Andrew Armour Magwood's Answers

Attorney Advertising and Professional Responsiblity

A non-lawyer may not solicit clients for lawyers in California in a manner that a lawyer is barred from doing. In other words, if I can not do what you suggest for myself, I cannot hire anyone else to do it either. I am not sure that the television-website-contact form is prohibited - I can run advertisements and ask people to check my website and communicate with me. The pricing issue becomes pretty sketchy though, and I am also worried about the nature of the solicitation. Before doing...

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Money found on floor of coffee bar

Well, the coffee bar has no greater right to it than the finder (you) unless it belonged to the coffee bar prior to being lost. If in doubt, go find a charity and give it away. Good luck.

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Can the car owner be held responsible when it was a friend that was driving the car and caused the accident

The short answer is - yes, you can sue her for the damage. But the problem will be the amount of recovery. How much was the car worth? That is all you can get. If you owed more than the car was worth (which is likely on a six year loan, which is probably why you had gap insurance) then your recovery would probably be a net of zero anyhow. Try to get what you can but realize that your damages are minimal. I am surprised that there was no injury since your car was totalled. Another option...

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I am a member of a 3 person LLC in the state of Colorado. Two members signed two promissory notes equal to over 80K.

You first need to know where this should be litigated - if at all. Possibly Federal Court, maybe California, maybe Colorado. Any lawyer should be able to figure this out - whether from California or Colorado. Good luck, and check with an attorney sooner rather than later. Lawsuits are not wine and cheese - these things don't ususally get better with age.

Inoperative vehicles

Really closely read your lease. (If you don't have a written lease, shame on you as a landlord.) There are many landlord-favorable clauses in form leases. Then, just follow the best one. Also, you may want to have a lawyer look at it for you. If there is a possibility of liability to you as a landlord, you should know that up front.

Can my employer reject my doctors request for a restriction on hours I work per day?

The short answer is maybe. In general, employment is between you and your employer. However, there are a number of statutes factored in. If you qualify for protection under the statutes, then you have a good chance that the employer would be obligated to honor the doctor's request. If not, you may be out of luck. Good luck with it, and you should check with a lawyer to find out your options. For instance, you don't explain what type of "medical leave" this was, and that would be very...

Three years ago my business partner left the partnership. Now he wants his "HALF" of the share? Can I sue him for leaving?

Sure. You can sue him for breach of the "agreement" that you have. It is also an excellent defense for you if he ever decides to sue you for "his half" of the business. I usually suggest that a good offense is the best defense, so you may want to get pro-active on this and contact a local business attorney - at least to discuss it. Good luck. AAM

If I have no US presence at all, how can a US court enforce a judgement on me?

It sounds like you are doing business in the US, and also in the individual states where your customers reside. That might be enough for a US court to find it does have jurisdiction over you in a case like you suggest. Now, you mentioned judgements and enforcement. That gets trickier and assumes that a US court has rendered a judgement against you. You say you are in the UK, which has treaties with US regarding the enforcement of judgments. So, it is possible to eventually enforce a judgment...

Does an attorney have to notify the other party that he is representing that party

Attorneys have an obligation of candor which means we must be open and forthright. As I understand your question you want to know if we must disclose to an adverse party that we represent the other party in the action. I think that depends on the circumstances. Obviously in order to make an appearance in court we have to notify all parties and if you were to speak to an attorney about your case they should disclose the representation for conflict of interest reasons. It sounds like there...

In regards to an agreement

Performance is required on your part to enforce the agreement. They are basically saying you did not perform therefore you can't enforce the terms of the agreement. If they are right then they do not have to give you notice because they are excused from doing so. If you really beleive that you are right (read your agreement thoroughly) then you might try small claims for the two weeks pay. Good luck with it.