How can I tell my attorney if I want to change an attorney?

My attorney is a bit too slow and seems to be not informative on my case. For example never keep me updated on the process/his strategy, present the opposite's evidence/materials to me and a bit drag time. Do I have right to change an attorney before the next hearing? How can I tell my attorney if I want to change another attorney to represent me without making him feel bad? Is there any consequences of changing attorney between 2 hearings?

Nathan’s Answer

It is important for both attorneys and clients to be communicative with each other at a tempo that suits them both. Generally, one of the obligations of an attorney is to update the client and one of the obligations a client has is to be truthful with attorney.

It is never a bad idea to field your concerns to the attorney directly. Speak with them directly and find out what is going on on your case. If they cannot allay your fears or anxieties, perhaps you can simply advise the attorney that they are not a perfect fit. ON the other hand, the attorney may be receptive to your concerns, and do their best to provide representation to your satisfaction.

Do keep in mind that what you perceive as slow may simply be the attorney doing his job, but things like the natural course of litigation or negotiation winding their way through. It never hurts to ask specifically where your case is, and what the next steps are.

Can I apply for my real estate license with the possibility of an arrest when I was under age?

I stole a bottle of liquor from a store. the hidden sherrif caught me before I left the building and was taken down to the staTion but my mom picked me up and I was under age I think at the time. I dont think I was booked or anything but the real estate application has a phrase including any disclipinary action and I feel like that might have been disclipinary action that may disqualify me. should I disclose?

Nathan’s Answer

Many state license applications have information or guide sheets for help in filling out the application that state something like the following:

Convictions occurring while your were a minor (under 18 years of age) must be disclosed unless the record of the conviction has been sealed under Section 1203.45 of the California Penal Code or Section 781 of the California Welfare and Institutions Code.

It is not clear if you were ever convicted, or if you were, whether the conviction was sealed. This language focuses on actual convictions.

As to disciplinary action, the Bureau of Real Estate (formerly known as the Department of Real Estate) says the following on their website:

"Failure to disclose any criminal violation or disciplinary action in an applicant's entire history may also result in the denial of a license." http://www.dre.ca.gov/Examinees/RequirementsSales.html (accessed 10/6/14)

A juvenile detention or adjudication may be interpreted as a disciplinary action, but as pointed out, typically it is not. That is why it is advised that you speak with qualified counsel who can assess the facts behind the juvenile incident, and inspect records and obtain facts that would help in making an accurate determination on whether disclosure is required or not.

The following might be helpful to give you an idea of the lay of the land regarding convictions and disciplinary action as generally viewed by the Bureau:

http://www.dre.ca.gov/files/pdf/forms/re229.pdf

http://www.dre.ca.gov/files/pdf/forms/re222.pdf

My brother committed suicide and I am wondering if I have a case against his psychiatrist.

My brother committed suicide via a gunshot wound to the head. Prior to his act, he was seeing a psychiatrist and we found out that he had mentioned wanting to purchase a rifle for hunting. This was never brought up between them before, it was completely out of the blue. My brother was mentally ill, diagnosed with Tourette Syndrome at a very young age, and studdered severely. Just glancing at him would give someone the immediate impression that he was ill. If you read between the lines, it was evident that he wanted to purchase a rifle was for a hidden agenda. My questions are - Did his psychiatrist have a moral and legal duty to inform us of his admission? If so, can we sue for damages?Please let me know your thoughts. Please help - we are absolutely devastated. Thank you very

Nathan’s Answer

I am sorry for your tragic loss. I cannot imagine how terrible a feeling it must be to have lost a loved one under these circumstances. My prayers are with you and your brother.

A psychiatrist is under strict legal and ethical rules to protect a patient's confidentiality. Without a serious threat of violence to one's self or others, it would be difficult to prove that the lack of reporting by psychiatrist was a substantial factor in one's death.

What law is broken driving vehicle over 26,000lbs with class c license

I have a class c drivers license in California what law is broken if I drive vehicle over 26,000lbs. with "air brakes"?

Nathan’s Answer

Please contact the Department of Motor Vehicles.

Telephone: 1-800-777-0133

Hearing Impaired: TTY 1-800-368-4327

Call Center business hours are: Monday, Tuesday, Thursday, Friday 8 am to 5 pm, Pacific time and Wednesday, 9am to 5 pm, Pacific time.

Can a C-7 contractors license be used to obtain an alarm license from the Bureau of Investigative services in California?

