Joseph Lars Rockneā€™s Answers

Joseph Lars Rockne

Seattle Litigation Lawyer.

Contributor Level 8
  1. Litigation question on ethics

    Answered about 3 years ago.

    1. Frank Wei-Hong Chen
    2. Paul Y. Lee
    3. Brian Curtis Pascale
    4. Joseph Lars Rockne
    4 lawyer answers

    Such conversations often lead to settlement. However, you should be wary that the opposing side might be getting coached by their attorney. Before making a final agreement be sure to have your attorney review the terms.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  2. Will I be able to raise new claims in a motion if they are not specifically detailed in an initial complaint?

    Answered almost 3 years ago.

    1. Theodore Lyons Araujo
    2. Robert Daniel Kelly
    3. Kaveh Noorishad
    4. Joseph Lars Rockne
    4 lawyer answers

    You can usually amend a complaint to add new claims only once. A second amendment would require a motion to the court and the court's approval. With that said, it is important to amend your complaint as soon as reasonably possible. A motion to amend a complaint to add a new claim or claims could be denied if it comes too close to trial and adding the additional claims would be prejudicial to the other side.

    1 lawyer agreed with this answer

  3. I am answering a motion for a summary judgement against me. I want to know can I later amend my answer, to improve it.

    Answered about 3 years ago.

    1. Joseph Lars Rockne
    2. Paul Y. Lee
    3. Richard James Grossman
    4 lawyer answers

    Most likely not. However, there is most likely oral argument and you can clarify your position at the hearing and answer any questions that the judge may have.

    1 lawyer agreed with this answer

  4. Can a court award attorney's fees to someone who proved undue influence and/or lack of capacity?

    Answered almost 3 years ago.

    1. Thomas Michael Bates
    2. Pamela Koslyn
    3. Joseph Lars Rockne
    3 lawyer answers

    In Washington State there are statutes which would allow a court the ability to award attorneys fees in situations such as you've described. There may be statutes in Florida, designed to protect against the abuse (including financial exploitation) of the elderly that provide for attorneys fees. The heirs should be aware, however, that the usual rule is that if one side is entitled to an award of attorneys fees, the other side would be as well. That means if they don't prevail, they might...

    1 person marked this answer as helpful

  5. I am a pro se litigant in an arbitration and the other side will not honor my request for Docs or admissions properly served

    Answered over 2 years ago.

    1. Pamela Koslyn
    2. Joseph Lars Rockne
    3. Linden Edsel Thomas
    4. Steven Paul Watkins
    5. Dan Gioia
    5 lawyer answers

    I would follow up, again. I would follow up with a phone call and then document the phone call with an email and letter. "Just to confirm what we discussed....bla bla. If I have not accurately summarized our conversation please let me know immediately." I would print these all out. I would file a second motion with the arbitrator and ask for sanctions. Specifically, I would ask that they not be allowed to present any evidence or documents that are not disclosed. If you need the...

  6. What does this mean ?

    Answered almost 3 years ago.

    1. Charles Joseph Michael Candiano
    2. Eliz C A Johnson
    3. Ronald David Wilton
    4. Joseph Lars Rockne
    4 lawyer answers

    It means that ANY conceivable claim you might have against the other party would be waived and you would not be able to bring it in any future action. This would likely even include claims that you are not currently aware of.

  7. With or without prejudice?

    Answered almost 3 years ago.

    1. Stephen Samuel Messutta
    2. Oscar Robert Trejo
    3. Paul Y. Lee
    4. Michael James Perillo Jr.
    5. Eliz C A Johnson
    6. ···
    6 lawyer answers

    You would want to dismiss the case, without prejudice. That way you can refile the case in the future. (Provided the statute of limitations has not barred your claim). If you do refile your case in the future, you might be obligated to pay attorneys fees to the defendant for the work that was done on this case. You would need to review the civil rules for your jurisdiction to answer that.

  8. Lawsuit

    Answered almost 3 years ago.

    1. David Matthew Gotzh
    2. Eliz C A Johnson
    3. Joseph Lars Rockne
    3 lawyer answers

    If the defendant has not filed a counterclaim, then the plaintiff can dismiss the lawsuit on its own motion. Often without prejudice (meaning they can refile later).

  9. Can a default judgement in civil court be retried?

    Answered almost 3 years ago.

    1. Maria Alicia Lackey
    2. Jeffrey T. McGuire
    3. Brian Curtis Pascale
    4. Joseph Lars Rockne
    4 lawyer answers

    Default judgments, in certain limited circumstances, can be set aside. But it is difficult and if you delay they will not be set aside. You should contact an attorney immediately.

  10. Is correspondence accepted as evidence in a civil trial?

    Answered almost 3 years ago.

    1. Michael S. Haber
    2. Pamela Koslyn
    3. Peter Stephens French
    4. Joseph Lars Rockne
    4 lawyer answers

    If the correspondence is relevant or contains relevant information, they most likely will be admissible. Objections to its admissibility might be based on hearsay, confidentiality or best evidence rule. I would recommend that you review all the correspondence to determine which ones contain relevant information and then determine if there is a specific objection to its inclusion in evidence.