My attorney is saying he is going to take his fees and court costs out and then there will be a "little left for me" I received a billing of sorts from him on the 2nd of March, 2017. He is not saying how much is left for me. The monies are to b...
As Mr. Stempfler said, the attorney's obligations to you continue until the active phase of the case is completed, which in your case would be an accounting of the settlement with the attorney's fees and costs chargeable to you (like experts, transcripts, etc.) enumerated and deducted from the gross settlement remittance from the judgment, where authorized by your retainer agreement, with the balance payable to you.
An accounting always accompanies the settlement, and it is also typical for the check to be payable to both you and the law firm and both of you needing to endorse the check. It is typical for the accounting to be done when you endorse the check. (If the check was solely to the law firm, it would say "law firm in trust for [client]", a relationship which would clearly indicate it was "your" money and any law firm acting as an agent would owe you want is called a "fiduciary duty", which would also imply you would receive an accounting with your disbursement. You are the boss here.See question
My husband and I are still legally married but have been living apart, separated, for 10 months. We have one child with which we've organized a child visitation schedule that works quite well for us. My ex has taken to demanding I let him know my ...
No, so long as the plans are typical, involving usual parent-child activities. An exception might be something like an out of state or out of country vacation where each parent might be expected to give the other contact addresses, phone numbers and itineraries.
Where this kind of control becomes and issue, sometime orders are amended to require notice only in the sorts of unusual situations mentioned above, or to direct the parents not to "cross examine" the child about what happened during the other parent's parenting time or visitation, in order to clarify "boundaries" which are proper and appropriate.See question
I have temporary custody of my son until my court date. I was wondering what I'm allowed and not allowed to do.. Do I have to allow my baby's father to see him?
If you have temporary custody, there should be a written order signed by the court that states that (not sure what you mean by "temporary custody", if that's a formal legal court determination or it just means that as a matter of fact the child is with you).
If you truly have legal temporary custody, the written order will address whether the father has any visitation. If the order is silent on visitation, you don't have to provide the baby's father access. If he has visitation, you have to comply with the terms of the order.See question
For example, am I related "by affinity" to my child's "other" grandparents if I was never married to my child's other parent? I am asking to determine whether domestic/family violence has occurred if the "other" grandparents have committed violen...
You might not be related or have "affinity" technically, but yes, for a purpose of a family offense proceeding in family court or domestic violence related order of protection, you are not strangers because you share a child with the other parent and the offense appears to have occurred within that context. You are treated as "related", not third party strangers.
Topic changed from child custody to domestic violence.See question
My neighbor wants me to cut down a tree that has a branch hanging over into his yard. My understanding is that he can cut it on his side of the fence line, but it's not my responsibility to do so. Is that correct?
Several attorneys, myself included, answered a similar question recently here:
I have a friend who fell on a raised sidewalk a few inches from a tree well. we want to know whether we should sue the landlord or the city. but we don't know who owns the tree? how do we find out who owns the tree?
If you trip on a sidewalk within the five boroughs and injure yourself, the City is liable, but ONLY IF someone has previously filed a specific notice that a given sidewalk is defective and dangerous. There is actually a private company that goes around and files notices, so this sidewalk may be covered.See question
My property was completely destroyed by run off from a neighbor's field to the East. I lost a home, several ton of hay, etc. This landowner knew of the situation, had the means to help stop, or at least hinder, the flow of water, and chose to do n...
Usually, unless your neighbor impounded the floodwaters with an engineered feature that failed (berm breached, dam washed out, etc.), generally there is no liability when higher lands flood low lying lands. This may not be the case where there are government approved engineered features under the Clean Water Act that were part of a development permit that the neighbor had a duty to maintain, but this is generally not the case, except in new development. It's the general rule that there are no damages or duties at common law regarding a landowner controlling runoff or floods from his property.See question
My natural gas company sent me a letter stating that they thought my gas meter was misreading and wanted to fix it. They came in and replaced the meter. The next month, I got a bill for $500+ which they estimated 21 months of gas usage. This is on...
Yes, they can backbill under these circumstances sometimes, but you should call the consumer services division of the NYS Department of Public Service (aka Public Service Commission). You can get the toll free numbers from their website. http://www.dps.ny.gov
The PSC regulates gas and electric utilities and can prevent the utility from billing if it is not legit.See question
I bought the house before I was married and it's still only under my name. He doesn't pay for the mortgage and never have. I want him gone but he refuses to leave. Are there steps to get him to leave?
Commence an action for divorce which requests (among other things you may be entitled to) exclusive possession of the marital residence. Also, if the husband is abusive, call the police and it what he is doing is a crime (including harassment), you can get a "stay away" order of protection which will require him to leave and stay away from you entirely.
You should probably seek the assistance of a matrimonial attorney as well as a domestic violence counseling agency in your area.
Topic changed from real estate to divorce and separation.See question
We are looking to build on a lot that was split from an older home that was sold without regard to addressing the water and sewer lines that run through the lot we are working on. These water and sewer lines are very old and likely need to be rew...
If the other property owner's pipes have run across "your" land for over the state's period of adverse possession, they most likely have an easement, whether in a deed or not. You can move the pipes and provide for equivalent pipes, however that must be at your expense. You can't make the neighbor pay for the move or just dig up and not replace the pipes. You should discuss the factual details with an attorney to see whether or not the neighbors have an "easement by prescription".See question