can you have a lawyer when meeting with the attorney general office

by Prof. Tom Wunsch 5 min read

Who do I contact for questions about the open meeting law?

The Guide to the Open Meeting Law, published by the Attorney General, which includes a copy of the Open Meeting Law and the Attorney General’s regulations; and 2. A copy of each Open Meeting Law determination issued to that public body by the Attorney General within the last five (5) years in which the Attorney General found a violation of ...

What does a lawyer want to know when meeting you?

by enacting the Idaho Open Meeting Law in 1974. The Open Meeting Law codifies a simple, but fundamental, Idaho value: The public’s business ought to be done in public. One of my duties as Attorney General is to ensure that state agencies and officials comply with the Idaho Open Meeting Law. The 44 elected

When is a meeting not a meeting under the law?

The Office of the Attorney General is required to investigate and prosecute violations of the OML. The Office of the Attorney General, and any person denied a right conferred under the OML, may sue in District Court to void any action taken in violation of the OML within 60 days after the action was taken, or may sue to require compliance with ...

Does the open meeting law require public participation in meetings?

Section 402.042(c) of the Government Code requires that a request for an attorney general opinion be in writing and sent in one of two ways: By electronic mail to an address designated by the attorney general for the purpose of receiving requests for opinions; or By certified or registered mail, with return receipt requested, and addressed to the attorney general in Austin.

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What does the US Attorney General investigate?

AGs investigate and bring actions under their states' respective unfair, deceptive, and abusive practices laws (“UDAP laws”). UDAP laws tend to broadly prohibit “deceptive” or “unconscionable” acts against consumers.

What are the duties and responsibilities of the attorney general?

The principal duties of the Attorney General are to:Represent the United States in legal matters.Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.More items...•Oct 8, 2021

What types of cases does the US Attorney General office handle?

The Attorney General's responsibilities include safeguarding Californians from harm and promoting community safety, preserving California's spectacular natural resources, enforcing civil rights laws, and helping victims of identity theft, mortgage-related fraud, illegal business practices, and other consumer crimes.

Who does the attorney general of New York report to?

Governor of New YorkThe Attorney General acts independently of the Governor of New York. The department's regulations are compiled in title 13 of the New York Codes, Rules and Regulations (NYCRR).

What is the difference between Attorney General and Solicitor General?

The attorney general is usually a highly respected senior advocate of the court, and is appointed by the ruling government. ... The solicitor general is the second law officer of the state after the attorney general.Jan 14, 2006

What power does the US Attorney General have?

As the chief officer of the Department of Justice, the attorney general enforces federal laws, provides legal counsel in federal cases, interprets the laws that govern executive departments, heads federal jails and penal institutions, and examines alleged violations of federal laws.

How do I file a complaint with the Attorney General Office?

You can also request a complaint form by calling 1.800. 382.5516 or 317.232. 6330....Consumer Complaint Forms:Online Consumer Complaint Form.Fillable Consumer Complaint Form.Printable Consumer Complaint Form.QUEJA DEL CONSUMIDOR.

What is it called when a higher court sends a case back to be tried again?

Instead, the appellate court will “remand”, or send, the case back to the trial court for the trial court to actually fix or re-decide the issue.

Why do prosecutors sometimes choose not to prosecute criminal cases?

A prosecutor may choose not to pursue a criminal case for several reasons. Political pressure. ... Because the role of top prosecutor is an elected position in many jurisdictions, prosecutors may face political pressure to prosecute or refrain from prosecuting a person suspected of committing a crime. Limited resources.

How do I file a complaint with the NYS Attorney General?

ContactComplaint Form: To file a complaint, please complete the form at this link and mail it to us at:Phone: 212-416-8090.Email: [email protected] Hotline: ... NYS OAG Information and Complaint Helpline: 1-800-771-7755.NY State Police Investigation:More items...

What does the attorney general do in New York?

