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Am entering a fee contract with an attorney who has an 18% per annum late charge in the contract.
There is no maximum rate. A rate above 10% is not usurious because it is a rate charged on an account. You are free to negotiate the rate and all other terms.
The terms of an attorney-client are limited by "fair and reasonable" at the time of making and the doctrine of unconscionability. Since credit card companies frequently charge in excess of 30% is will be hard to argue that 18% is unconscionable, unfair or unreasonable.
If you will be unable to pay your attorney fees when due, discuss this with your attorney before hand. Failure to pay fees when due is grounds for withdrawal.See question
My uncle and aunt signed a revocable trust, my uncle passed away 3 weeks ago, my aunt is in memory care unit of assisted living. I am executor of this trust, what rights if any do I have?
The declaration of trust and any amendments need to be reviewed to advise you. Assuming you are the named successor trustee entitled to administer the trust if your aunt is incapacitated, your aunt must first be declared incapacitated under the terms of trust or by court order. If so, and if you have accepted the responsibilities and duties of the trustee in writing, you must fairly administer the trust’s assets and report to the beneficiaries. I urge you to consult local trust counsel.See question
On May 11, 2017 Plaintiff received a letter from Defendant stating that Defendant will demur to Plaintiff's Complaint on May 15, 2017 because every cause of action therein, on the ground that it fails to state a claim upon which relief can be gran...
Defendant is required to meet and confer before filing a demurrer. This is the attempt. Telephone or email opposing counsel and ask them to elaborate. To avoid a demurrer, opposing counsel should be able to highlight the issues from their point of view so that you can amend the complaint. If you plan on amending, ask for additional time. Review CCP 430.41 for additional information and how to further respond at this link: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=430.41.&lawCode=CCPSee question
My fiance and I have drafted our own prenup agreement. We were planning on taking it to a notary to get notarized and I'm wondering if this process is sufficient, or if a lawyer's signature/counsel is REQUIRED in the state of California to render ...
Any prenuptial agreement entered into without each party being represented by independent legal counsel is easily attacked. Unless the agreement concerns real property, notarization is not required.
It is unlikely, if the agreement is self-drafted by a non-lawyer, that it will accomplish its intended purpose but, instead, it may make any legal proceedings based on it very expensive.
If there is a reason to enter into a prenuptial agreement, that is reason enough to have lawyers involved in the process.See question
In California if a substitution of attorney (defendant, from attorney to pro se) includes a phone number, and an incorrect address, is the plaintiff's attorney obligated to contact the pro se defendant by telephone if the attorney knows or suspect...
Once a substitution of attorney is signed and filed, your previous attorney no longer represents you. The court and adverse parties will mail documents to the address set forth in the substitution.
If the address is incorrect, it is incumbent upon you, not your prior attorney, to file a notice of change of address.
Your prior attorney should no longer receive any documents unless a request for special notice has been filed. IMO, the mailing of documents to your last known address satisfies any notice requirements.See question
Any form I need to submit to the court to appeal theirs decision, I have MRI prove I need surgery, and 2 recommendations doctors, I need surgery. Please need help ,there is a lot of surgeries ,had of me and treatments
In most cases, you need to follow the grievance procedure provided in your contract of insurance. In some cases, arbitration of any claim is required as opposed to a court filing. Review your insurance contract and follow the grievance procedure.See question
I have worked at my employment for almost 5 years first 3 years I have not got paid for lunch nor taken a break.
You should contact an employment lawyer to learn your rights. You should be aware that an employer does not have to pay you for meal breaks unless you are required to remain on duty during your meal break. Were you allowed a meal break without pay you did not take? Have you agreed to an on duty break, in writing?See question
Will any Lawyer take a case on contingency to contest a will. Estate is worth approximately 20-30 million.
"Will any Lawyer take a case on contingency to contest a will? Estate is worth approximately 20-30 million."
Perhaps. Mr. Armstrong has provided excellent guidance. I write only to point out that, for me, a red light is your estimate of the size of the estate. If it is meant to entice an attorney, it has the opposite effect because it means that the executor will have substantial funds to fight any challenge.
You are more likely to find an attorney who will handle the case on a contingency basis after a thorough investigation of the facts, and when you have some skin in the game, i.e., you have paid a sufficient retainer and agreed to pay hourly fees up to a sum certain.See question
I have a Small Claims case here in Riverside County, CA, and I want to subpoena a company in Irvine CA documents that will help my case against the Plaintiff. What form do I use?
"I want to subpoena records for a Small claims case in California. What form do I use?" -- Use SC-107.See question
I received judgment from Superior Court of California for amount of $3533.44. I want to pay that amount but I don't know how to do it. Last week I received Notice of involuntary lien. What should I do now?
You contact the creditor or creditor's attorney. Tell them you want to satisfy the judgment in return for an acknowledgment of full satisfaction of judgment. You will need to pay before you receive the acknowledgment. Once you receive the acknowledgment, file it with the court, and record it in the county where the judgment lien was created. Be certain the acknowledgment is notarized.See question