Robert M Lorey’s Answers

Robert M Lorey

Portland Car / Auto Accident Lawyer.

Contributor Level 12
  1. When a case has become inactive an the clerk files for dismissal, what does that mean?

    Answered over 1 year ago.

    1. Shawn B Alexander
    2. Robert M Lorey
    3. Daniel Knight Dinneen
    3 lawyer answers

    I concur with Mr. Alexander in that the proper procedure to avoid dismissal is to file a status report with the Clerk's Office. The underlying issue of your question however, is not as straightforward. All the Orders from the Court remain in effect and can be enforced by the full power of the Court. If you have been directed by the Court to do a certain thing, you are under a continuing duty to comply, or your non-compliance can be punished (ultimately) by contempt of Court. If you have...

    3 lawyers agreed with this answer

  2. How can I get my money back from a traffic attorney who didn't win my case?

    Answered over 1 year ago.

    1. Thuong-Tri Nguyen
    2. Bradley G Barshis
    3. Robert M Lorey
    4. Jessica Lorene Campbell
    4 lawyer answers

    This is something of a sticky wicket in that it is unethical and potentially illegal to take a criminal case on contingency (i.e.: no fee if you don't win). Thus, the "money back guarantee" does not mean what you seem to think it means. I would suggest sitting down with your attorney and discussing the fee agreement in a calm and professional manner. He or she will understand that you are upset -- it is perfectly natural and understandable that you are upset. However, some discussion about...

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  3. What recourse does a physicians office have when the insurance company sends the patient the check, and they cash it?

    Answered over 1 year ago.

    1. Robert M Lorey
    2. Adam Kielich
    3. Shawn B Alexander
    3 lawyer answers

    You don't supply sufficient facts to determine the answer with any specificity, but in general you would have two options. First, depending on the terms and conditions of your agreement with the patient, you could pursue the patient in Court for payment for services rendered (and any additional fees or charges permitted under the agreement). This might be something which your company could do by itself, but more likely your company would need to retain counsel to represent it in Court....

    3 lawyers agreed with this answer

  4. If you are on school grounds and your car gets hit by another student, do their insurance company pay for your damage?

    Answered over 1 year ago.

    1. Robert M Lorey
    2. Elizabeth Taylor Herd
    3. Tanya Marie Bachand
    4. Scott J. Corwin
    5. Christian K. Lassen II
    5 lawyer answers

    There are many details needed for a complete review of any legal question, so the answer will be somewhat general. Generally speaking, yes. The place of the accident does not normally affect the substantive rights of the persons involved in the accident. Simply because an accident occurs on school grounds does not, in and of itself, change standard negligence law. Thus, if the other person was negligent in causing the accident, that other person would be responsible for the damage caused...

    3 lawyers agreed with this answer

  5. How to restore my business reputation after wrongful arrest for theft

    Answered over 1 year ago.

    1. Robert M Lorey
    1 lawyer answer

    Well, you have several issues in your question and very little detail to go on..... You don't say who put you on the "do not buy" list. Whoever put you on the list is the person(s) you need to talk to to get your name removed from that "do not buy" list. As to your reputation, in theory your reputation was restored by having the charges dismissed. I know this is not the same, but that is the law. As to an apology, you don't say who you want an apology from. Whoever sent the police...

    3 lawyers agreed with this answer

  6. Is it a fraud when the former husband presents an application of insurance, instead of the policy? What action can I take?

    Answered over 1 year ago.

    1. Robert M Lorey
    2. David J. McCormick
    3. Michael R Crosner
    3 lawyer answers

    Assuming that you don't have an attorney, you could try to write to the company directly -- not to the agent who sold the policy (or accpeted teh application). Provide a copy of the Order from the Court and fully identify yourself as the person to be covered. Ask for a complete copy of the policy, along with applications accepted and binders made. This request should get you all the information which you need to determine whether a policy was written by _this_ company. Your larger...

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  7. Correcting Court Transcript inaccuracies

    Answered over 1 year ago.

    1. Robert M Lorey
    2. Alan James Brinkmeier
    3. Eric Edward Rothstein
    3 lawyer answers

    Challenging the court reporter's transcript is virtually impossible. I concur with Mr. Brinkmeier -- if there is an audio tape that would be your only hope. Your recollection of what was said is not the official record of the proceedings. The audio tape is not the official record either, but at least is has the virtue of being objective. No matter what you heard, your recollection of what the Court said will never beat the court reporter's version unless you can find objective evidence to...

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  8. Can LL be treated as a mere witness in a UD because they did not put their name on the summons?

    Answered over 1 year ago.

    1. Robert M Lorey
    2. Timothy John Broussard
    3. Adam Jay Jaffe
    3 lawyer answers

    You can certainly ask the Court to exclude one of them as a witness, rather than as a corporate representative. The Court's authority for excluding a witness not actually on the stand is provided by California Evidence Code § 777. However, if they have an attorney you are going to be facing a tough row to hoe in order to have the Court grant the request, since they will argue that they are both joint corporate officers and representatives. Also, if the landlords were going to actually...

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  9. Washington State privacy/eavesdropping laws- legal to listen into someone else's home by phone and try to use it against them?

    Answered over 1 year ago.

    1. Robert M Lorey
    2. John Groseclose
    3. Anthony Michael Solis
    3 lawyer answers

    This is a difficult question posed in a difficult area of the law. Under federal law, it sounds like the father may have violated the federal wiretap act, which generally prohibits the interception and disclosure of wire, oral, or electronic communications. See 18 USC § 2511. Under Washington law, it is unlawful for any individual to intercept, or record any private communication transmitted by telephone, telegraph, radio, or other device between two or more individuals between points...

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  10. Someone has filed a violation against my property. What's my rights to request to see the actual written complaint against me?

    Answered over 1 year ago.

    1. Robert M Lorey
    2. Jay Bodzin
    2 lawyer answers

    Are you talking about a zoning violation perhaps? If this is the case, you certainly have the right to a copy of the complaint if the City or County proposes to do anything about the complaint. If the City or County is just going to ignore it, then there is no issue -- you don't need to see the complaint since nothing will come of it. If the City or County is going to do something about the complaint, such as an enforcement action to stop the alleged violation, you have the right to see the...

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