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Gregg A. Peppel

Gregg Peppel’s Answers

3 total

  • How do my husband and I finalize our divorce if we have reached and agreement without our attorneys?

    Gregg’s Answer

    Even if you agree on everything, you still need to finalize the divorce in a manner that is binding and which conforms with the laws of your jurisdiction. If you are both fed up with your attorneys, I suggest looking into hiring a divorce mediator. Divorce mediators are attorneys who specialize in allowing the parties to reach agreement (if possible), memorializing those agreements in an appropriate manner, and resolving the divorce quickly and inexpensively. Otherwise, depending on the laws of your jurisdiction, you may be able to convert the divorce to a dissolution and then hire one attorney to represent you both and finalize the matter for you.

    Disclaimer: I'm only licensed in Ohio and Michigan. Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • I AM A SHAREHOLDER/PARTNER IN A C CORPORATION. 2 OF THE 3 PARTNERS WOULD LIKE TO CONTINUE THE BUSINESS WITHOUT THE OTHER ONE.

    Gregg’s Answer

    You should have corporate bylaws in place that offer guidance to this. Generally speaking, if you do not have a buyout provision in place, you cannot simply force one shareholder out. Indeed, if you are all equal shareholders, there are likely laws in place in your jurisdiction that would protect the unwanted shareholder from such actions. You can, however, dissolve the corporation and reform it. The corporation name is an asset of the corporation - ownership and use of the name would have to be resolved in dissolution.

    I would definitely seek the advice of a good business attorney in your area.

    Disclaimer: I'm only licensed in Ohio and Michigan. Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • What is protocol for trial court proceedings? must a judge verbally introduce a case? Does the D.A present first arguments?

    Gregg’s Answer

    • Selected as best answer

    At trial, the judge will often provide an introductory statement to the jury explaining the proceeding. A process called voir dire (jury selection) will follow. Then, the lawyer for each party will offer an opening statement. In a criminal matter, the prosecuting attorney gives the first opening statement, then the defense attorney gives his or her opening statement. A presentation of evidence (witnesses and exhibits) follows. Once the evidence has been submitted, the parties make closing arguments. If a jury is involved, the judge then instructs the jury, and the jury then renders a verdict.

    There can be time limits for opening statements and closing arguments.

    That said, the previous poster hit the nail squarely on the head - do not represent yourself. You will only do a serious disservice to yourself. If you cannot afford an attorney in a criminal matter, one can be appointed for you in all but the least serious matters. If this is a civil case (I assume its not, since your question suggests a DA is involved), there are legal services agencies in your area taht offer free or low cost legal representation.

    Good Luck.

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