Can I get my money back?

I signed for a sports book service. Signed a non refundable document. 3 days later want to cancel. Can I get my money back?

None

Nathan’s Answer

The written document controls. For a small fee, an attorney who has experience with these types of documents can easily ascertain if there is an out.

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Professional ethics

Is this a violation of attorney/client privilege?

I hired an attorney that my mom recommended. During the period of my case, I came to find out that the e- mail correspondence that I was sending him, he would forward to my mom and discuss my e-mail with her. I have a copy of my email forwarded from him to my mom's email. She left her email open on the computer which is how I found out. Is he allowed to discuss anything with my mom and send her my email? I was under the impression that my correspondence would be confidential regardless if he knew or was a friend of NY mother.

Nathan’s Answer

If you are under 18, it may be proper. If you are over 18, even if she is paying, it may be improper. A lot depends on whether your actions at any point constituted a waiver of privilege, and whether the information itself is privileged.

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Criminal defense

New law on Cal Bre not being able to use expunged felony to deny a license.

I read Governor Brown signed a law barring agencies like Cal Bre to deny felons with expunged record. I have a misdemeanor dui in 2006 and Posession with intent in 2011, which will be expunged in March. I've been clean for all that 3 years and been going to therapy as well. I know my letter of explanation to Cal Bre will be important. But can I or should I get letters of recommendations? Also, should I get my 2006 misdemeanor DUI expunged before I apply? One last thing. Does Cal Bre look at arrests that was dismissed? Thank you for your help.

Nathan’s Answer

Licensing agencies have the power to look past even an expunged conviction to the underlying facts. You may need to demonstrate rehabilitation regardless of whatever the disposition of the convictions. You may be admitted under probation or restriction, and it may cost a lot to follow that regime but at least that gives you the opportunity to become licensed. However, that is not guaranteed. You may be denied outright, and then if you are serious about getting licensed, may need to consider going to an administrative hearing (trial basically), or you can wait to reapply after a certain amount of time has passed.

It helps to expunge any convictions as it shows the BRE that you are serious about rehabilitation. However, that alone may not be enough. Can you prove you have been clean? Also, if you have been going to therapy, the BRE may inquire. Letters of recommendation will only be 1 piece to the puzzle. You have enough matters on your plate as an applicant that it behooves you to seek personalized guidance from someone who practices administrative law.

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Child support

I question my lawyer's business ethics, what can I and should I do?

I've hired this lawyer for over 3 years to handle the custodial case of my 2 children. Even though a lot of times she is not very accessible, I stick to her, always pay her bill on time with a rate over 300.

Last week when I turned in some paperwork to her office, the paralegal informed me that I was appointed a freshman lawyer at her firm. I was not contacted by any form on this change. When I asked her about the change, she did not really explain it to me, and was very dismissal. And I am charged at her rate, not the new lawyer's.

What can I do now? More importantly, I have my final and most important court trial in less than 2 weeks, how to minimize the negative impact on my case. After 3 years and huge expenses,last thing I want is to lose my case because of my own lawyer!

Nathan’s Answer

You state that you are being given the cold shoulder. You may hire an attorney for a small fee to communicate with your attorney to try to straighten things out as that is one maneuver that probably can't be ignored.

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Professional ethics

What is the best way to locate and retain the proper attorney for a specific legal issue?

I totally understand that time is money for attorneys as it should be. Nevertheless, I find the process difficult and confusing and getting expensive. For example, I paid an attorney 500 dollars for 1 hour initial consultation. I only got about 25 mins when he kind of brushed me off so I left. I needed an employment attorney w experience in education law.

Nathan’s Answer

The best strategy is to call 3 or so attorneys and ask them if they provide a free consultation. Some will, some won't. Very generally speaking, if the attorney is highly technical, they'll usually want a consultation fee. If they are more personality driven, they'll do a consultation for free. It just depends on what kind of advocate you want working for you.

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Professional ethics

What is the best way to locate and retain the proper attorney for a specific legal issue?

