| Subject | Date Asked | Expert |
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| Refund of Attorney's Fees | 11/16/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: An person files a case and the attorney charges a $2800 fee. The case is NOT filed by the attorney ...
A: Phil, An attorney must be diligent and protect the client's interests. If the attorney was not ...
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| moral character admission to NY BAr | 11/16/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: I am wondering what is going to happened if applicant will not put one her employment on NY Bar ...
A: I suggest your friend be honest and complete with the bar application. Worker ina cabaret is not ...
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| Custody Case | 11/10/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: My exboyfriend filed for full custody of our child. His sister is his attorney. Is it unethical or a ...
A: Veronica, It is not unethical for a family member to represent another member of the family. ...
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| Dating a client | 10/6/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: I am an employee in a design firm. I am working on a project where our client is a committee of ...
A: Beth, It depends on the policies and procedures of your company. You know this person from outside ...
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| Wills and Probate | 10/5/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: Fathers friend is an attorney who composed a new will for him 5 years ago while he was living with ...
A: Pat, The facts you state are really problematic. In most, if not all, jurisdictions an attorney is ...
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| ethics | 10/5/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: is there any code ethics for lawyers when they speak in the court?for example, they must not say any ...
A: Every state and the American Bar Association has a code of ethics. Each code contains an ethical ...
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| follow up | 10/5/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: My daughter is 16 years old and she is going for an interview with an attorney who has agreed to ...
A: Andy, No problem. I am sorry I was not clear. The attorney is your daughter's attorney who ...
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| nned to know | 10/2/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: My daughter is 16 years old and she is going for an interview with an attorney who has agreed to ...
A: Andy, Probably not unless you are authorized. You need to discuss this with your daughter and the ...
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| Does this child need a Guardian ad Litem | 9/23/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: My mother died and in her will left her house to my daughter and Granddaughter. (age 14)Does my ...
A: Joanne, It depends on your state's laws, however, your granddaughter has a legal guardian who can ...
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| Legal ethics in billing | 9/23/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: I have been represented by an attorney during my recent divorce and now during the property ...
A: Vickie, It is not ethical to double-bill. You should speak to your attorney and show him that he ...
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| waiting for bar results | 9/11/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: I am waiting for bar results in California. Recently I've been presented with the opportunity to ...
A: Chris, Unless you are an employee for the company, it sounds like the unauthorized practice of law. ...
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| ethics | 9/10/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: Is it legal and ethical for a divorce attorney to talk to the respondent?
A: Gary, I am assuming the attorney works for the petitioner in your question. It would be ethical ...
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| ethics and practicing law w/o license | 9/3/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: is it ethical or is a conflict for a paralegal to have her attorney she works for to represent her ...
A: Bobbi, It is ethical, although ill-advised, for an attorney to represent his/her paralegal. The ...
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| Unethical behavior by my financial aid officer | 9/3/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: Dr. Friedman, I have a question along the lines of Lucinda's but from a different slant. I ...
A: Laura, It depends whether you received the benefit. If it is fraudulent accounting, you obviously ...
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| unemployment | 8/23/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: I was recently let go from my job. I filled for unemployment and I won but the employers is ...
A: Latoya, It depends what your former employer is saying and whether it is true. To be defamatory, ...
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| Are Contract Administration Consultants Practicing Law? | 7/30/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: There are tens of thousands of Contract Administrators and Contract Managers employed at hundreds of ...
A: Gary, Most likely you would be practicing law without a license. Each state has its own code of ...
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| Amendment to Membership Control Agreement | 6/12/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: I am a member in a recently formed LLC. The attorney representing the LLC is not authorized to ...
A: Cameron, It is a draft until it is signed by enough of the members to become an amendment. The ...
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| Amendment to Membership Control Agreement | 6/12/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: I am a member in a recently formed LLC. The attorney representing the LLC is not authorized to ...
A: Cameron, I can only answer your question in general legal ethics terms because I don't know of the ...
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| ?Defamation? | 6/9/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: I live in Iowa. Is there a law (Iowa or National) that states a company can only confirm that a ...
A: Angela, I am not licensed to practice law in Iowa and do not give legal advice over the internet. ...
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| Unauthorized Practice | 5/28/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: I'm a law school graduate preparing for the bar, and a close family member is facing some legal ...
A: Will, Most likely it would not be an unauthorized practice of law to give your opinion to a family ...
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| Defamation of character? | 4/5/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: I have a question about whether I'd have a case for defamation of character, or something along ...
