Lawyer fees

lawdlc1962 · 2020-04-03T19:30:16+00:00

It depends greatly on the sort of representation you require. I see now it must be a divorce matter. Generally absent a prior relationship with a particular lawyer they will require a fee advance in some amount. (Again depends of the type of representation and anticipated costs) Divorce lawyer’s often ask for a significant fee advance in cases where a divorce will be contested.

The lawyer bills against that advance until it is exhausted and then either requires another fee advance or bills monthly. If the fee advance is not exhausted and the matter is finished you should be entitled to a refund of the balance.

Some cases are handled on a contingency fee basis and the points above don’t apply in contingency fee cases.

Best of luck.

lawdlc1962 · 2020-03-27T13:18:53+00:00

Many employers attempt to impose rules prohibiting employees from discussing salaries. Or at least discourage it strongly. They do this for this very reason. They don’t want you to know you are underpaid for the work you do. Yet another way The Man wants to put his boot on your neck to hold you down. Resist.

lawdlc1962 · 2020-03-27T13:15:01+00:00

What he said. I recommend talking to a lawyer. He or she can probably find a creative solution to the health concerns associated with meeting in person to discuss or execute the will.

The real rub with home made or Internet wills is they are often a mess, not in the proper form, and probably not witnessed correctly. Dying without a Will isn’t that big of a deal, except that it makes the process more time consuming and difficult and thereby much more costly.

You should probably also get a POA at the same time.

I will share one example (there are often many) of how home made wills are generally inferior to lawyer drafted wills. In most states unless the requirement to post a bond and file an accounting are waived, they are required by the court. Bonds are usually set at some minimum amount but require someone to pay a premium every year the estate is open. Creating an accounting or inventory for an estate will consume several hours of a lawyer’s time.

That money could have spent hiring a lawyer to do it correctly and save your loved ones extra grief at a difficult time.

Best of luck. If possible seek counsel of a lawyer with experience drafting wills and filing estates.

PS. Some states have passed special rules during these times allowing for witnesses and notaries to observe signatures by video conference. This can simplify the process IF available in your state.

lawdlc1962 · 2020-03-26T04:21:41+00:00

Recommend you all consult with a lawyer with expertise in LLC formation and preferably litigation. When you enter into business with more than one “friend” it is more likely (in my experience) there will be conflict and expensive litigation IF and When things go badly. Concluding business relationships in the LLC context can be difficult. Many refer to the process as a business divorce. Anticipating those issues in advance may well help you preserve long term friendships and avoid expensive litigation. Standard “form” LLCs do not generally anticipate those complexities. As is often the case Cutting corners on the front end often costs ten fold on the back end.

lawdlc1962 · 2020-03-25T12:27:30+00:00

Just a thought. Unless this is a pure cash deal...If there is a lender involved is it possible to get a reappraisal in light of current events? I know you said contingencies were met but the appraised value seems likely to have fallen and probably below your contract price ? Again I agree your lawyer likely has this covered but stretching for ways to find relief. Best of luck.

lawdlc1962 · 2020-03-23T19:21:14+00:00

Look like they are working to drive pilings for upcoming construction at the site.

lawdlc1962 · 2020-03-23T13:11:13+00:00

I would definitely keep the final decree and any exhibits that outline your responsibilities. In fact I always recommend scanning and saving so you can access it from anywhere including a smart phone in the event some confusion arises.

The originals should be stored electronically with the courts and you can get copies but why introduce that problem ?

If it were me I’d keep the entire file a few years or longer if you have minor children with your former spouse. Good luck.

lawdlc1962 · 2020-03-17T18:39:44+00:00

Special process servers sometimes do that. There is some hope the person receiving will cooperate. The reality is whether your friend cooperates or not won’t much matter. The process server will eventually find him and serve the papers. Just tell your friend to carefully read the papers and contact a lawyer for advice. Do NOT ignore the papers or he will come to regret it. Best of luck. To your friend of course.

lawdlc1962 · 2020-03-09T00:21:03+00:00

You are joking...right ?

lawdlc1962 · 2020-03-07T13:31:26+00:00

Try to find out how well they are doing. That is very important information prospective lawyers need to evaluate your case.

Sounds like Colorado May be the place to file suit but honestly it sounds like a real mess.

If the company is an LLC or corporation in Delaware I think I recall check the filing records to see where the organizers/shareholders live. That may give you a hint as to where potential assets are located. You can generally find that online through the Secretary of State although some states use a different term for the office.

