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Paula Brown Sinclair

Paula Sinclair’s Answers

8,014 total


  • Can I request a refund for retainer fee. After lawyer dismisses them selfs from your case?

    Payed retainer fee in the middle of the month. So the first of the month wanted the payment and didn't sent notice. And the following month wanted another payment. So by now wanting $500 dollars. Half the first part of month and the other the seco...

    Paula’s Answer

    The answer depends entirely on the terms of your retainer agreement. Most regrettably, that term is defined differently from one attorney to the next.

    Your attorney has a right to be paid for services actually rendered at your request, and is obligated to account for that payment in terms of time and services.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Would an attorney take a case if the client wasn't like to achieve their expected results?

    I am in the process of consultation. I want to interview 2 attorneys on my case and 1 done thus far. If I am expected to pay premium for a super attorney firm, can I reasonably expect I will get the result I want? Would an attorney just take my mo...

    Paula’s Answer

    Repeat post. Please refer to earlier answer.

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  • Would an attorney take a case if the client wasn't likely to achieve their expected outcome for which they hired for?

    I am in the process of consultation. I want to interview 2 attorneys on my case and 1 done thus far. If I am expected to pay premium for a super attorney firm, can I reasonably expect I will get the result I want? Would an attorney just take my mo...

    Paula’s Answer

    No attorney can ethically guarantee an outcome, and the time to have the candid discussion about possible outcomes, applicable law, relevant facts and the whole host of non-legal consequences (especially true in family disputes) is before any retainer is paid. In my experience, disparity between client expectations and known reasonable outcomes makes working together impossible and too often results in claims against the attorney.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Need answers

    I relocate a year ago from NYC to PA. A notarized letter was signed between my ex husband and I agreeing to allow the kids and I to move out the state of NYC. Base on the agreement between him & I. He would get to see the kids 3 weekends out of t...

    Paula’s Answer

    While court clerks are not qualified to provide legal advice (and should refrain from doing so), and wise litigants would never rely on "advice: from a court clerk, this one may be close to correct. Much more information would be needed to know for sure, and that is what flesh-and-blood attorneys are for. Here on this public Q&A we can only provide general information about the law and legal procedure.

    The applicable rules here are pretty simple. All parties are expected to comply fully and voluntarily with an existing court order until it is changed. No "notarized letter" (whatever that is) changes a court order although it may be evidence of a party's agreement to a requested change. Whether a new court will take jurisdiction of the orders for the children's custody under the Uniform Child Custody and Jurisdiction and Enforcement Act depends on several factors, most notably how long the children have been residing at the
    present location.

    Regarding the conflict about what the children will be doing during the father's custodial time, beware that courts commonly have little patience for a parent that exerts control over the activities of the children as you have described; it is seen as custody interference.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Is there anyway to get removed as a co-signer on a loan? Person is making sporadic payments and we are no longer together.

    Person not making all payments, has missed some, close to having vehicle repossessed. I do not want to make payments, I do not have the vehicle. They do not have the credit worthiness to refinance in their own name. Can anything be done to protect...

    Paula’s Answer

    Here is the bad news and life lesson: the time to "protect" yourself was before signing and undertaking the obligation to guarantee payment. Creditors do not gratuitously release co-signers. Why should they? The whole purpose of a co-signer is to decrease the creditor's risk of loss. Of course, a co-signer can discharge the obligation in bankruptcy, but that is rarely an acceptable solution. If the co-signer is a named owner on the title, taking possession of the vehicle and selling it may be an option. The cost to you of both repossession and the "friend's" bankruptcy will be so great, attorney representation ASAP to take possession legally may be the least worst option.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Can my girlfriend take my kids away?

    Me, my girlfriend, and our kids all live together. If she leaves, can she just up and take my kids away from me?

    Paula’s Answer

    Much too much is missing here. If you were never married, and if you have failed to establish your paternity and parental rights, then you are a legal stranger to the children at present. Her maternity, on the other hand, is a biological reality. Even if she moves the children, prompt legal action may force her to return. A wise first step would be registering your claim to paternity with the Idaho Putative Father Registry. Additionally, representation by experienced family counsel will be essential to resolving your legal rights expeditiously.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Is it better to have a living will or a living trust? What is the difference?

    2 kids, aged 5 and 3. We have 401k, property and savings

    Paula’s Answer

    A living will is a statement of medical you want, or do not want, in extreme circumstances, and can be an important part of incapacity planning. A living trust is kind of contract for the transfer of property under stated circumstances, and is commonly used in California for estate planning purposes.

    For the assistance you need, retain the services is experienced estate planning or elder law counsel.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Is a chainge of venue a response to a devorce case?

    I filed for devorce in idaho state. The courts took my wife's paper work after her 20 day where up. 23 days after she was served she put in for a chainge of venue for a different state. She took off a little over 4 months ago with our 3 children a...

    Paula’s Answer

    This is not how the "change of venue" procedure works and, most respectfully if you did not apply for a default on Day 21, you are over your head in court procedure. Nothing short of retaining experienced Idaho family counsel will meet your needs, and it will be wise to do so immediately.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Does having custody of my minor children make it harder to qualify for SSI?

    If I have custody of my minor children, will it make it harder to qualify for SSI? What other things would make it harder to qualify?

    Paula’s Answer

    Supplemental Security Income (SSI) is a welfare program for the elderly and disabled. Eligibility requires age or a severe medical impairment plus little in income and assets. All household income is deemed available to the claimant, so child support received could affect eligibility. Also, the ability to care for children, especially infants, may indicate some ability to work.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Does anyone know how I can remove a question I previously posted on Avvo?

    Thanks!

    Paula’s Answer

    Contact Avvo customer service. ........................

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