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Robert M Lorey

Robert Lorey’s Answers

297 total


  • Can my previuos employer disclose my personal information?

    My previous employer (auctioneer @ an auction house) seems very comfortable discussing my history as well as my financial state to his current employees & sellers. Do I have any options? Is there something I can send him to inform him this is not ...

    Robert’s Answer

    Well, legally speaking as long as your former employer is telling the truth about you there is not a lot you can do about it. Most people would balance what they are being told (tittle-tattle gossip) with the source (somebody who stoops to the level of gossip about a former employee) and take everything they are told with a large handful of salt.

    The best revenge is living well, so try to let this be water under the bridge. There is very little which you can actually do in an effort to control this kind of behavior. Gossip is essentially a character flaw, and there is little which a Court can do to control that kind of behavior.

    www.integrityoregon.com

    Good luck!

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  • Does any one know a practicing "Law Reader?"

    I have stumbled upon what I equate to a legal apprentice. Apparently called a "Law Reader.". I thought this sounded very interesting. I was wondering if any attorneys knew of any that were practicing. Not that I would consider it a good alterna...

    Robert’s Answer

    The law reader program is unfortunately all but defunct in modern practice. I know two persons who were admitted after the law reader program -- one who went to law school _after_ the program and one who simply did the program. The program is typically set to run for at least three years years of roughly 15 to 20 hours a week of student time. The economics of education in modern practice have essentially killed the law reader program, which used to be how virtually _all_ attorneys were educated way back in the Colonial era. The Virginia Board of Bar Examiners website has all the details on the program requirements and the extensive program rules, both for the student and the mentor.

    http://barexam.virginia.gov/pdf/LawReaderRules.pdf

    The rub mostly comes from the mentor's side. As a practical matter, the mentor has to devote an economically crushing amount of time to the student's studies. Under the program rules last time I checked (late 2005), there could not be any family connection between mentor and student, nor any form of paid employment relationship. Since the mentor would not be permitted to bill a client for time spent working with a mentor (since it did not directly confer a benefit on that particular client), and the client cannot be billed for a student's work (which would by itself create an employment relationship between mentor and student), there are very few circumstances where the whole arrangement can survive the kind of time needed to complete the program.

    Also, since the student cannot be employed by the mentor or the mentor's firm, the student has to have another job sufficiently remunerative to support himself or herself through the program.

    The time when I saw it actually work was when an older attorney was in "of counsel" status with an established firm. He had essentially retired in place as a principal of the firm, and formally worked part time. He devoted the rest of his available time to mentoring his law reader. The older attorney had been in practice in Virginia for almost 60 years and _literally_ knew everyone who was everyone in the legal scene in a very wide geographic area in Central Virginia. I was an associate in the firm at the time and frequently talked to the law reader. He was really enjoying the time, was learning a great deal about how the law actually worked and was building up an impressive set of professional contacts through his relationship with his mentor.

    If you can find the right relationship between mentor and student, this can be a hugely valuable educational experience. It can also fall apart for the most trivial of reasons, in which case the student has to start all over again.

    www.integrityoregon.com

    Good luck!

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  • What laws should I reference when appealing a judgment of guilty for driving an uninsured vehicle. I had ins -just no proof

    I had just gotten the car a couple weeks earlier and still didn't have the insurance card. I was given a $30 ticket (paid) for no proof of ins and a $500 ticket for driving an uninsured vehicle (isn't it only supposed to be $100?). I requested a h...

    Robert’s Answer

    Your first step is to ensure that you don't lose your appeal by procedural default, specifically by failing to timely appeal. "If your hearing was in person, DMV must receive your appeal within 15 calendar days of the hearing date. If your case was adjudicated by mail, DMV must receive your appeal within 18 calendar days of the postmark date of the decision letter." You don't specify whether your hearing was live or by mail, but it sounds like a decision was mailed to you. Thus, you have 18 calendar days from when they mailed the decision to you.

    You will also want to make sure that you proffer the proper appeals fee to the Court. The appeal fee itself is Ten dollars ($10.00) and if there was a live hearing there is a transcript fee of Fifty dollars ($50.00). If you prevail, you will get these fees back at the conclusion of the case. You must also use the Appeals Application form printed by the Court -- you can pick one up at the Courthouse or online at the following url:

    http://dmv.dc.gov/sites/default/files/dc/sites/dmv/publication/attachments/Compliance-Appeal.pdf

    Second, the facts you have submitted should be sufficient to prevail on the "no insurance" charge. A coverage letter which establishes your coverage should be more than sufficient proof to rebut the presumption that you did not have insurance. The "no expiration date" is risible -- a coverage letter almost never has an expiration date since the insurance company does not know what will happen in the future with respect to payments, continuance, revocation or the like.