As head of the Department of Law, the Attorney General is both the “People's Lawyer” and the State's chief legal officer. As the “People's Lawyer,” the Attorney General serves as the guardian of the legal rights of the citizens of New York, its organizations and its natural resources.

How much does the New York Attorney General make?

State executive salariesOffice and current officialSalaryAttorney General of New York Letitia JamesNew York Secretary of State Robert RodriguezNew York Public Service Commission James Alesi$127,000New York Commissioner of Agriculture Richard A. Ball$120,80011 more rows

What is the purpose of the Board of Assessors?

A Board of Assessors may enter executive session to discuss and vote on applications for tax abatement or exemption. Massachusetts General Laws state that applications for tax abatement or exemption may only be disclosed to a select group of public officials, though certain information about the application must be made public if it is granted. G.L. c. 59, § 60. If a Board of Assessors plans to discuss the content of an application for tax abatement or exemption, therefore, the Board may convene in executive session under Purpose 7, “to comply with, or act under the authority of, any general law,” citing G.L. c. 59, § 60 as the statute requiring confidentiality. See G.L. c. 30A, § 21 (a) (7). The Board may also wish to discuss tax returns, health records, and other sensitive material that is often submitted along with applications for tax exemption in executive session, and may do pursuant to Purpose 7 by citing the statutory right to privacy, G.L. 214, § 1B, or any other statute requiring confidentiality of these records. See id. If the Board believes it can effectively discuss an application for tax abatement or exemption and supporting documents without revealing protected information, it may hold the discussion in open session. However, Boards should be aware that any document that is “used” during an open session meeting is no longer exempt from disclosure pursuant to any of the exemptions to the Public Records Law. See G.L. c. 30A, § 22 (e). If a Board has questions about how to comply with the confidentiality requirements of other statutes in that situation, it should consult municipal counsel.

How many members are there in a quorum?

By default, a quorum is still measured as four (4) members. EX 2 A general law creates a seven (7) member public body and states that a quorum of that body shall be a majority of the members serving on the body. There are two (2) vacancies on the public body, leaving (5) members serving.

What is the phone number for open meeting?

Answers are categorized by topic. If you cannot find what you are looking for, please contact us at 617-963-2540 or at [email protected].

Who can submit master evaluations?

As a best practice, to avoid the appearance of improper deliberation, members should submit their evaluations to someone who is not a member of the public body —for example, an administrative assistant or executive secretary. Where an administrative assistant or executive secretary is not available for such purpose, an individual member may receive and compile the evaluations. In either event, once compiled, the aggregated evaluation may not be circulated to a quorum the members prior to a meeting, for example by e-mail. The aggregated evaluation may only be distributed to a quorum of the members in one of two ways: (i) at a properly noticed open meeting, or (ii) via public posting to a municipal website in a manner that is also available to members of the public, as long as paper copies are also made available in the city or town clerk’s office. See Boelter v. Wayland Board of Selectmen, 479 Mass. 233, 243-244 (2018). Even if the body posts the aggregated evaluation to a publicly available municipal website, a quorum of the members of the body may not discuss it outside of a properly noticed public meeting.

Can a member of a public body email other members?

Yes, but only in limited circumstances. A member of a public body may email other public body members on matters within jurisdiction of a public body so long as the email does not reach a quorum of the public body. Communications between and among a quorum of a public body on matters within the jurisdiction of the public body must occur during a noticed meeting. G.L. c. 30A, §§ 18, 20. A public body member may lawfully email a quorum of the public body only to discuss scheduling a meeting, distribute a meeting agenda, or to distribute reports or documents to be discussed at a meeting, provided that no opinion of a member of the public body is expressed. See G.L. c. 30A, § 18.

What is a quorum in a meeting?

The Open Meeting Law defines a quorum as a simple majority of the members of a public body, unless otherwise provided in a general or special law, executive order, or other authorizing provision. G.L. c. 30A, § 18.

