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Gary K. Marshall
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Gary Marshall’s Answers

100 total


  • What kind of lawyer do I need? Read details below. Bottom line is I don't want to be sued. Who should I talk too?

    I am writing a "fiction" novel. For 6 years I worked in a very hostile work environment - a tribal owned casino. In the novel I want to use my work experiences, naming names of people who harassed me without end which lead to wrongful terminatio...

    Gary’s Answer

    You should not rely on your publisher. You need to talk to a literary attorney such as myself now while you are writing the book. There is no way you can eliminate the risk of being sued. You can reduce the risk if you want to, but you might ruin the impact of the book if you are too cautious.

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  • Are there any attorneys or paralegals willing to assist in preparing documents or at least a conversation for civil small claims

    Trying to take a business to small claims and have no idea what I am doing and would like some help but don't know where to look. I can definitely pay for the time. Anybody know where I can look?

    Gary’s Answer

    • Selected as best answer

    There are some good resources available online.

    1. Everybody's Guide to Small Claims Court, Includes tips by former judges!, by Ralph Warner, Attorney, March 2012, 14th, Edition,
    http://www.nolo.com/products/everybodys-guide-to-small-claims-court-NSCC.html

    2. An Introduction to Small Claims Court, by the Washington Courts,
    http://www.courts.wa.gov/newsinfo/resources/?altmenu=smal&fa=newsinfo_jury.scc

    3. Small Claims Court in Washington State, August 2011, by Northwest Justice Project
    http://www.lawhelp.org/documents/1650919940EN.pdf?stateabbrev=/WA/

    4. King County Small Claims Court website
    http://www.kingcounty.gov/courts/DistrictCourt/SmallClaims.aspx

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  • My question is regards to spam email.

    I am a principal at an Internet company in WA state. My question is in regards to WA state law regarding spam as compared to the federal CAN SPAM act. Which law would take precedence? The SPAM condition is very bad and it is costing a great de...

    Gary’s Answer

    The question of whether the state CAN-SPAM act is pre-empted by federal law is a complicated legal issue. There is no clear answer yet. Three federal courts have held that pre-emption applies, at least in part. The federal ninth circuit has ruled that one provision of the Washington law is pre-empted by federal law. See Gordon v. Virtumundo, 575 F.3d 1040 (9th Cir. 2009). Whether other provisions are pre-empted is not clear. The court in Gordon invited the state of Washington to amend its statute to conform to federal law which suggests that there is no blanket pre-emption.

    I have defended a CAN-SPAM case. They are hard to win. The plaintiff settled with a few defendants, but was eventually forced to dismiss its claims. If you do decide to sue, be prepared for an expensive fight.

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  • Is remotely accessing someone's computer without consent legal in Washington State?

    After I left my ex, he installed remote access programs to monitor my online activities. I know this for a fact, because he then went on to publish his findings of my online activities in a relationship related forum... and openly admitted to doi...

    Gary’s Answer

    • Selected as best answer

    Yes his actions violate several federal and state laws. You can file a police report. But most of the time police will not pursue this type of crime. At best they might go and talk with him.

    These types of cases are surprisingly hard to prove. He may claim that that was not him, it was someone posing as him. Or that he did post it, but someone sent him the information anonymously.

    If you can show you were harmed, you may also have a civil case against him. Again though it would be difficult to prove, and likely not worth the money to pursue it.

    You refer to him as your ex. If you were recently divorced, your most practical solution may be to talk to your divorce attorney. If you did not use one, now might be a good time to find one. A family law judge has broad discretion in taking action and might find his behavior very offensive.

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  • Is there any WA state law that prohibits me from having a residential surveillance camera mounted outside my home?

    There is NO audio, it is only a motion-activated camera and it is clearly visible from the street. It points only to the front steps and porch. It was installed because there was a rash of mail theft on our street. Do I need to post any sign or ...

    Gary’s Answer

    No.

    In Washington it is illegal to audio record a private conversation without the permission of everyone being recorded (RCW 9.73 Privacy, Violating Right of). But there must be some expectation of privacy. Unless you have an unusual physical setup, there is no expectation of privacy on your open front steps and porch.

