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S. Jay Young
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S. Young’s Answers

25 total

  • Who pays arbitrators fee, in legal malpractice case, where fee agreement silent on cost of arbitrators ?

    There is a arbitration clause in fee agreement concerning attorney malpractice. The agreement calls for three arbitrators to hear any malpractice claim. The agreement is silent as to who pays the arbitrators cost. Does the cost fall on the attorne...

    S.’s Answer

    Typically, where an agreement is silent, the parties bear the cost equally, but the prevailing party may claim those fees paid as part of their damages and ask the arbitrator to require reimbursement from the losing party.

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  • Can a judge "order" arbitration if one of the parties does not want it?

    Section 1 of the Uniform Arbitration Act of Illinois is clear that both parties must have agreement... but then I have heard the term "mandatory arbitration" so I think that only applies to labor law but I am wondering if you have a "money owed" t...

    S.’s Answer

    Most often, arbitration is only required if you voluntarily contracted to have your disputes heard by arbitration. There are certain areas of law and jurisdictions which require arbitration regardless of whether you have agreed to arbitrate. In all of the circumstances above, a judge may order you to participate in an arbitration. In very rare circumstances, where others are party to a contract where they agreed to have their disputes heard by arbitration, a person/entity not a party to that agreement could be ordered to participate in the arbitration. Again, that is a rare occasion, though.

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  • Will an arbitrator try to appease everyone or go by the letter of the law? Not sure whether to tough it out or make an offer.

    I have a contract to build a $1M commercial office for a non-profit organization in NJ. I collected a 25% deposit. The contract explicitly states it is a NON-REFUNDABLE DEPOSIT. In fact, the CEO actually initialed next to it. I spent hundreds ...

    S.’s Answer

    It very well could cost that or more to fight the matter. Even though you may feel there is no ambiguity or wiggle room in the contract, a party wishing to avoid losing $250,000 can be plenty creative and find a way to muddy the waters. Without actually reviewing the contract itself, I would have to yield to counsel who has reviewed it and may know something of the temperament of opposing party/counsel to fight the matter. Your advantage will be that you are holding the money. Best of luck to you.

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  • If the Judge gives you a date before your court date to file answer to a motion and you what until after the date Can it be used

    I filed a motion because my child father have been will holding my visitation that the judge order him to follow ....She give him a date to have the answer to my motion done by but he did it after the date...I just wanna know can he still use the ...

    S.’s Answer

    Possibly. Some courts will disregard a late-filed pleading, but most will prefer to hear the matter on its merits. Consult your local rules to determine how the court should treat the matter. If you have an opportunity to file a reply brief, I would certainly highlight the late filing and, if appropriate, move to strike the same and ask the court for an order granting your motion.

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  • I am 17 and I live with my boyfriend. Can I be put on the lease for our apartment

    I have lived with my boyfriend since I have barley turned 17. I'm almost 18. I understand that I can't be put on a lease myself because of my age. But my mother knows I live with him. She's tried to have a letter noterized saying so as well the la...

    S.’s Answer

    I assume by "put on" the lease, you mean are you legally able to sign a lease and be legally responsible to the landlord for the rent. The answer to that question is no. The landlord is right to be cautious here, as you could potentially stiff the landlord based on the fact that you are a minor.

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  • Is it possible to have default judgement removed from public records, no attempts to collect,and beyond statute of limitations?

    Civil default judgement on an intentional tort.

    S.’s Answer

    • Selected as best answer

    Possibly. A judgment must be renewed every 6 years. If it isn't renewed, it cannot be collected on. If a default judgment was obtained against you and it was obtained more than 6 months ago, you may not be able to get the judgment set aside unless you can prove that it was obtained through fraud. You should have competent counsel review the judgment.

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  • I am a contractor I won arbitration, how do I go about collecting what is owed to me. What paper work do I need to file?

    I won in arbitration, I am a contractor and I had a shady customer who i helped get a loan, after I got the loan and helped them with plans, they tried to get of of contract, i wont the arbitration and would like to know how do I go about filing t...

    S.’s Answer

    I would first query whether the other side will pay without you having to take other steps. If not, there is a procedure. The Federal Arbitration Act, 9 U.S.C. §§ 1–16 (2000), as well as laws in all 50 states allow for an award at arbitration to be "confirmed." The FAA is drafted in such a way that a "confirmation" is a summary proceeding, where your local court (unless the arbitration clause of the contract which required arbitration requires a particular court) merely plays an administrative role to recognize that you entered into an arbitration and obtained an award, which the court will recognize and therefore issue a judgment on the basis of the Award. Once you have a judgment, you may pursue collections based on efforts to seize assets and/or wages, etc.

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  • How can a lawyer help me collect on a small claims judgment....what is the next step to collect at least some of my money back?

    I have been awarded a judgment for $8,000 on a past boyfriend mostly for breach of contract. I do not have a current address ,telephone number or know where he works now since we are know longer in contact. I would like to recover as much as possi...

    S.’s Answer

    I agree with Mr. Levine that an investigator may be necessary. Have you tried to find him through free methods on the internet (social media), by contacting family members or friends? Once you find him, if he is not in the same state where you obtained the judgment, you will need to domesticate the judgment into the new state (ask the court in the state where he lives to recognize the judgment), then attach his wages or other assets. Best of luck!

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  • My lawyers wants to withdraw 2 days before court arbitration but still wants to get paid?

    Long story short, I have never signed a single paper or contract with this lawyer. He has been on my case against a large corporation for about 2 or 3 months. He originally told me this would cost me nothing and his fees would be added onto the am...

    S.’s Answer

    Yes, he can sue. Regardless of whether you reduced your agreement in writing, you did have an agreement that he would represent you for a fee. Oral agreements are just as enforceable as a written agreement. They are just harder to prove. The question will be what the parties agreed to as to how and/or when the fee would be paid.

    As to what you can do, you seem to be asking two questions: What can you do about the attorney and what can you do about the lawsuit? As to the lawsuit, you may object to the withdrawal and ask the arbitrator for a continuance allowing you time to find other counsel. As to your attorney, you should scour through your email or other correspondence with this counsel to see if you have mentioned the arrangement in any contemporaneous writing that may be good proof of your agreement. Especially important will be any indication of how the attorney would be paid in case of termination.

    If he is blocking your ability to prosecute your case through his lack of cooperation with you, he may be in violation of ethical cannons as well. Regardless, your state bar organization may have a fee dispute process which you may use to resolve the matter without having to sue your own attorney. Best wishes!

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