The fees for the trial transcript were paid when the motion of a new trial was filed. The motion was denied. Now considering an appeal. Is there any additional fees need to be paid for the trial transcript again if the appeal would be filed?
I am not sure I understand your question. But basically if you have paid for testimony already once you shouldn't in most cases have to pay that fee for the same transcript again (unless you needed an "official" transcript that has never been oppened for example). If it is new testimony not yet paid for then you would likely have to pay for it.
Never hurts to talk to the reporter and let them know your situtaton and ask if they can work with you on the fee. Best of luck either way.
Matthew Paul KrupnickSee question
Both my spouse and I are represented in a divorce. My spouse is being difficult and my attorney is refusing to document the bad conduct in a letter to opposing counsel, with the excuse that he is trying to maintain an amicable relationship with op...
That is a very good question. I do not know of law directly on point for this, or perhaps it is just not something I have ever run into in practice. Based on the basic Rules of Professional Conduct and Local Rules for Los Angeles County, I think the answer is fairly simple. Yes, I believe you are able to send the letter to opposing counsel. The trickier answer is whether opposing counsel can or should respond to you or your attorney at all. However, for purposes of documenting what is taking place, your solution is better than total silence. And if you send to your lawyer and opposing counsel, you will likely FORCE a dialog between the two lawyers whether they like it or not. I actually think your idea is a good one personally. Other attorneys may disagree. I would like to review your file and prior correspondence between counsel, as well as know who your judge is and what court you are in.
In addition, you may want to write a letter first to your attorney advising him clearly that you disagree with his silence and the grounds he has given you. I would advise him that you are going to have no choice but to send your own letter (perhaps send a draft or copy of it with this letter to show what you intend to send) to make a record of what is going on as you do not want the case damaged or your position weakened based on the attorney's quest to make new friends in his practice. You could give a short period to respond and advise that your letter will go out within a certain time frame if you don't receive a response from your attorney ensuring that an appropriate course of action will be taken in a time frame agreeable to you. Then if no response, you can send your letter and have a sense of relief in knowing you did all you could do to simply have the facts documented by counsel, or if not, show why you had to do what you did when all else failed.
Matthew Paul Krupnick, Esq.See question
My understanding is that price discrimination is frequently legal when justified by market segment or bulk discounts or on another basis. I've never heard complaints about Home Depot giving veterans a ten-percent discount or Metropolitan Theaters...
Unfortunately, this is what comes with living in a "free country". They can charge what they want, and you can decide to not give them a penny. Doesn't sound like any Civil Rights were violated here. But best of luck to you.
I was let go from my job for performance a month ago. I do not agree with the reason because I feel as if it was more discrimination because I'm a female. I am a financial aid director and was never written up about any aspect of my job that neede...
The short answer: yes. Of course. The tougher question is will you prevail... My colleagues have provided great information to address that issue. Best of luck.See question
I work for 99 cent store As a cashier an the morning and my mom works evening shift for 2 years. We got new manger and she brought a guy that she is in a relationship with him and made him a 3rd manager. One day he was doing cash out and he touch...
If what you say is true, you have a potentially excellent case against your employer for sexual harassment, negligence, negligent hiring, training and retention, ratification, intentional and negligent infliction of emotional distress and more. Act fast. Don't delay. Document as much as possible and continue to make written complaints. Finally, contact a lawyer asap who handles these types of cases. They are never easy, but if handled right can be very serious and large value cases.
Matthew Paul Krupnick
There are 28 plantiffs Who settled for $250,000.
My colleagues are correct in that the answer lies in the retainer agreement. If it was a contingency fee arrangement, then the attorney is entitled to the agreed percentage from each plaintiffs' settlement. Each plaintiff technically had their own individual case even though they all shared the same lawyer (and hopefully all signed conflict of interest waivers). So the lawyer will likely get the portion he or she is entitled to per the retainer agreement (often 33% or 40%, depending on when in the process it settled.) from each individual plaintiff, unless the retainer provided otherwise. Perhaps there was a reduced fee due to the large number of clients in that case. Also, the amount you stated, was that for each plaintiff or a global amount to be shared by all of them?
Feel free to follow up with me at matthew@topLAlawyers.com.
Matthew KrupnickSee question
This is a dissolution of marriage agreed on August 8 the motion was filed on August 26th the judge hadn't signed the dissolution they agreed on my offer so I want the motion to set dismissed also there's a court date will that be cancelled and s...
I am not sure what motion you are speaking about and need more information to give a meaningful response. However, if you filed the lawsuit, generally you as the plaintiff or petitioner have the ability to file a request for a dismissal of the action. However if you have reached a written agreement with the other side I would not do anything to violate it.
Finally, once a case is dismissed it generally would result in all future hearings coming off calendar.
Happy to provide more info if you can provide more detail.
I lost the case. Is there anything I can do my lawyer won't appeal. I have witnesses that will say the home owners tried to get them to lie about the attack. also the friends I heard this from said the home owner laughed talking about my case, sa...
Unfortunately, it sounds as though you had some great issues to raise during trial or in a motion for new trial or appeal. However, if the time has passed to bring any such remedy, then I'm afraid your only recourse would be to possibly sue your attorney you feels strongly that he/she did or did not do something tantamount to negligence that caused you to lose your case (or prevented you from prevailing). Legal malpractice suits are no only governed by a short statute of limitations generally, but they are very difficult to win in most cases. You could also consider bringing new causes of action or a different lawsuit against the people who you believe committed illegal acts in bribing jurors or witnesses, or otherwise suborning perjury. You could also bring cases against those who took the offer or bribe to do so. You still have some options, but I would get with a great and aggressive litigation / trial attorney immediately to explore all of your options. Sorry to hear this happened to you.See question
I loaned money to someone and i don't.have a promissory note but do have a schedule of the loans and payments made. She has had a stroke and her.children are now in charge of her money. They refuse to pay anything. What action can i take to rec...
You first try to negotiate with them... perhaps have a lawyer write a stern letter. If that fails, make sure you are within the statute of limitations, then SUE THEM.