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John A. Stahmer

John Stahmer’s Answers

13 total


  • Intrest of the client

    What does the term adverse to the client define? How can you tell if your attorney is acting in that capacity ?

    John’s Answer

    I agree with the answers which were provided by the other Lawyers.

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  • What qualifies a lawyer as being uethical and possibly to be disbarred?

    Ive had problems with a lawyer lately that is beginning to cost me hundreds and potentially jeopardizing my credit score due to his lies and manipulative habits. To sue seems laughable when i think of it logically. But knowing that i am not the on...

    John’s Answer

    This is a very general question. More detail should be provided.

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  • My HOA is not compyling with any request I make. They will not return calls, they will not even take my calls regarding the

    neighbors tree branches on my garage roof. The damage this will cause is not covered by insurance. I originally contacted them on 8/10/12. Please advise what should I do?

    John’s Answer

    I had a real interesting thing happen in my career involving HOA's. I was the deputy director of a state agency and we were charged to act as the agency who handled HOA disputes. The regulatory law was later found unconstitutional. This means that as the other attorney said you better hire a real estate attorney in your area I don't think you have any other recourse.

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  • Are severance packages negotiable?

    I was laid off from my job and was told that my position was being eliminated. At first, my employer tried to get me to sign a resignation form stating i was voluntarily quitting. After i would not sign they finally offered me a severance package ...

    John’s Answer

    Almost everything is negotiable

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  • What is the statue of limitations for filing a lawsuit against a medical group for negligence?

    My grandmother had regular medical and checkups through Kaiser where she complained about numerous symptom's. She was always told it was all in her head and nothing was wrong. ( We have obtained her medical records as proof. ) Taking her to the ER...

    John’s Answer

    In CA the statute of limitations for medical malpractice is three years.

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  • My employer released my SSN and other info without my permission. Can I sue them?

    My division was sold to a new company, and I was being garnished by the Dept. of Education. The court order only applies to my previous employer, but my new employer contacted the Dept. of Education, gave them my SSN and other identifying informat...

    John’s Answer

    It is very likely the new company had an affirmative duty to report. Like the previous poster I don't see significant enough damages for a claim to result.

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  • What are other possible or typical career paths for someone who's earned a J.D. degree but doesn't want to be an attorney?

    I'm a law school student. I love learning about the law and do well in my classes, but for various reasons I'm turned off by the responsibilities of dealing with clients, & drafting briefs is boring. Moreover, while I have no criminal record an...

    John’s Answer

    First take the bar. I am sure you will be able to get over the moral issues more easily then you may think. Secondly, I believe it is going to be much more difficult for you to get a job outside of the legal profession then some others believe. Personally, I found this to be the case. I went to a solid ABA accredited law school in the Midwest. The ability to point to my law school degree was nice bc it gave me a stamp of approval of being intelligent. However, it did not give me the skills to point to which many of the employers were specifically pointing to. I have found in the job market today many employers are looking for a very specific skill set. In order for me to get the job I wanted I had to go back to school where I earned a Masters in Finance. However, I made the horrible mistake of working for a Governor eventually becoming appointed which was a great honor but also meant that after a new governor came in my appointment no longer existed. Again, I went looking for a job with a JD from an accredited school a member of the bar in good standing, a Masters in Finance and being the youngest appointed employee in the state I was in. I was not able to get a job. I contacted over one thousand perspective employers meeting with many of them. I was still unable to get a job. Eventually, I started to run low on money so I started taking court appointed cases. I did this for about a year and a half before confirming what I already knew at which time I joined a start up working with social media. Even then since I was a lawyer much of the work which I have done has been legal work. I put together a CLE class on the ethical use of Social Media, I researched and blog about many of the relevant Social Media issues in the law, ext, ext. So what I am saying is even when I went to work in a different field much of the work I did was legal related. I have now gotten to the point where I have established myself as an expert in a different field but it has taken me years. If you think you would be interested in working in Social Media for Lawyers I would encourage you to contact me. However, even to me without a bar you would be much less valuable. My best suggestion would be to try to find an area of the law which would be most appealing to you and work in that area. No matter the field of work if you find the subject matter fascinating the work will be much more fun even if it is in the law.

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  • Can I get an extension to finish my community service at my review hearing?

    I was given a deferred prosecution on a felony identity theft charge. First time charge and I have stayed out of trouble since. I have paid all of the restitution. My stump is that I have only completed just over half of my community service (was ...

    John’s Answer

    Often if you show a good faith effort you can receive an extension to complete your community service.

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  • Got a job offer but starting depends on passing criminal background check. Will domestic battery charges cause me to lose job?

    Charged with Domestic Battery. Conviction pending result of trial. Got a job offer but starting depends on passing criminal background check. Position is in corporate offices (i.e. salaried office/professional staff)? What is the best way and quic...

    John’s Answer

    It depends on the employer. It is much better to be upfront and be honest with your future employer then it is to attempt to hide it. My experience has shown me it is much more damaging to not provide disclosure.

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  • Can i get alimony ?

    My husband and I are two months away from being married for eight years. He wants a divorce and is leaving me with our house. He is the bread winner of the family but doesn't want to pay me alimony. I'm not asking for anything crazy just to spli...

    John’s Answer

    Currently, Spousal Maintenance awards are granted pursuant to Wisconsin Statutes Case 767.26. Under this law the courts are guided by ten factors that should be considered in determining a spousal maintenance award. The factors include:
    • The length of the marriage.
    • The age and physical and emotional health of the parties.
    • The division of property made in the divorce.
    • The educational level of each party at the time of marriage and at the time the action is commenced.
    • The earning capacity of the party seeking maintenance, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment.
    • The feasibility that the party seeking maintenance can be-come self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, and, if so, the length of time necessary to achieve this goal.
    • The tax consequences to each party.
    • Any mutual agreement made by the parties before or during the marriage, according to the terms of which one party has made financial or service contributions to the other with the expectation of reciprocation or other compensation in the future, where such repayment has not been made, or any mutual agreement made by the parties before or during the marriage concerning any arrangement for the financial support of the parties.
    • The contribution by one party to the education, training or increased earning power of the other.
    • Such other factors as the court may in each individual case determine to be relevant.

    This answer was taken directly from http://www.divorcesource.com/ds/wisconsin/wisconsin-s-alimony-laws-2904.shtml

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