I totally understand that time is money for attorneys as it should be. Nevertheless, I find the process difficult and confusing. For example, I paid an attorney 500 dollars for 1 hour initial consultation. I only got about 25 mins .

Nathan’s Answer

The best strategy is to call 3 or so attorneys and ask them if they provide a free consultation. Some will, some won't. Very generally speaking, if the attorney is highly technical, they'll usually want a consultation fee. If they are more personality driven, they'll do a consultation for free. It just depends on what kind of advocate you want working for you.

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Professional ethics

Can I assist my client?

I am wanting to know that if my client authorizes me to make decisions on his behalf or hires me to assist them on a matter as a consultant or assistant, can I hire an attorney on their behalf? Basically the company is designed around providing normal people with an executive assistant type experience for things they lack know how or time to deal with on a contractual basis. If I was hired to handle something like a traffic ticket (not represent them in Court or anything, just file paperwork and take care of the busy work) what would be the restrictions on me hiring a lawyer on their behalf?

Nathan’s Answer

Are you an attorney? Then you already know the answer.

If not, it is more likely they are your customers, not clients per se. Otherwise you may be running afoul of unauthorized practice of law.

The restriction on you hiring a lawyer on behalf of your customers is that a lawyer will most likely want a fee agreement between himself and the client. If there is no attorney of record, and you are sending special appearance attorneys, you are asking them to be attorney of record. Not many attorneys will do that even though it is a low risk area - nonetheless, if this gained the State Bar's attention (through the judge/commissioner) there could be problems.

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Business privacy laws

May my therapist discuss things with my mother

Im 22What happened is my parents are making me see a therapist because I dont have a job and show no interest in tv shows and movies.My mom went with me on the first day and explained all this.I signed

A confidentiality form .my therapist asked me if i have any problems at home i am dealing with . I

told the therapist my parents dont give me my mail and almost got me

Arrested by ripping up my jury duty papers.My therapist also recopmmended me a computer sciemce job and said dont miss the deadline.the thing is I am not a big computer fan so I didnt turn in application. I physically overheard my therapist ttalk over the phone to my mother,which had the therapist tell my mother that i told on them about throwing away my mail, that I missed deadline for jobmy whole family is mad I ignored job

Nathan’s Answer

I think it is difficult to move out without a job. I suspect your parents are utilizing the power of the purse in that they continue to support you but under condition you do this or that. This is very common.

HIPAA may have been violated unless you signed consent to share Protected Health Information (PHI). HIPAA does not usually have a private right of action though. California privacy laws may have been violated however, and a violation of HIPAA can be used to demonstrate a professional's falling below standard of care. You may ask your therapist for a copy of anything you've signed, and if you've waived confidentiality, you can rescind that if you no longer want 3rd parties knowing the contents of your PHI.

Bill medical for a service

Why can't they bill medical for a service a year ago since I had medical back then?

On October 2013 I went to the hospital for a pregnancy issue, gave them my medical information. I didn't know they worked with an outside imaging place, now this imaging place is billing me for that service.

Nathan’s Answer

There may have been a miscommunication between the hospital and the imaging place and any other entity in between. If you had medical back then, they may honor that assuming this delay was in no way caused by you. If they do not, and the fees are significant, you may want to contact an attorney to contact them on your behalf.

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Business litigation

Can I sue the DMV?

In October of 2013 I went to the DMV took my written test passed with 100% paid my $35.00

an I was issued a temporary license and told I would receive my hard copy in three weeks.

its been ten months No hard copy yet , I was recently pulled over an the officer told me my license

was expired, DMV'S answer to this was, that I had not paid a reinstatement fee over twenty five

year ago in the state of Minnesota, my question is, they new this before they issued my license so

why did they take my money for my license when they new this would happen? This is bad practice can I sue them for this?

Nathan’s Answer

You were issued a temporary driver's license where you were allowed to drive,. It sounds like you didn't follow up to obtain the full license. If you had, you would have learned of this issue. Instead of suing, which may end up costing you a lot of money for no gain, you might want to work something out with the DMV, and/or the government of Minnesota. An attorney can help you with that without the need to sue.

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