Pamela Koslyn's Answers

A member leaves my band does he have rights to demand that any recordings of him not be used?

Your band apparently has an oral band partnership deal, and this is why it's always better to put things in writing, which I hope you do now with your current bandmates. Does you bandmate co-own the "master" sound recordings on your 1st album, and is the sound recording registered for copyright in the band's name? If so, then you owe this leaving member his agreed on share of the proceeds. Did your bandmate co-write the songs on that album and are the songs registered for copyright in...

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What constitutes malpractice? for an attorney?

Really, "we've all had bad lawyers"? I get that people resent people who are smarter then them, but I don't get lawyer bashing while asking for favors from all us horrible lawyers. Malrpactice doesn't mean "horrible," whatever you mean by that, or "lazy" (if you had any understanding about how rigorous law school is, and how stressful the practice of law can be, I don't think you'd say that). "Thieves" and "crooks" who actually steal money should be reported to the police or the State Bar....

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What is the best way to get a 'settlement' option from Disney?

See an employment litigator for help. Disney isn't known for settling with claimants, they're known for fighting everything. You definitely can't do this yourself, and as I've previously responded, the EEOC isn't likely to be able to force Disney to do much either. I'm not even sure this is an employment case, because you mention surveillance and you categorized this under "personal injury," so you might not have even done your EEOC complaint properly.

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Why a request for a written settlement offer?

You're pro per, so you're acting as a lawyer here, and you're the only one who's able to send them a demand. Don't worry about blackmail or protocol. Here's one thing that's unique about a written offer in CA: CA lawyers are REQUIRED by our ethical rules to transmit written settlement offers to our clients, but we don't need to transmit oral offers. I'm guessing this bank's lawyer wants you to commit in writing to something so he can show his client what you want, as well as to force you to...

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Tips on contract for Psychic consultations

If you're going to have full disclosure, you'd get all your "clients" to admit that there's no such thing as a "psychic," you have no ability to foresee the future, you cannot guarantee any predictions in whole or part, and your services are for entertainment value only. I realize you may not want to state all this, so you could hire a lawyer to draft a disclaimer that's long and legal enough for none of your customers, who desperately want to believe that there is such a thing as a...

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Do we have a legal malpractice case against our patent attorney if he failed to timely file our patent application?

Any legal malpractice case requires a "trial within a trial," meaning the underlying case has to proved to be a winner if you want to be able to hold the attorney that screwed it up liable for screwing it up. So what's crucial here is that the missed deadline was only "in large part" the reason for rejection by the USPTO. The state of the law on business patents is in flux due to the Bilski caase and its progeny, so this is not a easy question with an easy answer. Don't wait to see a...

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Car accident exceeds my insurance limit, but other party's car repair amount seems too much

If it's your fault, then you're liable for all damages proximately caused in this accident, including the other driver's rental charges and repair costs. Yes, they spent more than you did, because they weren't paying for it, and maybe they had a more expensive car with more expensive parts and labor. Did you report this to your insuranace company, so they could hire you a lawyer to defend you?You have a duty to do this ASAP after the accident, and they have a duty to defend you and can...

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Big sanctions...

I'd require your lawyer to pay these sanctions, since this was entirely her fault, which she should have told the judge when opposing the motion. Does your fee agreement address who's responsible for sanctions? You shouldn't have to file for bankrupcty protection over this, but if this isn't your only debt and you don't think you can pay off your existing debts within 5 years, then you should consult a bankrupcty lawyer.

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What debt am I liable for if we dissolve our CA LLC?

What a mess. Personal debts don't get "transferred" to the company, so this never should have happened -what if anything did the company get in exchange for taking on this debt, an IOU? Why would you buy into a company that took on someone else's debt? This premise defies logic and no company would ever do this, since it's a breach of fiduciary duty to the LLC and to you as owner of the LLC. You need a lawyer ASAP to address this inequity.

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Intellectual Property

Are you asking about a judgment creditor, seeking to reach a judgment debtor's IP, or a judgment debtor seeking to protect the IP from the jdugment creditor? My colleagues have answered the former question, and I'd add that filing a UCC statement creating a secured interest in the intangible property also enables a judgment creditor to reach it in the right circumstances. As for the 2nd question, the IP could possibly be placed in a trust, or possibly sold or assigned, although the...

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