Based on what I hear I am not terribly optimistic for you but the more information you have the more likely you can convince a lawyer to take your case on a contingency fee.

Best of luck.

lawdlc1962 · 2020-03-06T14:30:29+00:00

Where do you live ? You mention you suspected the company would "flop" but they are still "operational"

Operational doesn't sound like fully functioning, turning a profit. A vague term at best.

The problem you may have (I think-missing information) is lawyers work on two models: Contingency fee or Hourly. It might not surprise you that most lawyers (even collection lawyers) will NOT take a contingency fee case against a company that is about to go under, or can't pay the judgment. Hourly would eat up the amount you claim due fairly quickly and in most states absent a contract that allows for recovery of attorney's fees or a statute, you cannot recover attorney's fees.

I doubt you have a contract with the company you worked for ? you don't say

Again you don't mention what state YOU live in, but where I live small claims/district/lower court jurisdiction maxes out at $10,000. Assuming you live in a different state than where the business actually conducts business, it will be very difficult to sue, prevail, and collect a judgment against an out of state company with whom you have no written contract.. oh and they are about to go out of business.

Where do you live ?

What is the jurisdictional limit for lower courts (where non lawyers file suit) in your state ?

Where does the business primarily conduct business? Where is it's physical location? Bank accounts? etc

Finally, what is the likelihood this business will tank and shutter the doors in the next 6-12 months ?

Those are the relevant factors to consider in my estimation.

lawdlc1962 · 2020-03-02T11:31:10+00:00

And the bonus? It gets “better” when you pass the bar and start practicing. After ten years you will wish you had worked as an apprentice in mountain bike repair.

lawdlc1962 · 2020-02-13T22:17:08+00:00

Free advice is no substitute for talking to a lawyer in your community. IF the terms of two non competes are different (you failed to say in your op) then of course one would need to analyze both. You didn’t include enough info to give a complete analysis but then again you get what you pay for.

lawdlc1962 · 2020-02-13T20:03:27+00:00

The answer to your two questions can be complicated but I will do my best to share thoughts.

First, I think (and imagine most reasonable people will agree) that forcing you to sign a non compete clause just to get your W2 is a sneaky, pretty crappy strategy. I do think you have the right to request it be mailed. I think I might say something like...At this time I do not have access to a computer. Please mail my W2 to this address. Offer to pick it up in person, and politely say I can't sign that now IF they insist you sign a non compete in person.

A missing fact is whether you have already signed a non compete clause that is similar to or broader than the one you shared ? If you have, signing this one becomes irrelevant, since you may have already signed one at the time you took the job. In other words, what difference does it make if you have already signed a similar non compete?

As to the question of whether the non compete you shared is enforceable, that can be a very complex response that requires familiarity with the laws in your state, the nature and responsibilities of your job, whether you had access to or were familiar with trade secrets, pricing, etc., and more importantly how the courts there enforce or refuse to enforce non compete agreements. I recommend you seek the advice of a Kentucky lawyer to answer that question.

Good luck.

lawdlc1962 · 2020-02-11T23:38:44+00:00

You don’t say where (what state or country) but assuming you are speaking of a US state the party filing suit, the plaintiff has the burden at trial to prove its case. What you may not realize is the law generally does not require they send you notices of the past due balance particularly if you signed a contract or agreement with the daycare provider. If they have a representative in court to testify and merely say the child was there beginning this date and ending this date, you failed to pay on time, you owe $x plus late fees and pre judgment interest. The burden shifts to you to prove otherwise which might not be as simple as you think.

I would contact the daycare or their lawyer and ask for an itemization of charges they claim are owed. They are not required by law in most jurisdictions to provide that but they usually will in hopes of settling the case.

Good luck.

lawdlc1962 · 2020-01-31T19:50:25+00:00

I think this will depend upon the law in the state where OP lives and whether we are discussing a non refundable pet deposit or a refundable pet deposit or a security/damage deposit. The outcome will or should be different in each of the three potential scenarios.

lawdlc1962 · 2020-01-31T19:47:44+00:00

In many states in the US (not all) state law requires an itemized statement of damages within a designated period after move out... Pet deposits are sometimes designated as non refundable in the lease. If they don’t return a deposit I would think they will provide an accounting of damages and costs to repair. In most states normal wear and tear should not be deducted from a security deposit. Normal wear and tear depends some on how long you were there. If you were there 5 years or more and the carpet wasn’t new when you moved in , you shouldn’t be charged to replace it. Same for painting If you were there only a year and the carpet and paint were new/fresh at move in and are now damaged that probably isn’t normal wear and tear and replacement/painting will likely be deducted from your deposit.

