Is it ethical for opposing counsel to question a Witness prior to a Deposition, without both attorneys knowledge and consent?
Herb's answer
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Answered on May 23, 2018
There is nothing unethical (or unusual) about an attorney contacting a true 3rd party witness for an informal interview. But no, your father does...
Archived
How can I get my husband of 12 years out of my house?
Herb's answer
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Answered on May 22, 2018
You do have rights, but I recommend that you consult with a family law attorney.
Archived
How to sue a real estate agent who breached the fiduciary duty?
Herb's answer
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Answered on May 21, 2018
First thing to do: consult a real estate attorney now.
Archived
Terminating sanctions were granted and my answer was stricken. Do I file a motion to vacate default judgement?
Herb's answer
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Answered on May 20, 2018
The answer depends, at least in part, on whether you file opposition to the Motion for sanctions (your question is not clear on that point). If...
I was served with a motion to set aside default. In Persursant to 473 (b) he has failed to follow guildelines?
Herb's answer
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Answered on May 20, 2018
Yes, you will need to respond to the failure to state a cause of action issue. The defendant is claiming that even if he was served, your...
Archived
How would I file this, if at all possible?
Herb's answer
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Answered on May 19, 2018
You cannot sue her or her attorney for threatening you with a motion for a D.V.
What you might do instead - and I know you did not ask this...
Archived
Which specific forms do I need to fill out to stay a ruling pending a Reconsideration and appeal?
Herb's answer
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Answered on May 18, 2018
There is no special form; it is a motion that you make using the standard RFO forms (perhaps ex parte because time is a factor).
Please be...
Archived
What is privileged matter in scope of discovery?
Herb's answer
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Answered on May 17, 2018
I don;t mean to be glib, but if you tried to research the subject you would finds tens of thousands of pages (maybe more) of case, statutes and...
Archived
How do I pursue attorneys who act unethically in a way that may severely hurt my child's future-- thru a custody case?
Herb's answer
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Answered on May 17, 2018
My suggestion - if you want to take it - is to stop complaining about what attorneys did or did not do, and instead focus on the best interests of...
Archived
Defendant said he wasn’t properly served is this a good reason?
Herb's answer
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Answered on May 17, 2018
More info needed. I assume this is an appeal from a default judgment. is this a small claims appeal? If not, did the defendant file a motion...
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