final settlement of your bodily injury claim before any payment is made. The physical damage to the car and the medical bills may be paid even before a final settlement. Typically, a final settlement would include your wage loss, disfigurement, future wage loss or permanent impairment and pain and suffering. There a many good personal injury attorneys who would help for a contingency fee. Some might offer an hourly...

    7 lawyers agreed with this answer

  5. What happens if I need to send a certified letter but the recipient won't get it from the post office?

    Answered over 1 year ago.

    1. Douglas A Thomas
    2. Cheryl Rivera Smith
    2 lawyer answers

    Ms. Smith's answer is dead on. Certified mail and regular mail is the only way to go. Nevertheless, it doesn't matter here. Generally speaking the letter is deemed to be served when the landlord refuses to accept it. There is case law to this effect which an attorney can help you find. Just make sure you sent the certified letter to the address stated in the lease. If you have sent it twice and he refused to pick it up twice, I wouldn't bother with more attempts. Just move forward with...

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  6. I just had a credit card judgement placed against me, my only income is SSD. How do I stop any garnish against checking a/c

    Answered almost 3 years ago.

    1. Douglas A Thomas
    2. Alan D. Walton
    3. Todd Joseph Mannis
    3 lawyer answers

    Make sure no other checks or money is deposited into your SSDI direct deposit account. As long as the funds are separated, that account cannot be garnished. I might even change the name on the account to reflect it is an SSDI deposit account. For Example, John Doe- SSDI account. This tells the entire world the account is hands off. Your bank also has a compliance officer who does nothing but deal with garnishments and other subpoenas. Find that person and make they know your account is an SSDI...

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  7. What should I consider when choosing a criminal defense attorney regarding charges stemming from a car accident and injuries?

    Answered over 1 year ago.

    1. Richard Waldron Bryans Jr.
    2. James Donald Garrett
    3. Anthony Michael Solis
    4. Douglas A Thomas
    5. Christian K. Lassen II
    5 lawyer answers

    To defend a criminal case you need a criminal defense attorney. You are calling it a "car accident" the police and district attorney are calling it something else like "vehicular assault" or something worse. Choose a criminal defense attorney wisely. Look for an attorney that has defended traffic matters, especially those who had defended cases similar to yours. Look for recent jury trial experience. Some prefer defense attorneys who have been former DA's but that is just a preference. I...

    6 lawyers agreed with this answer

  8. I have a subchapter S. Corporation which is owned 50% by my wife and 50% by me. Can a lein for personal credit debt be placed

    Answered over 2 years ago.

    1. Douglas A Thomas
    2. Christopher Daniel Leroi
    3. Stephen Clark Harkess
    4. Bryant Keith Martin
    4 lawyer answers

    Maybe, generally a Lien cannot be placed on the company for your personal debt, but that depends on the nature of the company property and the way the property is titled and the nature of the lien. For example, a judgment creditor could place a lien of real property. Any creditor can serve the company with a writ of garnishment for wages, distributions of other payments which the company may make to you. While the creditors could not impede or foreclose on the business, they could obtain a...

    6 lawyers agreed with this answer

  9. Is a contract legal if one party claims to be a LLC but is actually a DBA?

    Answered over 2 years ago.

    1. Douglas A Thomas
    2. Christopher Daniel Leroi
    3. David M. Rich
    4. Michael Charles Doland
    4 lawyer answers

    In contract law "illegality" is a term of art. The contract is "legal." The question is can the contract be enforced and against whom. Most likely the contract can be enforced against you. You signed it and seem to have the authority to sign it. Can you enforce the contract against them? Maybe. That depends on a number of factors, but most likely the contract remains in effect as long as the person signing on behalf of the LLC or the "DBA" has actual or appearent authority to bind the "real"...

    6 lawyers agreed with this answer

  10. Do any of you know Corkadel and Schneider, LLC

    Answered over 2 years ago.

    1. Douglas A Thomas
    1 lawyer answer

    It's doubtful that any attorney will comment on the skills of another attorney in a public forum like AVVO. Certainly no attorney would post anything negative. If you are concerned about an attorney, you can access any adverse public information at the office of attorney regulation website. You could also ask the attorneys you just hired for references and ask about their success rate. You could ask about the number of criminal jury trials and the outcomes. You could also ask about plea...

    6 lawyers agreed with this answer