A: Becca, The issue as to whether it may be defamation depends on the truth of the matter asserted. ...
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| wrongful death | 3/14/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: i was recently appointed administratrix of my brothers estate. he was killed by a car and we sued ...
A: Donna, It sounds as if the estate was opened and the estate is the party who sued for wrongful ...
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| Attorney sent me papers regarding my settlement | 2/23/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: My attorney sent me papers regarding the amount of my settlement through the mail that was never ...
A: Richard, If you can prove the envelope was not sealed and someone else viewed the confidential ...
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| attorney related to client's fiancee | 2/22/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: My mother, who is an attorney, is representing my fiancee in a child custody case involving his ...
A: Nina, Nothing you stated sounds unethical. A family member can represent another family member or ...
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| Dating Client | 2/16/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: I am a legal secretary to a divorce attorney. Is it unethical for me to date one of his clients?? ...
A: Kelly, While it may not technically be unethical, I suggest you speak to the attorney you work with ...
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| Slander? | 2/13/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: I have told a co-worker how I have wanted to speak with the owner regarding grievances I have had ...
A: Julie, The EEOC should investigate the matter. Make sure you go in and amend your claim to allege ...
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| Complete POA | 1/22/2009 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: I we reside in Florida. My mother is 87yrs old, and i want to become guardian of her so that she can ...
A: Shana, I do not give legal advice over the internet and am not licensed in Florida so it would not ...
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| illegal activity and unethical executor | 12/7/2008 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: My son turned 21 in March and was living with me. In April his father passed away and left ...
A: Mari, Your son should request an accounting. As the beneficiary, he is entitled. The attorney ...
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| administratrix of an estate | 12/6/2008 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: my fiance's kids father passed away 6 years ago due to medical malpractice and she is the process of ...
A: Jason, I am going to attempt to answer the question as best I can without knowing which state is ...
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| health care power of attorney | 11/30/2008 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: I live in the state of North Carolina and am confused about the difference between having a medical ...
A: Patricia, It is extremely important for a patient to have a living will so that there is written ...
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| CA LAWYER CHARGING 40% IN WRONGFUL DEATH | 11/26/2008 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: I just signed a retainer for a wrongful death suit in Ca. According to this retainer, they are going ...
A: Joseph, There is no standard rate as this would be an anti-trust violation. Attorneys are free to ...
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| Paralegals & Uncontested Divorce Documents | 11/25/2008 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: As a general rule, how do lawyers feel about paralegals preparing uncontested divorce documents? ...
A: Kee, I am only aware that Arizona is the first state that instituted a licensing board for document ...
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| Paralegals & Uncontested Divorce Documents | 11/25/2008 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: As a general rule, how do lawyers feel about paralegals preparing uncontested divorce documents? ...
A: Kee, As a general rule, attorneys are against paralegals drafting any document unless it is under ...
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| health care power of attorney | 11/23/2008 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: I live in the state of North Carolina and am confused about the difference between having a medical ...
A: Patricia, Excellent question. A Medical Power of Attorney allows the person to make medical ...
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| Small Claims Court | 11/8/2008 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: I found out, through a friend, that a former landlord has filed a small claims suit against me. I ...
A: Amanda, I am not aware of any jurisdiction that allows for a lawsuit against a party that has not ...
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| defamation of character | 10/28/2008 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: If I were to tell a company that they received covered up products instead of re-made new products ...
A: Janet, One can be sued for any reason at any time, however, the question is whether the company ...
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| Defamation of character | 9/27/2008 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: Dr. Friedman, I recently worked for a company that "let me go for no reason" and "its not going to ...
A: Aaron, You can sue anyone for anything but I think you are really asking if you have a legitimate ...
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| prosecutorial ethics | 9/19/2008 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: Is it ethical for a District Attorney to bring a case to trial after indictment when he knows that ...
A: Judi, I would assume the jurisdiction has something resembling a "good faith" provision that the ...
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| iresponsible lawyer | 9/15/2008 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: I have paid my lawyer $1000 to help get custody of my two children. There is an admitted sexual ...
A: Sharon, I suggest strongly that you appear. I also suggest you let the Court know that your ...
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| Car accident | 9/12/2008 | Paul D. Friedman, M.A., Ph.D., J.D. |
Q: My son was in a car accident a few months ago and the cause of the accident was one of the ...
A: Judy, It depends on her age and your state laws. If she was over 18 when she signed the agreement, ...
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