Can a public body communicate with a public body?

Yes, members of public bodies may communicate with members of the public through any social media platform. However, members of public bodies must be careful not to engage in deliberation with the other members of the public body through such communications. If a member of a public body communicates directly with a quorum of the public body over social media platforms such as Facebook or Twitter, that communication may violate the Open Meeting Law. Public body members should proceed with caution when communicating via these platforms.

What is an executive session?

An executive session at which members of the public are excluded may be held, but only for the purposes and only in the manner set forth in this section . The motion to go into executive session shall identify the specific subsections of this section that authorize the executive session. There shall be a roll call vote on the motion and the vote shall be recorded in the minutes. An executive session shall be authorized by a two-thirds (⅔) vote of the governing body. An executive session may be held:

Do you need a transcript for a public agency meeting?

Neither a full transcript nor a recording of the meeting is required, except as otherwise provided by law. All minutes shall be available to the public within a reasonable time after the meeting, and shall include at least the following information:

What is the open session requirement for labor negotiations?

All negotiations between a governing body and a labor organization shall be in open session and shall be available for the public to attend. This requirement also applies to negotiations between the governing body’s designated representatives and representatives of the labor organization. This requirement shall also apply to meetings with any labor negotiation arbitrators, fact finders, mediators or similar labor dispute meeting facilitators when meeting with both parties to the negotiation at the same time. Provided, however, a governing body or its designated representatives may hold an executive session for the specific purpose of:

What happens if an action fails to comply with the provisions of this chapter?

If an action, or any deliberation or decision making that leads to an action, occurs at any meeting which fails to comply with the provisions of this chapter, such action shall be null and void.

What are the requirements for OML minutes?

The OML requires that written minutes be kept of each meeting of the public body, for both closed and open sessions. Written minutes must include the date, time, and place of the meeting, the members of the public body who were present, the substance of all matters proposed, discussed or decided, the substance of oral or written remarks made by a member of the public if he so requests, and any other information which a member of the public body requests to be included.

What is a quorum in a meeting?

A quorum is a simple majority of the membership of a public body, or another proportion established by law. A meeting occurs when a quorum of the public body is present to deliberate toward a decision or take action on any matter over which the public body has supervision, control, jurisdiction, or advisory power.

How long do minutes of meetings need to be kept?

Minutes of public meetings must be retained by the public body for at least five years. Upon request, minutes of closed sessions must be provided to the person to which the closed session pertained within 30 working days of adjournment of the meeting. Minutes of closed sessions are generally not public records.

How long does it take to sue the Attorney General for a violation of the OML?

The Office of the Attorney General, and any person denied a right conferred under the OML, may sue in District Court to void any action taken in violation of the OML within 60 days after the action was taken , or may sue to require compliance with the OML within 120 days after the action objected to was taken.

What do lawyers want to see in a case?

In addition to learning about you and hearing your narrative, your lawyer will also want to see documents and evidence, both for informational purposes and to help assess the strength of your case.

How to respond to a legal complaint?

respond to a legal complaint, lawsuit, or threatening letter. research whether you have a meritorious legal claim against another person or entity. draft a legal complaint or demand letter to another person or entity, or. negotiate a lease, contract, or other agreement.

What to know before meeting with a lawyer?

Before you get too far into a meeting or conversation, the lawyer will want to know about any possible conflicts of interest that might prevent him or her from ethically representing you.

What are the goals of a lawyer?

Typical goals might include: review and provide comments on a contract or legal document. draft a will.

What is the BCL law?

The Business Corporation Law (BCL) is the main New York State law which governs how most co-ops must operate, with court decisions providing the case law which interprets the statute.

How are co-ops established?