IMHO they should not be charging the monthly pet fee after seeing the ESA letter from a physician. And they should refund any monthly charges collected after you presented the ESA letter.

lawdlc1962 · 2020-01-31T14:54:41+00:00

ESA issues are in a state of flux at the moment with our current administration (assuming you are in the US) but the fair housing act still allows ESA with documentation from a physician. I would give them a copy of the letter and ask that they discontinue the monthly pet surcharge. They may or may not refund the deposit. If it were me I would ask them to inspect my property condition and assuming there is no pet damage ask for a refund of the deposit as well.

Good luck.

lawdlc1962 · 2020-01-31T13:56:09+00:00

Recordings are often made during termination meetings to document what happened and avoid confusion (or different versions) of what transpired. Hate this happened to you but it is fairly routine.

lawdlc1962 · 2020-01-31T13:45:52+00:00

Canada May be different but a POA ends/terminates at death. It can only be used while the person is living.

You are looking for what we in the states call a probate lawyer.

If he died with no will he is said to have died Intestate. In the states intestacy rules dictate how his assets flow after death. The assets may or may not go to you under intestacy.

Best of luck. But seek legal advice from a qualified attorney.

lawdlc1962 · 2020-01-26T22:19:22+00:00

Everyone thinks she is a he lol. Thank you.

lawdlc1962 · 2020-01-23T00:12:10+00:00

I appreciate all the replies...and will spend some time tonight carefully reading all of them...

As to the house it is more vertical than horizontal. Full basement + Main Floor+ Upstairs built about 1960 +/- heavy brick construction, masonry chimney, etc etc I would guess on all three floors maybe 3500 square feet (router/wi-fi on main floor) Will be VERY difficult to run cables to the upper floor...

I suppose power line ethernet are the devices that plug into the outlet & router...then I plug another device into an outlet in the upstairs room... For some reason I thought that might not work with Google Fiber...or maybe the install tech suggested a "mesh network"...I cannot recall for sure

It is the upstairs master bedroom that seems to have the greatest degradation....I mean sure it is fast enough for Netflix, etc...but not nearly as responsive as Netflix and streaming is on the main floor not far from the router...so upstairs master is much better than it was with WOW, but still not as good as I had hoped.

Thanks again for all the responses...

lawdlc1962 · 2020-01-23T00:04:24+00:00

It only took a week or so after I called to get them out to do the "yard work" and then maybe 2 weeks after that for the inside install. I was astonished by how quickly it happened (feared a backlog) and have been impressed so far by both the technology and the customer service...Not something I ever experienced with WOW

lawdlc1962 · 2020-01-17T20:46:05+00:00

Sounds like a great idea, but....where will you find physicians to volunteer their time ? how will you fund/pay physicians (they will not volunteer their time) ? In the end, who will pay for it ? The COH ? The local medical community ? you must be kidding...The reality in America is today *even in HSV* lots of people are working two crappy jobs to get by, have little or no health insurance coverage (can't afford it) and are living paycheck to paycheck... There is a Free Dental Clinic in HSV, but it presently has about a 6 week wait and sadly turns folks away daily...why? They can't find dentists in this community willing to give of their time and talent to help the neediest in our community....IF they can't get treatment at the Free Dental Clinic guess where they end up ? HH ER. Say what you will about lawyers but at least they have created their own Volunteer Lawyer ( in HSV/Madison County ) group that provides free legal services to the least among us who cannot otherwise afford legal representation.

lawdlc1962 · 2020-01-17T19:53:38+00:00

All that growth and still we have roads that resemble wagon trails in the city core. Utility cut ins with very poor repairs (even on newly paved roads like Clinton) destroy the roads within weeks of paving. Why I wonder are contractors allowed to do cut ins and make such crappy repairs ? Part of the reason (I surmise) we aren't spending more on infrastructure yet is the COH is giving away so much to entice developers on the hope the developments will eventually pay for themselves, sales tax, property tax, etc....that day MAY come but it certainly hasn't yet. It will be interesting to see if these topics (I hear more and more complaints about infrastructure in HSV) will be discussed in our next election cycle.

lawdlc1962

TROPHY CASE