Robert M Lorey’s Answers

Robert M Lorey

Portland Car / Auto Accident Lawyer.

Contributor Level 12
  1. How can my grandpa switch his gm life insurance benafifeary over to me it currently is my grandmother but she passed away

    Answered over 1 year ago.

    1. Christian K. Lassen II
    2. Robert M Lorey
    3. Michael R Crosner
    4. William Thomas Schemmel
    4 lawyer answers

    He needs to contact the administrator of the life insurance plan. This might be somebody at General Motors or more likely an outside insurance company. You can get this contact information from any of the beneficiary correspondence related to the policy. The selection of a beneficiary is a very straightforward process, usually accomplished by a one-page form simply naming and identifying the beneficiary and perhaps a secondary beneficiary. It may need to be notarized and/or witnessed, so...

    4 lawyers agreed with this answer

  2. Is there a "standard of proof" necessary to obtain a signed Ex Parte Court Order to Show Cause?

    Answered about 1 year ago.

    1. Robert M Lorey
    2. Jeffrey Ira Schwimmer
    3. Rixon Charles Rafter III
    3 lawyer answers

    You seem to suffering under a common mistake -- what you are trying to do is actually a two-step process. First, getting an Order to Show Cause in an ex parte proceeding is simply a command from the Court for a person to appear and defend themselves from whatever you alleged in the Motion. In an ex parte proceeding, you are the only person presenting evidence (or a request) to the Court, so there is very little in the way of determining the final merits of the case. Since you are the...

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  3. I was served Notice that my ex is asking for Attorney's fees. I have no lawyer representing me. Can I respond? How?

    Answered about 1 year ago.

    1. Kelechi Charles Emeziem
    2. Robert M Lorey
    2 lawyer answers

    As noted, you do have the right to respond to a request for lawyer's fees. The Oregon Rules of Civil Procedure set out the process by which attorney's fees are requested, opposed and awarded. Without actually seeing the notice which you were served, it is not possilbe to definitively determine which Rule (or statute) the opposing side will use to claim their fees. The typical fee-shifting provisions are found in ORCP 68. There are also provisions for sanctions in ORCP 17(C), which might be...

    2 lawyers agreed with this answer

  4. Someone has information that I want the court to hear, but they refuse to help at all. Can I subpoena them?

    Answered about 1 year ago.

    1. Robert Lloyd Mauger Jr
    2. Rixon Charles Rafter III
    3. Robert M Lorey
    4. Malosack Berjis
    4 lawyer answers

    Mr. Mauger and Rafter have laid out the issue quite well. I concur with their analysis, but wanted to add that the Courts are _extremely_ reluctant to hear 'compelled' expert witness testimony. The general rule is that an opinion cannot be compelled from any witness. Facts, what you personally observed for instance, can be compelled but not your own thought processes about what you observed. There are all sorts of potential objections to this kind of testimony and Judges are loath to get...

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  5. Can you record a phone call and use it in a court of law without the person on the other end knowing they are being recorded?

    Answered over 1 year ago.

    1. Thuong-Tri Nguyen
    2. Robert M Lorey
    3. Shawn B Alexander
    3 lawyer answers

    If you have this level of distrust about the guy, why even talk to him at all? Assuming that there is some kind of obligation imposed by the Court (either to allow contact or not to obstruct it), it might be sufficient to state at the beginning of the call and again periodically during that call that you do not consent to recording the call. This is not a perfect remedy, as your objections could easily be edited out, but at least it would make it harder for the "other side" to use the...

    2 lawyers agreed with this answer

  6. Do I need an attorney..? And what type of an attorney is needed...?

    Answered over 1 year ago.

    1. Robert M Lorey
    1 lawyer answer

    It sounds like there are really two issues here in this question. First, if you are mandatory reporter then you appear to be in violation of your professional duties by not reporting the allegedly inappropriate conduct. I would suggest that you be very careful posting information on a public forum which can be searched and viewed by the public or by regulatory agencies. The last thing you want to do is to jeopardize your ability to make a living by failing your own professional duties....

    2 lawyers agreed with this answer

  7. Should my trial notebook include reports that may support the opposition?

    Answered over 1 year ago.

    1. Dave Hawkins
    2. Robert M Lorey
    2 lawyer answers

    I concur with Mr. Hawkins on both his points about the purpose of a trial notebook and the suggestion that you retain counsel. First, the trial notebook is for your own use at trial -- to pull from and refer to at need. Nobody else will see it, look in it or know what you put into it. There is a fine line between including everything that you need and larding it up with a bunch of extraneous stuff. That decision is the art of advocacy and trial preparation. Second, you really need...

    2 lawyers agreed with this answer

  8. How can I get my stuff from the police officer now that no case has been filed.

    Answered over 1 year ago.

    1. Robert M Lorey
    1 lawyer answer

    Your question is predicated on a common -- but inaccurate -- assumption. The decision whether to file a case, prosecute a case or come to a plea bargain in a case is not made by the victim, those decisions are made by a prosecutor. Your friend may refuse to be a cooperative witness and may not want the case to go forward, but your friend does not have the unilateral power to decide what happens in the case. You generally have the right to the return of your property if that property is not,...

    2 lawyers agreed with this answer

  9. I have a question for an attorney in Washington state about a "Waiver if Statute of Limitations" paper received by my husband.

    Answered over 1 year ago.

    1. Susanne Ruiz Rodriguez
    2. Robert M Lorey
    2 lawyer answers

    You definitely should consult an attorney before you and/or your husband sign anything. First, there is the potential for garnishment and/or for criminal prosecution if the arrearage is large enough and has been outstanding for long enough. Make sure you know what you are signing (obviously, you get this point as you are here asking for advice!). You as the spouse of the debtor may also have rights and protections from some enforcement actions, which an attorney can explore with you. The...

    2 lawyers agreed with this answer

  10. I am pro se, opposing counsil submitted motion and order allowing trial be set outside normal course and

    Answered over 1 year ago.

    1. Robert M Lorey
    1 lawyer answer

    You don't supply the court in which the case is pending, but I will assume that the case is pending where you are located in Bend (Deschutes County). The procedures for securing a continuance are different in civil and criminal cases. I will assume this is a civil matter. A written motion is required, which at a minimum sets out the reason for the continuance, the proposed date , any other continuances and the like. The primary controlling law is the Uniform Trial Court Rules, most...

    2 lawyers agreed with this answer