Some background: co-ops are generally established by a sponsor which files an offering plan with the Attorney General’s office and then sells co-op shares to the public . A co-op board of directors is elected by the co-op’s shareholders, according to its bylaws. In the early phase of a co-op, the sponsor usually owns most of the shares and thus controls the board of directors. In most cases, the Attorney General requires sponsors to give up their control of the board after they sell over fifty percent of the shares, or after five years have passed since the closing, whichever comes first.

What to do if the board does not respond to an oral request?

If the board does not respond to an oral request, write a letter. Make it concise, factual and not hostile. Keep copies of any letter or other paperwork you send and notes of telephone conversations (date, time, who called whom, and the gist of the conversation) in case the matter is not quickly resolved.

What is the New Hampshire Land Sales Full Disclosure Act?

Registration. The primary statutes are the federal Land Sales Full Disclosure Act, the New Hampshire Land Sales Full Disclosure Act and New Hampshire RSA 356-C. Any condominium of more than 10 units, all "timesharing" developments, and subdivisions of more than 15 lots must register with, or formally be exempted by, ...

What is RSA 356 C?

New Hampshire's RSA 356-C covers the rights of tenants in buildings being converted from rental property to condominium or cooperative ownership. Tenants have specific legal rights during the conversion process.

What are some alternatives to real estate?

Alternative types of owning real estate, such as condominiums and timeshares, have gained in popularity over the last twenty-five years. Misinformation, and occasionally fraudulent acts, have sometimes plagued consumers and developers. Several laws require that developers register their ventures with appropriate authorities and provide potential purchasers with specific information.

How long does it take to cancel a timeshare?

In most instances, a timeshare buyer has five business days to cancel a timeshare purchase agreement. Example: While vacationing in the White Mountains, Jimmy and Jamie accept an offer to "get a free weekend vacation getaway, just for touring Rochmore Vacation Estates," a timeshare resort.

What is a condominium form of ownership?

A condominium form of ownership means that individual owners own their specific units and have shared ownership of the grounds, facilities and the like. Individual owners pay a monthly fee to cover the costs of services, such as shared maintenance and insurance. In contrast, a cooperative form of ownership means that owners own shares in ...

What is a timeshare management?

Timeshare managements are usually governed by long, complicated legal documents. Timeshare owners often have the right to "bank" or trade their rights and get access to other timeshare vacation properties. Timeshare promotions may entice you to visit with prizes or free accommodations.

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What Should I Bring?

  • Here are some suggestions for what to bring to your meeting with your attorney. 1. A pen and pad of paper or the electronic equivalent! In the course of your conversation with your attorney, you will surely want to write down notes on any issues or questions that arise. 2. A list of questions. Clients often have a million questions and concerns before a meeting, one or more of which the…
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How Should I Act During The Meeting with The Lawyer?

  • Treat your first meeting as a business consultation. While you are trying to develop a friendly rapport with your lawyer, you also want him or her to see you as a serious client with serious needs. 1. Be prompt. Lawyers value their time, since they generally bill by the hour. Showing up ten minutes late could throw off the rest of the lawyer's schedule for the day. 2. Dress professio…
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Get An Understanding of The Attorney's Fee Structure and Related Costs

  • As part of your initial meeting with your attorney, it's important to understand the anticipated cost of the representation and how this will be calculated. Different lawyers bill their clients differently. Some charge by the hour; some charge by the project, on a flat-fee or contingency basis. In the case of lawyers who charge hourly, some start out by charging a retainer, which is an initial up-fr…
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Clarify What Will Happen After The Meeting

  • Be clear on what will happen next, and then be sure to follow through on whatever you're asked to do by your new attorney. The attorney will need cooperation from your end. Commonly, a lawyer will ask you to send additional documents or information pertaining to your case so that he or she can review it in detail. If it's not clearly spelled out in your representation agreement, ask the law…
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Questions For Your Attorney

  1. How long have you practiced in this area of law?
  2. How many cases have you handled that are like mine?
  3. What was the outcome in those cases?
  4. How long does it typically take to resolve cases like mine?
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