If someone has been subpoenaed to testify, but the trial has been postponed do they still have to appear on the date shown?
Eden's answer
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Answered on March 18, 2014
Surprisingly tricky question The answer is yes. See Russell v. State, 793 P.2d 1085,1086 (Alaska Ct. App. 1990) (despite continuance of trial,...
Archived
Should I file a "show cause" motion?
Eden's answer
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Answered on March 17, 2014
You should consult a local attorney. In some jurisdictions, such as New York, an order to show cause would be an appropriate action to bring. In...
Archived
Trust litigation--NY
Eden's answer
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Answered on March 17, 2014
No. A trustee's attorneys fees may be a charge against the trust in situations where the trustee successfully defends itself against a charge of...
Archived
Can you take law classes without attending law school?
Eden's answer
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Answered on June 16, 2013
I agree that you should not take advice from someone who is not a lawyer. There is no reason the person can't have taken a few law classes and may...
Archived
A neighbor behind us has 2 acres that borders our land and has graded his land so all the water from his land drains into ours
Eden's answer
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Answered on June 16, 2013
I would definitely speak to a lawyer. Acting on your own is almost guaranteed to get you the worst of all worlds, both in terms of negotiating...
Archived
Should I Press Charges? Breaking & Entering
Eden's answer
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Answered on June 16, 2013
Based on the facts you have outlined, breaking and entering does not appear to be implicated. Rather, there are two related doctrines you might...
Archived
How can I find an NYC pro bono civil litigation lawyer to handle a case for me? Please contact me ASAP if you are interested!
Eden's answer
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Answered on June 16, 2013
It appears to me that you are conflating "pro bono" with "contingency." Pro bono means you will not be charged anything and that representing...
Archived
Is there any way to get out of a cell phone contract when they are not providing the services you signed up for?
Eden's answer
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Answered on June 16, 2013
You may have a cause of action for rescission of the cell phone contract based on fraud. The written terms of the agreement may appear to protect...
Archived
How much in upfront fees may a broker on an SBA 504 loan charge?
Eden's answer
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Answered on June 14, 2013
According to the SBA, 504 "fees total approximately 3 percent of the debenture and may be financed with the loan." See...
Archived
David verses Goliath in civil litigation matters?
Eden's answer
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Answered on June 14, 2013
First, I would check with your attorney whether the federal laws at issue give you a private right of action. If you are not careful on this one...