Archived
Is an attorney serving as a Guardian Ad Litem in a parental rights termination allowed to represent the foster parent adopting?
Joseph's answer
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Answered on October 30, 2010
It all sounds fishy to me, too. Look up the Commission on Judicial Conduct or the Texas equivalent and write them a detailed letter. I can't...
Archived
How to Recover vehicle damages from a Hit and Run, in NYS ?
Joseph's answer
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Answered on October 29, 2010
You may be able to recover through your own insurance company or if there are personal injuries, though what is called an MVAIC claim. But you must...
Archived
Car accident
Joseph's answer
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Answered on October 29, 2010
The statute of limitations for a motor vehicle accident in New York is three years. It can be very difficult to recover any damages for a...
Archived
If my lawyer goes bankrupt how does that affect my settlement?
Joseph's answer
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Answered on October 29, 2010
Clients' settlement funds are supposed to be strictly separated from the attorney's funds in an escrow account and the attorney's creditors can't...
Archived
Adding A Party That Was Served A S&C But Not Part of The Action
Joseph's answer
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Answered on October 27, 2010
This question shows some fundamental lack of understanding of the legal process. You need a lawyer.
A person does not need to be on the caption...
Archived
If I, being 18 and my friend being 17 go on a road trip and I have a car crash etc. and he gets hurt, can I be held responsible?
Joseph's answer
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Answered on October 26, 2010
Sounds like you are planning quite a trip. If it's your car or you are driving, you can be responsible for his injuries. If he goes to jail for...
Archived
What is the advantage of bringing a tort action for Malicious Prosecution vs. Abuse of Process?
Joseph's answer
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Answered on October 26, 2010
Precious few plaintiffs prevail in either of these causes of action for a number of reasons. The biggest one is usually that plaintiffs for such...
Archived
Should I get a new attorney? If I do get a new attorney, is that going to cost me more in the end?
Joseph's answer
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Answered on October 24, 2010
It's very unusual to see results in an accident case in a matter of months. The more substantial the case, usually the longer it takes to resolve....
Archived
Can a person reopen a personal injury case that has already been settled?
Joseph's answer
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Answered on October 24, 2010
It would be impossible to reopen such a settlement absent a showing of fraud recently discovered. That is a very heavy lift indeed. To say a...
Archived
Can an attorney request from former client to withdraw a complaint with State Bar?
Joseph's answer
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Answered on October 24, 2010
How did the stipulation come about? It is unethical for an attorney to even ask a client to withdraw a grievance as part of a settlement. Ethical...
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