Archived
We are an interracial couple flanked by two families that have been harassing us for years. Do I have some kind of case?
Herb's answer
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Answered on March 24, 2015
First, your family may be entitled to a civil harassment restraining order against your neighbors.
Second, you may have a case for damages for...
Archived
DOES THE LITIGATION PRIVILEGE APPLY TO MY LAWYER SENDING EMAILS TO OPPOSING COUNSEL?
Herb's answer
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Answered on March 24, 2015
Neither privilege applies here. The attorney-client privilege belongs to you, not to your attorney. But it only protects communication between...
Archived
I intend to adapt "circleville letters" into a fictional dramatic web or TV series, but am worried about "libel"
Herb's answer
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Answered on March 21, 2015
You ask "Can I get sued for libel or anything else if I am using entirely new character names / backrounds?" And the answer is yes, you can be...
Are notorized statements admissible in court as witness testimony?
Herb's answer
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Answered on March 21, 2015
One additional point: a "notarized" written statement has no force and effect at all for the purpose you are pursuing, A notarization only proves...
Archived
Can you sue someone who doesn't have any money?
Herb's answer
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Answered on March 21, 2015
I generally agree with my colleagues, but I write to question the concept of someone "who doesn't have any money." someone who doesn't have any...
Archived
We have a case w/2 defendants- 1 prevailed on a 425.16 and is on appeal. Can we file 1st amended complaint to target 2nd defend?
Herb's answer
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Answered on March 20, 2015
Yes, you are at risk for a second anti-SLAPP motion if you file an amended complaint. Further it is not clear why the second defendant has not...
Archived
5 yrs after my lawyer acted unethical can i still file a civil suit against him if my appeal on ineffective assistance of counse
Herb's answer
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Answered on March 19, 2015
Congratulations on winning the appeal, but this must have been a 6 year nightmare.
As for your question, I suggest that you consult with an...
Archived
When you are sending final disclosures can you use TBD, if you are not sure of an accurate amount of what a property is worth?
Herb's answer
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Answered on March 19, 2015
I am moving your question to Divorce where you are likely to be seen by attorneys with experience in this area of law.
Archived
How do I find an ethical, talented trial attorney to defend my Mom's estate against a disinherited family member?
Herb's answer
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Answered on March 16, 2015
There is no easy answer to your question. Lawyers come in all shapes and sizes, so to speak, and there is no one who can guarantee how your case...
Archived
Can I appeal a decision by a family court judge?
Herb's answer
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Answered on March 16, 2015
Appeals from family law cases are heard by the State Court of Appeal (not a special family law appeals court). The State Court of Appeal district...
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