    Unlike audio taping, there is not a lot of law on video taping. I would expect courts would probably apply a similar standard to video as is applied to audio. Since the front steps and porch belong to you and are open, there is no expectation of privacy. So there should not be a problem with video taping.

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  • Lease break Agreement

    Couple A co-signs a lease for Married Couple B Couple B refuses to pay rent, so Couple A pays most of rent for 5 months Finally Apt complex suggests a break lease agreement and is signed by both parties of couple A and one party of married...

    Gary’s Answer

    May I introduce a little common sense, even if you don’t want to hear it. If you have a potential liability of $13,000, you really should spend the money to hire an attorney. And if you had spent the money to hire an attorney in the first place, you probably would not be in this mess now.

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  • Can I be sued for placing a negative review based on my negative experience with an attorney in this website or anywhere else?

    My husband and I recently had a very bad experience consulting with a bankruptcy attorney. He was so rude during our consultation that I felt compelled to share my experience with others and wrote a review in a couple of websites. I was not disres...

    Gary’s Answer

    • Selected as best answer

    Your question raises several issues. Can you be sued? Yes, of course he can sue you for defamation and related legal issues. Will he win? Maybe, but probably not. Truth is a complete defense to a defamation lawsuit. But you must still convince a judge that your version of the truth is in fact true. And you must defend yourself in a lawsuit, which can be costly.

    If he does come after you, you may have a defense based on Anti-Slapp law (in Washington see RCW 4.24.525). The law allows you to file a special motion to strike any claim against you that is based on your public statements about an issue of public concern. If a court rules in your favor, it will dismiss the plaintiff's case early in the litigation and award you attorneys' fees, litigation costs, and ten thousand dollars in damages. You could mention this to him or ask your own attorney about this defense.

    You might try to mediate your dispute with him. Offer to explain to him why you felt so strongly and offer to help him improve his office demeanor. You can offer to post a more friendly review if he seems receptive to your concerns.

    This website, AVVO offers an excellent free one hour web based seminar for attorneys on how to react to negative reviews. Threatening to sue the client is not recommend. He should take that seminar.

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  • I was selling an item on eBay and my listing was taken down. Now I have received an offer to settle. Should I ignore.

    I was selling an item on eBay that I had purchased in bulk form China. I had my listing removed for a copyright violation and now I received a certified letter from Arctic Brand Assurance who represents the company asking for $2000, the rest of m...

    Gary’s Answer

    I agree with the previous answer that this is a complicated area of law. this is a serious matter, they are threatening you with a lawsuit. You really should consult an attorney.

    I am adding this answer to point out that there was a major change in the law recently, see Kirtsaeng v. John Wiley & Sons, Inc., ___ U.S. ___, 133 S.Ct. 1351, 1358, 185 L.Ed.2d 392 (2013)., which ruled that some grey market goods do not infringe on the owner's copyrights. So you may not be liable at all.

    But there is no substitute for talking to an experienced attorney in this area, such as myself.

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  • What lawyer could revise my contract for me in my location?

    I am currently waiting for a video game design independent company to get back to me about the contract they have put up. They are currently going through a Lawyer to set up the contract so that no one will get ripped off. I want a lawyer to loo...

    Gary’s Answer

    You are wise to have the contract reviewed by an attorney. There are plenty of attorneys in the Seattle area, including myself, who could help you. I have worked with several teenagers who are still living with their parents. If you are eighteen or older, it does not matter at all from a legal standpoint who you live with. If you are suggesting that you are short on funds, then yes lawyers cost money. How much is your artwork worth to you? It should be worth spending a little money on an attorney. There are plenty of older artists out there who probably wish they had spoken to an attorney before signing a contract. Congratulations on having someone interested in your art work and good luck with your project.

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  • Can I use a city name to represent a sports team (e.g. Liverpool for Liverpool FC) without infringing on any trademarks?

    It is for a poster that will show the city names of where teams play/are located and it is to be sold for a commercial profit in the UK. Would it also be possible to have the name of the city in the same colour that the team plays in (e....

    Gary’s Answer

    Probably not. But you need to ask a UK attorney, not a U.S. attorney.

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