    I would suggest including any and all relevant additional documents in your appeal. Write your "brief statement" as a narrative of the entire set of documents -- explaining how your coverage was in force at the time of the alleged charge.

    www.integrity oregon.com

    Good luck!

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  • My ex wife has hacked into my Verizon account and had all text messages from the 5 phones sent to her house/ phone/computer.

    She wanted to know who our daughter ( joint custody/ 50-50 ) was talking to. she set up a verizon account on the internet useing my number she she could see all that was going on. she set it up to receive all messages , my new wife's , my daughter...

    Robert’s Answer

    I concur with Mr. Alexander, especially if there have been any monitoring or recording of the actual content of the communications coming through the phones. The Revised Code of Washington makes the interception or recording of a private conversation illegal unless all parties to the conversation consent to the recording. See RCW § 9.73.030. Under federal law, it sounds like the mother may have violated the federal wiretap act,, which generally prohibits the interception and disclosure of wire, oral, or electronic communications. See 18 USC § 2511.

    Verizon may be willing to help you out with a technical fix, especially if you have any supporting evidence of the claim that the system was "hacked." The first remedy is, as Mr. Alexander suggested, change your passwords and other access credentials and DO NOT give them out to anyone.

    www.integrityoregon.com

    Good luck!

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  • Can my neighbor use video surveillance to monitor activity on my adjacent property?

    Her boyfriend has had a surveillance system installed on her house and intentionally aimed a camera at the entrance to my driveway, effectively monitoring my property. It is the only camera that does not cover some part of her home. Does a homeow...

    Robert’s Answer

    I concur with Mr. Marshall in that the answer is not entirely clear. It is very hard to give a definitive answer to your question, given the relative lack of detail provided. All cases are fact-specific and anything remotely dealing with privacy or the First Amendment are doubly so.

    The short answer is "probably yes." The relevant statutory authority is provided by Revised Washington Code § 9.73.030. Washington is what is known as an "all party" consent state. That is, everyone has to consent to a recording of a _private_ _conversation_ in order for it to be legal. If there is no audio to the recordings, then it would almost certainly be legal.

    First, is whatever goes on in your driveway a private conversation? Depends on the facts, and the volume of the conversation, but if you are that close to the neighbor's property line then probably not. Second, did everyone consent to the recording? In Washington, you can satisfy the consent requirement by "announc[ing] to all other parties engaged in the communication or conversation, in any reasonably effective manner, that such communication or conversation is about to be recorded or transmitted," so long as this announcement is also recorded. Wash. Rev. Code § 9.73.030(3).

    So, if the neighbor posted a sign where it can clearly be seen from your driveway and videotapes the sign she posted as the first part of each of her tapes, it is probably legal. Unfortunately your driveway and/or side yard does not have a 'reasonable expectation of privacy' from your next door neighbor if her house already overlooks your driveway and side yard.

    The big issue would come if there are children of young age about, especially children who are not yours. A child generally speaking cannot consent (a knowing and voluntary waiver of a known right) to anything -- that is why their parents are in charge. In theory, it could be a crime to videotape children in your back yard if their parents to do not consent to the taping. It would also be pretty skeezy if everyone in the neighborhood knew he was videotaping children in your back yard, but it seems that you are past that point with the neighbor.

    www.integrityoregon.com

    Good luck!

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  • If you get a document notarized does that make that document and any information on that document " public record"?

    And if it is public record now and it concerns medical issues does that go against doctor/patient confidentiality and or invasion of my privacy? What is the reason for using a notary?

    Robert’s Answer

    Please refer to the answer to your previous question about notarization voiding the patient-doctor privilege. In answer to your actual query, getting a document notarized does not make the document part of the public record or change the status or nature of the document. Notarization can be done in a way which preserved attorney-client privilege and work product protections, for instance. The notary is simply stating that a particular person put pen to paper and signed the document in the presence of the notary. There is a common misconception that the notary is vouching in some way for the document itself -- this is not true. All the notary is vouching for is the identification of the signatory, frequently the notary will not even see the text of the document except for the signature page. If you are concerned, you can cover the text of the document with another piece of paper so that all the notary sees is the signature section of the document.

    As to why they want statements regarding your past drug use, I have no idea. Presumably it relates to some form of financial compensation due to the clinic. Perhaps the insurance provider (private or federal) needs some verification of your drug history in order to approve payment?

    There are plenty of people who know that you are using -- it is not as big a secret as you think it is. Like a workplace affair between co-workers, everybody knows what is going on. Where do you get your works? Whoever gives or sells you the supplies knows you are using. Do you have any roommates, a significant other or spiritual adviser? Surely you know people who are close enough to you to know your habits. Recall that the notary is simply verifying identity -- the people who know you are using do not have to say that they are using or _how_ they know you are using. All they have to say is that they know you are using and they have to identify themselves.