In the information about licensing section of the ALARM COMPANY OPERATOR AND ALARM COMPANY OPERATOR QUALIFIED MANAGER application it states: "Note: A C7 or C10 license from the California Contractor’s State License Board may be used in lieu of the 4,000 hours of compensated experience. Please submit a copy of your C7 or C10 license in place of the Qualifying Experience form when completing your application packet." It does not state how long the contractors license must be held before it can be used to obtain the alarm license can someone tell me how long? California makes it very difficult for someone to start an alarm company.

Nathan’s Answer

There is no time limit for how long you must have held a C7 license (which has its own requirements).

It can be an arduous process to start an alarm company but consider that before January 1, 2013, C7 license holders were required to adhere to the 4,000-hour requirement with no exception. At present, if you have a C7 license, you can directly take the Alarm Company Qualified (ACQ) Manager exam and upon passing, apply for an Alarm Company Operator (ACO) license.

Do I have an hipaa case against the nurse

was treated for a domestic violence injure. the nurse upon finding out my address and name said oh i used to live there i know just who to call. she is friends with my ex husband whom i am hiding from. she then called police on the matter even though an arrest was already made and the matter is being handled. she can and explained the police were not coming I was at fault. she then was gossiping and slandering me to the other nurses about my personal information. I feel I am now in danger because my ex husband now knows where I am and that I was treated at a hospital and where. I know am going to have to relocate again. which is very stressful.

Nathan’s Answer

A possible breach of HIPAA may be used to establish a violation of professional standards of care if such a violation exists. To what extend slander or disclosure of private facts existed will determine much of how HIPAA's violation can demonstrate breach of professional standards of care. This is a very fact intensive case and will rely on a thorough evaluation by an attorney of your chances of success.

Warehouse Landlords Exit Mediator Harrasing me.

Our lease extension on a warehouse has expired on Sept 30th. We are currently still looking for a new warehouse but they want us to exit out on the 6th. They sent a notice about a month ago but have been very busy on business trips the past few months. Told them I will need until the end of the month to be able to get out. We have high racks setup and its not easy to get the right fit warehouse. Forcing us to an option that will make us move twice and spend a lot of money. Warehouse is in escrow and might fall off because we are still here. Theyve been trying to sell it to us before but we were not able to decide yet because of trips and new business developments. Whats the legal way to make sure they dont do something that my business suffers?

Nathan’s Answer

If an unlawful detainer is filed against you, if service was improper, or if the complaint is defective in a material way, you may file motions before filing the answer that would assist you in obtaining more time. It may be in your best interest to work something out with the landlord, since a win-win situation is ideal. It sounds like you genuinely might be interested in buying and this desire, reflected in negotiation with the landlord, might be enough to forestall eviction proceedings.

My girlfriend just purchased a house and, although fumigated prior to closure, we recently found live termites. Options?

agent can take steps to pressure the exterminator and we are meeting with him today. work done to repair house after tenting used sub-standard materials (exterior wood not treated) which appears to be an unacceptable oversight. he says that he did everything he was legally contracted to do but he appears to have cut corners. neither of us knows the full deals so want to know what questions to ask and what our rights are...

Nathan’s Answer

The information presented by my colleagues is accurate. If after the meeting there is no resolution, it may be wise to contact an attorney to send a demand letter. You can use the "Find a Lawyer" tool to find an attorney near you.

U.C. Davis Medical Center is trying to charge me over $5,000 for participating in a clinical trial based on my rare disorder

I suffer from a VERY rare form of Macular Degeneration called Rod Cone Dystrophy which has made me legally blind. The Davis Med Cntr wis doing a clinical trial for folks like myself in which they extract bone marrow while awake (something I suggest NEVER doing), separate stem cells from the marrow and inject them into the subjects eye (it was my left eye).

Now Davis is claiming I owe over $5,000 for testing and they will not give me a complete and detailed billing statement nor will they give me a list of services provided. All I can get from them is a threat that if I don't pay then they'll submit the bill to my credit reports.

Nathan’s Answer

If you are having difficulty obtaining a billing statement, contacting an attorney to acquire such, and to negotiate on your behalf might be a prudent move. Otherwise, collections might be asked to attempt to acquire the full $5,000, with them assuming your obligation to pay that amount exists, even if no such proof has been provided to you.

Changing legal council in between on going case

I am in the process of divorcing and is thinking of changing to another legal council. If my spouse approach the previous council I have decided to end the service with, can she take on his case and go against me?

Nathan’s Answer

Absolutely not. An attorney is prohibited by the rules of ethics from representing you, then representing another individual against you in the same matter. One of the reasons for this is because the other side would now have access to your thought processes and arguments. If the attorney were to all of a sudden, use these things to represent someone else against you in the same matter, the legal process would be tainted by unfair advantage to the other side.