what does it mean when someone says attorney!

Does a lawyer have to sign everything in court?

Dec 07, 2018 · The conflict may occur between the prospective client and one of the attorney's current or former clients. There can also be concerns if a client's interests are in conflict with the lawyer's professional or personal relationships. For example, if the client is looking to sue a particular business that happens to be owned by the lawyer's brother-in-law, there's a clear …

Can an attorney answer my questions about the law?

James Defense. The essence of the question is asking the court to recognize that the lawyer has called a witness to the stand on direct examination that is hostile to the claim or defense. Normally, a lawyer is given very little latitude when questioning witnesses favorable to her positions in the case.

Can a lawyer represent a client with a conflict of interest?

Aug 29, 2013 · Posted on Aug 29, 2013. It sounds like your attorney is doing a good job of covering the bases. If the guy has fairly significant assets, instead of accepting the policy limits (apparently $25k), your attorney can file suit and attempt to get a judgement against the driver for an amount in excess of the $25k.

What can prevent a lawyer from taking on a case?

Aug 05, 2017 · It's hard to say from this what the attorney meant. Nevertheless, unless he files an actual Objection with the Court, mere letters can be disregarded. You're encouraged, however, to schedule a consult with a White Plains Child Support attorney for a full assessment.

What Does It Mean When A Lawyer Says “Permission To Treat The Witness As Hostile?”

We asked attorneys throughout the United States what it means when a lawyer says Permission to treat the witness as hostile? Several attorneys resp...

What Is Permission To Treat The Witness As Hostile?

The legal term of a hostile witness means an adverse witness in a trial who is found by the judge to be hostile (adverse) to the position of the pa...

What Is A Hostile Witness Legally?

Legally speaking, a hostile witness, also known as an adverse witness or an unfavorable witness, is a witness at trial whose testimony on direct ex...

How Do You Deal With A Hostile Witness?

Your career may lead you to encounter hostile witnesses at some point.Hostile witnesses are witnesses who become hostile towards your cause after y...

How Do You Declare A Hostile Witness?

When a witness appears unwilling, to tell the truth during court proceedings, they are considered hostile witnesses.In a pre-trial statement, you p...

What happens if you are ruled as a hostile witness?

It is not common practice for attorneys to attack the credibility of a witness they are calling. They cannot ask questions about, or provide eviden...

What are the duties of a lawyer?

In the legal field, however, one of the legal duties every lawyer must observe is to avoid conflicts of interest when it comes to their clients. In fact, if a lawyer represents a client knowing that there's a conflict of interest, they can be disciplined by the state bar and sued by the client for legal malpractice.

Can a lawyer have a conflict of interest?

A conflict of interest can also occur at the law firm level. For example, even if an attorney working at a law firm didn't personally work on a particular matter (because someone else at the firm handled it), if the attorney leaves the firm, he or she could still have a conflict of interest related to that matter based on the firm's work.

What are the conflicts of interest in a lawyer?

There are a variety of conflicts of interest that can prevent a lawyer from taking on a particular case. The conflict may occur between the prospective client and one of the attorney's current or former clients. There can also be concerns if a client's interests are in conflict with the lawyer's professional or personal relationships.

Can an attorney represent a client?

There are times when an attorney may be able to represent a client despite an apparent conflict of interest, although the rules on this can vary by state. For example, a lawyer may be able to accept an individual as their client if: Each affected client provides informed consent in writing.

Can an attorney answer questions about conflicts of interest?

An attorney can not only answer any questions you may have about the scope of an attorney's obligations to their client, they can also answer other questions you may have about the law.

Why do we need a power of attorney?

A power of attorney should be created to appropriately represent the specifics of the unique circumstances and the decisions and care that need to be made on behalf of the person. “People should stay away from the internet and have a power of attorney custom drafted to your circumstances,” Furman advises.

Who determines the type of powers to grant their agent in the power of attorney document?

The principal determines the type of powers to grant their agent in the power of attorney document, which is why it should be drafted by an experienced attorney in the court so that it covers the principal ’s unique situation.

What is Durable Power of Attorney?

What Does a Durable Power of Attorney Mean?#N#In regard to a durable POA, the word “durable” specifically means that the effectiveness of the assigned power of attorney remains in effect even if the principal becomes mentally incompetent. Typically, there are four situations that would render powers of attorney null and void: 1 If you revoke it 2 If you become mentally incompetent 3 If there is an expiration date 4 If you die

What is the fiduciary obligation of a power of attorney?

By law, the agent under a power of attorney has an overriding obligation, commonly known as a fiduciary obligation, to make financial decisions that are in the best interests of the principal (the person who named the agent under the power of attorney).

What does "durable" mean in POA?

In regard to a durable POA, the word “durable” specifically means that the effectiveness of the assigned power of attorney remains in effect even if the principal becomes mentally incompetent. Typically, there are four situations that would render powers of attorney null and void: If you revoke it.

What is mental incapacity?

