My neighbor has claimed several iterations of ownership of an alley between our properties over the years. It has come to light that our condo trust owns 2/3 and she owns 1/3. There is a currently a gate that is latched from the inside for eme...
Know this is often a pat answer on Avvo, but your situation is sufficiently unusual in terms of both the law and the facts that no generalized advice you get from attorneys is going to be useful in framing a response, or even getting it correct. Since you have been sued, you need to take the papers and any other documents to a local attorney who practices in the court where the lawsuit has been filed. You should know that legal fees are recoverable only in certain types of actions where the law epecifically allows for it, like matrimonials or civil rights lawsuits, where you are successful and prevail. This lawsuit dosent sound like one, it looks to me to be intimidation and bluffing. But only an attorney can tell you that definitively (or more definitively).See question
Someone I know purchased 22 acres of forest 12 yrs ago through his corp. with the intention of sub-dividing/selling it and making money. Turns out the property couldn't be developed (land/water issues, etc.) His corp. dissolved/closed in 2010. He'...
One has to know more about the "dissolved" corporation: sometimes those dissolutions are somewhat technical and tempotary caused by the failure to file tax returns or periodic registrations. Sometimes the corporation is dissolved by its owners deliberately and ceases to exist as an entity. At this point the corporate assets, including this land, should have been returned to the shareholders or creditors as their claims allowed.
If the dissolution was an involuntary judicial dissolution, the land certain,y would have been assigned to sone owner or successor in interest to the corporation.
If the dissolution was one for failure to file renewal forms or small tax amounts, thus is very typical: you just pay the back fees and, presto, the corporation is back in existence and good standing.See question
I was accused in the press by a public figure of having a loathsome disease, it is false and I have had my reputation and good name ruined, I have had my papers reviewed by a a local attorney who said I have a valid case and my papers are good. He...
Twitter. You Tube. Send the link to the politicians opponent's campaigns. Put it in a comment on the politician's FB page. Your Facebook page. Start a Facebook page "Senator Jones is a leech" and post the sex texts and NSFW photos, etc.
I'm sure you get the idea. IMO, these are going to be more effective than fling a lawsuit for publicizing your cause and hoping to defeat the scoundrel. Even if you file a lawsuit and pay for a presser, it might not attract media attention. Generally, the filing of lawsuits are a dime a dozen and unremarkable, it's the WINNING of said lawsuits that gets reported.
So, get blogging!See question
My sons mother moved to Virginia approximately 2 years ago. Since then she hasn't afforded me many opportunities to visit or bring my son back to NY to spend time with him. He has been having some issues with behavior and school. I recently had ...
When your ex moved, was there a NY custody order from either a NYS Family Court or divorce decree of a NYS court? That order will control. If it didn't provide you with sufficient parenting time, or you want to amend to provide for such visitation or even primary physical custody, you'd have to show a "change in circumstances" (which could be the move) to amend the order.
If there is no custody order, and even if there is, the Virginia courts would have jurisdiction under the UCCJEA, the interstate custody compact. You would have to petition those courts to amend or create a custody order with the favorable terms you seek.
I would begin by retaining a family law attorney in Virginia- you can use the "Find a Lawyer" tab on this site to look at profiles of such attorneys in the county where the mother and child live. You may be able to appear in some hearings by telephone with your local attorney, but I would plan on needing to go down there if there is a trial.See question
The lawyer that wrote my will then rewrote and getting ready to modify it for third time just sent me an intent to file suit on a completely separate matter with a neighbor on property disputes.
Technically, it might not be an actual conflict requiring sharing of confidential privileged information relating to the same parties and matters, but in my mind, this representation raises at least the APPEARANCE of conflict, in that an attorney doing estate planning for you and you being currently a paying cliens, your attorney has a pretty good idea of how deep your pockets are for a litigation war with the neighbor.
I'd ask the attorney to recuse himself, and if he doesn't, make a motion in the court in which the property dispute is pending.See question
Attorney is hired by a 3rd party to represent a client who was detained. Attorney notifies authorities and local court that she is representing the client. Attorney provides a letter to the client that attorney entered to the court stating re...
You are aware that, with some limits and conditions, a client can fire his lawyer at any time for any reason and pretty much vice versa. This may not totally resolve the issue of unpaid fees, but putting that aside, if a client doesn't feel the attorney is doing a good job, or the lawyer thinks the client is not following his instructions or can't communicate, either can get out of the deal.
It's also true that in legal representation, the client is responsible for setting overall objectives and making ultimate decisions like whether to take a proffered plea bargain or litigation settlement, the lawyer is the captain of strategy, tactics and legal issues and need not get the clients consent or inform him of EVERY operational decision made or communication with other counsel, just to keep the client generally aware of the status if his matter on a periodic basis.
With those concepts in mind, I would guess you made the attorney very nervous getting into what he thought was his baliwick in moving the case forward and have you challenging him on these decisions on somewhat nebulous and confused grounds. I'm mindful of attorney-client privilege in the not too uncommon situation where family or friends provide me with the clients retainer, but I try to be very polite and apologetic if they call when I tell them I can't talk to them in detail. But I don't assume for a minute that the caller and the client aren't closely aligned, I'm just being careful. But, all things considered when I see things emailed or faxed to the wrong parties that shouldn't be, if I were in the same position and my lawyer talked to my benefactor and they had a generally positive chat, I'd be happy and not all bent out of shape.
The fact you sent the consent back and now the attorney will have to spend four hours making a motion to the court to be relieved, which will most likely be granted (except perhaps on the eve of a long scheduled trial) both shows your flawed understanding of how these things work legally and also why you and the lawyer you are complaining about might not have gotten along.See question
I just have a legal question
Not as a matter of law. Hopefully, the illiterate person knows these are important papers and asks someone to read them to him.
But it might not be even enough to reopen a default judgment. Depends on the judge.See question
Neighbor keeps coming onto property, cops have been called multiple times. Nothing has been resolved. Neighbor claims our property is his. Situation has veen going on 20 years. Daughter has put no trespassing signs up, with warning that vilolators...
No, even assuming this property is yours (and I wouldn't be cocksure until a surveyor comes out and puts flagged stakes at the corners of the land), you can't use force against trespassers unless in self defense (and that means proving the OTHER guy is the aggressor and you had no choice but to stand and fight).
I'd look into fences - AFTER you do the staked survey and have determined there are no adverse possession issues along the boundary involving your neighbor. His behavior suggests that you don't see eye to eye on where the boundary line is and you should figure out why that is and determine with a surveyors assistance and review of potential adverse possession, who is right and who us not.See question
Recently a contractor working for the County Water District cut down several trees and my fence in two places so that they could install a water line on my property. These trees shielded my future home site from north wind and snow drifts during t...
If the tree and fence were ON the easement (that is, physically over or within the easement), you have no recourse since your ownership does not confer exclusive possession viz the County
Generally an easement is only wide enough to accommodate the purpose (the buried waterline) but it would include adjacent lands for construction and maintenance purposes, such as staging, lay down areas and work zones.
I would say that the contractors or county are responsible for repairing all damages to your property and restoring it to its original visual condition, EXCEPT it need not replace the trees if they were directly over the buried line or so close that disturbing them could absolutely not have been avoided to construct and maintain the waterline easement.
p.s. The tree trimming/cutting down issue occurs all the time with electric utilities and overhead power lines. The power company wins those disputes, since their easement is frustrated for its intended purposes if tree branches interfere with or have potential to down the power lines.See question