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George Leo Hampton IV
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George Hampton’s Answers

7 total

  • I need more time to answer interrogatories in U.S Distrinct Court, do I file with the Court requesting an extension of time?

    I have 30 days of service to answer several interrogatories pursuant to Rule 33 of the Federal Rules of Civil Procedure; however, the other party did not submit all documentation requested. Since the other party has not production most of the doc...

    George’s Answer

    Your natural intuition is correct. As long as there are no impending court deadlines like a trial date or the last day on which to file motions, parties in litigation routinely request and obtain extensions of time in which to respond to discovery. If your opponent agrees, make sure the extension is documented between you and the opposing attorney in a letter or e-mail to avoid any confusion. If your opponent will not agree you can file a motion for a protective order pursuant to Rule 26 of the Federal Rules of Civil Procedure. Because motion practice in Federal court can be difficult unless you hire a lawyer, the easiest route may be to just respond to the interrogatories may stating you cannot yet answer the interrogatories because you don't yet have the information necessary to answer them. Remember you have a duty to disclose all information in your possession, custody or control and, because you are in Federal Court, you have a continuing duty to supplement your responses when you do have the necessary information. Because the failure to respond to discovery may have serious consequences you should consult with a lawyer about the specific details of your case.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • Is there an attorney who will take this case on a contingency basis?

    I was sued by my ex-employer for a possible breach of confidentiality agreement. They are accusing me of possible divulging of company information or wanting to divulge confidential information,despite not having any information in my possession. ...

    George’s Answer

    A contingency fee is generally defined as a fee that is payable only if the outcome is successful. In other words, the lawyer will only be paid if you recover damages from your employer. Because it is unclear whether you may have a claim against your employer, it is difficult to evaluate whether a contingency fee arrangement would be acceptable. Unfortunately, in the absence of a possible claim against your employer a contingency fee is not a realistic option. .

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • Is this still forgery?

    Are people allowed to let others sign important legal documents for them if they give written notice that a specific person has been given authority to do so? For example, can I write a statement to the effect that I am granting my daughter the ri...

    George’s Answer

    Whether your daughter will be allowed to sign a document on your behalf depends on the nature on the document. In California "forgery" is a crime where one person signs someone else's name without authorization or recreates someone's signature without their prior approval. Because you have given your daughter your approval to sign your name her doing so is likely not "forgery." Whether your daughter's signature for you is legally binding is a different question.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • Is it possible to challenge the terms of a deposition?

    I am to be deposed in a case in which I am not a party. I am being asked to submit quite a bit of documentation which I do not believe is relevant to the case. Is there any way to challenge the production of documents which I do not believe to b...

    George’s Answer

    The three day rule for a party to object to a deposition notice generally does not apply to a non-party witness served with a deposition subpoena. CCP section 1987.1 provides that a witness may file a motion to quash or modify a subpoena or seek the entry of a protective order. Alternatively, a witness may simply wait until the deposition and raise objections at that time to the form or content of the subpoena, or to demands for production of privileged documents, etc. See Monarch Heathcare v. Sup. Ct. 78 Cal.App.4th 1282, 1290 (2000). However, because disobedience with a subpoena may be punished by contempt or monetary sanctions you should consult with an attorney before refusing to comply with the subpoena.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • Can commercial landlord charge tenants for legal fees because they lost against tenants?

    A group of tenants in a commercial plaza file a lawsuit against the landlord for unfair CAM charges. For me, my rent was $2000, but CAM charges went to $1100. There were discrepancies with statements. Ex. upkeep and gardening (there are only 10 b...

    George’s Answer

    The answer to your question depends on your lease. Most leases contain a provision dealing with how attorney's fees are to be awarded in the event of a lawsuit. Although typically only the prevailing party may recover attorney's fees, the language used in your lease may change this. Additionally, which party is the "prevailing" party for the purpose of awarding attorney's fees depends on the nature of the lawsuit and is often the subject of dispute when the issue of attorney's fees is litigated. Becauase there may be other lease provisions and facts which bear on this analysis, you should discuss the specifics of your case with a lawyer.

    DISCLAIMER: This answer is for general informational purposes only and is not intended to create an attorney/client relationship. A more detailed factual analysis and a review of applicable law could result in a different response. Anyone seeking legal advice should always consult with retained legal counsel for a full evaluation of his or her claims.

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  • How do I know if my lawyer deposited the advanced payment to client's trust account or not?

    In terms of getting back the fees I paid in advance, someone advised that it matters where the attorney deposited the money.

    George’s Answer

    Your ability to obtain a refund of the "fees" you paid in advance depends on your written fee agreement and the purpose for which the fees were paid. If the fee agreement provides that any retainer is earned upon receipt your ability to obtain a refund may be more difficult than if you paid fees in advance for work to be done in the future. If the retainer was earned upon receipt, the funds were probably deposited in your attorney's operating account. If the fees were paid as an advance deposit for future work, your attorney was required to deposit them in his client trust account. In any event, your lawyer should provide you with an accounting of all fees paid.

    If your issue is not resolved to your satisfaction, you should seek the advice of an attorney.

    DISCLAIMER: This answer is for general informational purposes only and is not intended to create an attorney/client relationship. A more detailed factual analysis and a review of applicable law could result in a different response. Anyone seeking legal advice should always consult with retained legal counsel for a full evaluation of his or her claims.

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  • What is the civil code which states that a reply to a summons must be personally received by other party within 30 days?

    Derfendant's mailed & filed answer to summons 1 day before 30/day deadline. Answer was received 4 days after mailing. So a default was taken on the 31st day against the Defs. Defs are saying that they filed the answer within 30 days at court & tha...

    George’s Answer

    There is no requirement that an answer filed by a defendant be received by a plaintiff within 30 days. The only requirement is that it be filed with the court 30 days after service of the summons and complaint. The time period for responding may also depend on how the summons and complaint were served, where the person served resides and the type of action. Courts generally prefer to decide cases on the merits rather than on technicalities. You should consult with a lawyer to discuss the specifics of your case.

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