Mental incapacity is defined as a person being unable to make informed decisions. Additionally, mental incapacity can include persons incapable of communicating decisions, or persons with medical concerns relating to disease or injury (such as a coma or unconsciousness).

Who is Stuart Furman?

A Place for Mom’s legal expert, Stuart Furman, author of “ The ElderCare Ready Book ,” identifies the top five misconceptions that today’s families have regarding a POA. By learning from these misconceptions about a POA, you will get answers to some of the most frequently asked questions, including who should draft the signed document ...

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

What does "tendering the limits" mean?

Tendering the limits refers to an insurance company "offering" the policy limits. There is no duty to accept this unless you have specifically told them you would accept the limits if they offered them. If the insurance company offers the limits on their own , you still have the opportunity to sue the defendant personally and collect from their assets. By "tendering" the limits the insurance company is most likely avoiding a...

Is $25,000 enough for niece?

You and your niece are right to be concerned. Given the extent of her injury and amount of her bills, the $25,000 policy really is not sufficient to compensate her. Before she accepts the "tender" (which just means that the insurance company is offering the limits to settle), several things need to be considered. First, as is already being suggested, the asset search on the person who hit her is a "must do." While it...

Can an attorney file suit against a driver for over $25k?

If the guy has fairly significant assets, instead of accepting the policy limits (apparently $25k), your attorney can file suit and attempt to get a judgement against the driver for an amount in excess of the $25k. You need to ask the attorney if he/she has looked into uninsured or under-insured motorist coverage that might be available. This might...

Eric Dubinsky

While it is not completely clear what the attorney meant, the import of the statement as a whole suggests that your ex will not file any objections to the court's decision to deny his petition for a downward modification.

Peter Christopher Lomtevas

Lawyer letters are mostly trash. No child support orders are 'with prejudice'. Instead, they are subject to modification throughout the minority of the subject child.

David Ivan Bliven

It's hard to say from this what the attorney meant. Nevertheless, unless he files an actual Objection with the Court, mere letters can be disregarded. You're encouraged, however, to schedule a consult with a White Plains Child Support attorney for a full assessment.

Nancy Marie Dowling

I am confused how they would accept a decision with prejudice without a hearing... "with prejudice" means that the court will not, without rare exceptions, rehear the matter. I am not sure what the situation is but I would go back and get clarification from the attorney...

What is a sanction hearing?

A lawyer seeking sanctions must file a motion with the court. A hearing is set during which the lawyer must produce evidence of wrongful conduct. The lawyer may also suggest the amount of sanctions she believes is appropriate for the circumstances.

What is frivolous defense?

A lawyer may file a request for sanctions in response to a frivolous lawsuit. A frivolous lawsuit is defined as a complaint that has no legal merit. Sanctions for frivolous actions include payment of the opposing party's costs and attorney's fees. Likewise, a defendant may not present frivolous defenses in response to a legitimate lawsuit. Frivolous defenses are punishable by the same sanctions as frivolous lawsuits.

Why are sanctions necessary?

It is considered a serious abuse of the justice system to file lawsuits for these purposes. Lawyers may also file for sanctions if their opponents engage in needless tactics that delay the progress of litigation. Schemes designed to increase the cost of litigation may also lead to sanctions.

What is an attorney general investigation?

Those who address these investigations or actions properly have the best chance of obtaining a positive outcome. An attorney general investigation can come in many forms, from a simple letter to a Civil Investigative Demand (“CID”) or subpoena.

Is a cover up worse than a crime?

The cover-up often is worse than the crime. Third, contact experienced counsel immediately. Attorneys general commence investigations for a wide variety of reasons. Perhaps they are seeking information about, or are investigating, your industry generally.

What does experience counsel do?

Experienced counsel can help determine what is at the core of the investigation and who the real targets are – which can help limit the investigation or point it in the proper direction.

Who is David Klein?

David Klein is one of the most recognized attorneys in the telemarketing, technology, Internet marketing, sweepstakes and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

What does it mean when a D.A. declines to file a criminal case?

When the D.A. declines to file it means you were not charged with a crime, and of course not convicted. However the arrest still is there. It may be possible for you to have the arrest removed by asking the police agency that made the arrest to make a finding of innocence. If that fails you are allowed to ask a judge to do it. It is a good idea to have a lawyer at that stage

What does it mean if the DA is not filing charges?

If the DA is not filing charges on your DUI it means that your record does not shod a conviction for the DUI. The DA may be waiting for the lab results or for some other evidence that is being processed. They have a year in which to file. If you contact me we can discuss the facts surrounding this incident and I can give you a more complete answer.

Why did the DA write a letter?

The DA wrote that letter because after a review they did not feel they had sufficient evident to convict you of a dui. You will have no record of a conviction however you will have a record of an arrest.

Can you file charges if you have no criminal record?

Yes, not filing charges means, you have no criminal record. Nothing will show up in a records check by employers, who are only entitled to conviction records (not arrest records).