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  1. Medical Malpractice: Re: Dentist Refused to Treat Me & Left Me Suffering!

    This will not be what you want to hear, but it's important that you understand how the law works in this kind of situation. When it comes to decisions about who they will serve doctor and dentist...
  2. Working With a Lawyer: Re: When Does Attorney Client Privilege Start

    The ABA Model Rules are simply guidelines proposed by the ABA as rules of conduct for states to adopt if they choose. Most states do use the Model Rules as their starting point for the rules they...
  3. Working With a Lawyer: Re: When Does Attorney Client Privilege Start

    Even as a prospective client both the attorney-client privilege and the duty of confidentiality attach to your discussion with the lawyer for the purpose of seeking legal advice and/or...
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    Re: Driveway Damaged by Neighbor

    No, I did not. I quoted your statement verbatim. What you meant by "most likely" was not well conveyed by what you wrote, as you have yourself acknowledged. It happens. I've written posts that were...
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    Re: Driveway Damaged by Neighbor

    Most likely a contempt charge? I don't think so. Contempt is the result of a violation of a court order. The OP doesn't have any court order that requires the neighbor to do anything yet, much less a...
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    Civil Procedure Issues: Re: Inadequate Defense

    The rule regarding competent counsel in civil suits has remained the same for the entire history of the country. Moreover, it is a rule used by every other nation I'm familiar with, too. There is...
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    Civil Procedure Issues: Re: Inadequate Defense

    In a civil case you cannot appeal based on inadequate counsel because the Constitution does not guarantee parties in a civil suit a competent lawyer. But if the lawyer is not competent then the...
  8. Federal Taxes: Re: Calculation of Taxes on Real Estate from a Trust

    There are appraisers that are experienced in doing historical appraisals of real estate.
  9. Civil Rights Issues: Re: Lasd False Imprisonment , Tom Bane Act of California, 148.g California Penal Code

    Your problem here is that it sounds like your detention was fairly brief, you weren't arrested, charged, or taken to jail, and you suffered no physical injury or financial loss for your interaction...
  10. Federal Taxes: Re: Calculation of Taxes on Real Estate from a Trust

    It would have if the trust had distributed the assets to the mother. But evidently the trust never did that.
  11. Federal Taxes: Re: Calculation of Taxes on Real Estate from a Trust

    The grandmother had a revocable trust in which she apparently put her home. When she died, that trust became irrevocable. The adjusted basis of the house will be the fair market value (FMV) of the...
  12. Re: Salesman Lied and then Continued to Lie

    I agree with you when the old folks involved are still fairly mentally competent. But it is no secret that the mental ability of a number of seniors diminishes as they age. Those suffering that...
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    Re: Arizona Advance Directive

    No, you do not.



    If the directive is clear, addresses the particular situation, and the health care provider is aware of it then your wishes should be carried out. If there is a problem,...
  14. Traffic Court Issues: Re: Translation of 'Tbd,' 'Tb' and 'Epayi' Case Flags in California Traffic Case Sear

    Interesting that you assume that the OP will be found guilty when you know nothing of his/her case.
  15. Federal Taxes: Re: Describe Qualified Opportunity Fund

    You really ought to discuss this with a tax attorney before proceeding. A QOF must be a partnership or corporation organized for the purpose of investing in qualified opportunity zone property. It...
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    Trademarks: Re: 4 Questions About Trademarks

    You are correct, of course. What I wanted was the word "or" rather than "and"; even then it of course would have lacked the full detail of what is required for a work for hire. I realized that after...
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    Re: 11 U.S. Code and 8239;523 Claims

    If the bankruptcy court determines that the debt was the result of fraud perpetrated by the debtor then that debt is excluded from the discharge. There is no malice needed.
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    Re: Proof Hearing

    Even though the defendant does not appear, the plaintiff may still need to provide proof of his claim or damages. The details of the claim and the applicable court rules matter as to how defaults are...
  19. Re: Are Student Loans a Negotiable Instrument

    The student loan itself would not be negotiable instrument. But if there is a promissory note executed in conjunction with the loan that promissory note may be a negotiable instrument.
  20. Deprivation of Civil Rights: Re: Can a Customer Sue a Business for Employees Calling Them Racial Slurs

    You could not successfully sue for that because no law requires an employer to fire or otherwise discipline an employee for making racial insults or slurs. If you can prove that the business...
  21. Re: Are Student Loans a Negotiable Instrument

    If you execute a promissory note as part of the loan package, that promissory note may be a negotiable instrument. You'd need to look at the terms of the note to determine that.
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    Trademarks: Re: 4 Questions About Trademarks

    You need to ensure that the terms of the web site are adequate and binding. You really need an IP lawyer to review it to ensure it will actually give you the rights to the work. Do not assume the...
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    Trademarks: Re: 4 Questions About Trademarks

    Yes, character names can be a trademark. For perhaps the most famous example, Mickey Mouse is a trademark of the Walt Disney Company.



    You may search the U.S. Patent and Trademark Office...
  24. Divorce: Re: Gag Order

    The person seeking the gag order would have to file a motion asking for it and would have justify the reason for the court to impose it. The most common reason a gag order occurs in criminal cases...
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    Re: Federal Student Loan Law

    The statute does not define what constitutes an "undue hardship". The federal courts of appeals have adopted two different tests for that. The 11th Circuit adopted the Second Circuit's test in...
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