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Michael Emory Clark

Michael Clark’s Answers

56 total


  • How do I find the right lawyer for me?

    I'm in need of a defense attourney who has experience in federal courts, specifically fraud cases. is there a website that will help me in my search? seems like most of the lawyer's webistes show that they all do anything and everything. I'm sc...

    Michael’s Answer

    The Internet has become a good way to do some additional research into whether an attorney has the background and experience for cases such as the one you mention. The earlier answers are good. Other attorney rating sites that may be worth looking at are Martindale-Hubbell (www.martindale.com) and SuperLawyers. There are many others. Some states allow attorneys to become board certified as specialists in areas of law, including criminal law, while others don't. The National Board of Trial Advocacy also allows attorneys to become certified in criminal trial advocacy. Federal cases are traditionally more complex and expensive than state proceedings. Fraud cases are particularly dangerous because of the now-advisory federal sentencing guidelines, which are designed to place more white collar defendants in prison and for longer times. At bottom, however, you need to be very comfortable with the person you hire since this is about as critical a decision as you'll ever make in your life. Look at the person's experience (has s/he handled similar cases?), credentials, etc. to get an idea. While friends and colleagues can provide valuable input, don't blindly rely on recommendations since this type of case is not the typical one that most encounter.

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  • Can I go to jail for tax fraud and evasion

    Can I go to jail for tax fraud and evasion

    Michael’s Answer

    The statutes for tax fraud and evasion provide for punishment that includes imprisonment and the federal sentencing guidelines--now advisory--have been adjusted over the years to make imprisonment much more likely if there is a conviction

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  • What does it mean to seal a federal case?

    the feds sealed my case

    Michael’s Answer

    In addition to the above answer, there may be privacy concerns that can result in part of a case being sealed -- such as private, identifiable information that is protected under HIPAA or information that could be otherwise used for identity theft, such as social security numbers. But, as the prior answer ably noted, the most common reason for a case or a part to be sealed has to do with the government's purported needs to assure that the information isn't made public until arrests are made for individuals who otherwise may be flight risks or dangers to the community.
    DISCLAIMER
    This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for information purposes. Since the facts of each case are different, it is important to seek out qualified counsel with whom information can be shared and assessed under an attorney-client privilege so that competent and tailored advice can be provided

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  • What are medical drug researchers ethical duty to disclose findings

    If animal study of new drug do not show significant side effect ,and researchers believe that the drug may increase the possibility of potentially fatal cerebral aneurysms in a very tiny percentage of users .would it be ethical for the company to...

    Michael’s Answer

    Since Phase I testing in animal populations is meant to assess drug safety issues with investigational drugs, there could be more than just ethical issues potentially raised under the facts as you have detailed them. If federal grant monies are involved, then potentially the suppression of negative information intended to skew the results could be actionable. As far as the question of endangering animals to test investigational drugs is concerned, it is an unfortunate trade off with drug development to rely upon animal testing to determine safety issues rather than give such substances to humans. Returning to the core problem, a very slight increase in potentially fatal cerebral aneurysms in a tiny percentage of users, while certainly an important consideration, does not in itself mean that the investigational drug is a clear failure. Rather, there is a balancing test that would need to be done if, ultimately, the drug's efficacy is significant and such risks can be effectively minimized or warned. Lots of approved drugs have some serious potential side effects. But, at bottom, the suppression of negative information is more than troublesome since the integrity of the drug approval process is at issue.

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  • Stanford Capital Management fraud

    I learned today that Stanford capital management in Houston is "temporarily closed" because they've apparently pulled a Madoff. A couple of my family members have substantial amounts of money in Stanford. What is going to happen now? Should they...

    Michael’s Answer

    To the extent that there is an asset freeze, the pool of funds that are going to be available for investors will be overseen by the SEC and its agents. Basically, it is a get in line situation for many investors but there's always some benefit from having an informed representative to help interface and explain the workings of the system when so much is at stake.

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  • HIV malpractice

    If you contract HIV from a health care worker, do you have a malpractice claim?

    Michael’s Answer

    As a general rule, a malpractice claim requires showing that the person failed to meet the standard of care expected for such a reasonable person with such training in the local community. Healthcare workers, in this day and age, should be following reasonable steps to avoid transmitting the HIV and other viruses to patients. All cases require an assessment of the particular facts and circumstances, however. So, returning to the question, among the things a malpractice attorney may be interested in is trying to evaluate the proof of causation at issue, meaning how hard or easy will it be to establish that HIV was transmitted by the person being considered for a lawsuit.
    DISCLAIMER
    This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for information purposes. Since the facts of each case are different, it is important to seek out qualified counsel with whom information can be shared and assessed under an attorney-client privilege so that competent and tailored advice can be provided

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  • Medical record being withheld

    Is it legal for a doctor to withhold or refuse the release of medical records for a patient due to the non-payment of service for a different family member? I am trying to get my daughter's medical records released but the doctor refuses to approv...

    Michael’s Answer

    I would expect that your state has similar provisions concerning to this issue as does Texas, where I practice. While professionals understandably want to be compensated for their services and costs, an improper withholding of records isn't an appropriate way to accomplish this. To the extent that this is the situation, it would appear that a letter which points this information may help to resolve the problem. If it persists despite the letter, then more aggressive steps may need to be considered, including contacting the state medical board (which should post information on its site about the laws and what can and cannot be done by physicians with respect to medical records).

    DISCLAIMER
    This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for information purposes. Since the facts of each case are different, it is important to seek out qualified counsel with whom information can be shared and assessed under an attorney-client privilege so that competent and tailored advice can be provided

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  • Do legal forms need to be filled out in black ink

    the forms are patient information forms in a dental office. do they need to be in filled out in black ink only for any reason

    Michael’s Answer

    I agree with the prior answer -- but it's always important to check with the rules of court in which certain documents may be filed. More and more, it seems to be the vogue for courts to develop very detailed local rules that micromanage how lawyers practice in their courts, and address such things as the size and types of fonts that can be used, etc.

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  • IS IT LEGAL FOR A HOSPITAL TO RELABEL AND READMINISTER PRESCIBED MEDICINES BETWEEN 1 OR MORE DIFFERENT INDIVIDUAL PATIENTS ?

    NONE AT THE MOMENT

    Michael’s Answer

    Interesting question. Can you provide more details about it please? Hospital pharmacies can be involved in drug compounding activities for patients.

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  • My childrens old dr. is refusing to release medical records to their new dr. what can i do?

    the office manager says they wont release them untill a bill that was supposed to be paid by the insurance co. is paid

    Michael’s Answer

    It appears that New York State has similar provisions as to this issue to the laws of Texas, where I practice. See the link below for information from the State of New York which answers questions related to this subject. New York State Law gives patients and other qualified individuals access to medical records with some restrictions as to what may be obtained and fees that may be charged by physicians, other health care professionals and facilities for providing copies. But, in answer to the question "Can a physician refuse to let me see my records if I haven't paid my medical bill?," the site directly answers "no."

    While professionals understandably want to be compensated for their services and costs, an improper withholding of records isn't an appropriate way to accomplish this. To the extent that this is the situation, it would appear that a letter which points this information may help to resolve the problem.

    DISCLAIMER
    This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for information purposes. Since the facts of each case are different, it is important to seek out qualified counsel with whom information can be shared and assessed under an attorney-client privilege so that competent and tailored advice can be provided.

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