    Perhaps it might be best to go back to the clinic and ask them directly why they need this kind of thing. There may be ways around the requirement, or other ways to satisfy the requirement. If the clinic is really just dealing with their own need to get paid, all they will care about is making sure they get paid -- they don't really have any interest in how it gets done as long as the check gets cut.

    www.integrityoregon.com

    Good luck!

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  • Dr.'s office refused to bill my insurance & now I have a small claim against me for three times the amount of the original bill.

    Despite repeated phone conversations to clear up my delinquent bill , my Dr.'s office refused to bill my insurance & now I have a small claim against me for quite a bit more than the amount of the original bill. This includes a charge from 2011 th...

    Robert’s Answer

    The underlying question under the facts you describe is why you did not submit the claim to the insurance company yourself. The Doctor's office is not under any obligation to submit your claim for you unless they agree to do so. Many offices will submit the claim for you as a courtesy, but you remain responsible for making sure that the office gets paid. Their position will be (reasonably so) that you got the service, they requested payment over a span of years, you refused to pay and they had to sue you to get paid.

    Simply because you _have_ health insurance does not mean that the office actually got paid for the serviced rendered. If the insurance company never gets the claim, they will (obviously) never pay the claim, and you remain responsible for paying the office. The lack of EOBs is fairly indicative that the insurance company never got the claims paperwork -- they may not even know that you received the services in question unless you told them about it. Thus, it is not at all clear that you would actually have any defense to the action filed by the doctor's office.

    As to the pending action against you, it would almost certainly be cheaper to simply pay the Doctor's office. If you contact them immediately and are prepared to pay immediately, you may be able to negotiate the action down fairly close to the amount originally billed. The problem (from their perspective) is that they provided you with medical services, contacted you multiple times over several years about payment, and then eventually had to sue you in order to get you to actually cough up any money, so their incentive to be nice and accommodate your situation is virtually nil.

    Hiring an attorney would almost certainly cost you far more than you would save by having an attorney. In small claims court, you do not have the right to have an attorney represent you -- the Judge can allow it on the sound exercise of his or her discretion, but you do not have a right to counsel. ORS § 55.090. Also, Josephine County Supplemental Local Rules require all small claims parties to submit to Court-sponsored mediation, see Josephine County SLR 15.005, so if both sides are willing to be reasonable the case will settle before the actual trial anyway.

    www.integrityoregon.com

    Good luck!

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

    My former husband had to gave me life insurance to secure alimony five months ago and now I found that he gave an application instead of the real policy, I feel my former husband intentionally did that because his son works with the insurance comp...

    Robert’s Answer

    • Selected as best answer

    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 question as to whether it is fraud is probably not. Deception, very likely but also very likely not rising to the level of fraud. First you need to verify whether the policy was ever written and whether it is paid and in force. Second, if the answer is negative, the Court will provide a remedy for this problem (eventually).

    Unfortunately, if your ex has gone to the effort of trying to trick you into thinking that he has complied with the Court's Order, it is a safe bet that he will never voluntarily comply with the Order. You will likely need an attorney to force his compliance. In theory the Court should enforce its own Order, but the odds are long if you are going to try this yourself, you really would need the help of an attorney.

    www.integrityoregon.com

    Good luck!

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  • On paperwork my address is in Dallam Co, but I have recently moved to HartleyCo, can I use my mothers address and file

    I have had papers filled out for a long time, well me and my children moved out of our home with my husband 2 months ago, we lived in Dallam Co, but my apartment we moved to is in Hartley Co. I want to file as quickly as possible but was told I h...

    Robert’s Answer

    You leave out a number of important details -- primarily the exact nature of _what_ you want to file... However, if there is a requirement that you reside in a particular county for a set period of time, you should definitely comply with that requirement. If the Court finds out that you failed to satisfy the residency requirement, your case could be dismissed or the Judge holding it against you. If you opponent figures out that you failed to satisfy the residency requirement you can pretty much guarantee that the failure will be used against you.

    Unless there is some imminent danger presented by waiting -- in which case there is no residency requirement for that kind of emergency action -- you should certainly wait out the time required.

    www.integrityoregon.com

    Good luck!

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  • Can i see if i have an open cps case online

    My husband states his parole officer came & reported me

    Robert’s Answer

    Online, negative. However, you can call them, write to them or go to them and ask. You are in Region 1, their HQ is located at 1313 N. Atlantic, Ste 2000, Spokane, WA 99201. Their number is (509) 363-3418. Also, rather than relying on the word of your husband, it might avail you to contact his PO directly and see if the PO backs up what your husband told you (not that he is necessarily lying, he could just be mistaken).

    www.integrityoregon.com

    Good luck!

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