What steps should I take to remove a restraining order filed by mistake?

I found in the system a civil restraining order that was restraining me from somebody who I never met. It was my name & date of birth, but address that I never lived before . It was the first time ever I heard about that. It was issued in 2013 and will expire in 2016. It was probably filed by mistake. What steps should I take to remove it from the system?

Nathan’s Answer

Are you sure it refers to you? If it does, and you can prove it was issued in error, you can call an attorney who knows what they are doing to petition the court to set the restraining order aside.

Unethical for attorney using another attorney's personal information, work history, work samples?

Do you think an attorney (Attorney #1) can be disciplined by CA State Bar for using another attorney's (Attorney #2) personal information, work history, work samples in advertising without disclosing or permission of Attorney #2? Attorney #2 works for Attorney #1 as independent contractor, and has special skills and work history with particular past employer which client would pay premium for. Attorney #1 does not have the special skill and didn't work for the particular employer. Attorney #1 advertises to get clients using Attorney #2's info., but when client pays, Attorney #1 does the work, and does not tell Attorney #2 about the client or the client that he is doing the work not Attorney #2. Is Attorney #1 unethical?

Nathan’s Answer

Analogies are somewhat useful to illuminate "answers" to ethical quandaries.

Do you think a student can be disciplined by school for answering an assigned question using another person's answer without disclosing that this is the answer of other person? Asker benefits off good will of person providing answer. Asker receives a reward for answer and does not tell person who answers. Ethical?

My doctors office ordered an HIV test without my consent and have been charging me and my insurance for unnecessary test.

I already know my HIV status, and my doctor does as well. I tested positive in 2005. I don't understand why they order such a test, which causes me to go over what my insurance will. pay. What is most infuriating, there are two test that need to be done every three months for someone with my condition, check my t-cells and my viral load, and multiple times the nurse forgot to do one of these test which required me to go in for an additional visit and more charges. When I sent him a letter stating I felt his excess fees where unfair and wanted to know why they were testing me for a virus that he and I already know the results, I got no answer but he cashed my check for the overage that insurance didn't pay. I feel like I got poor health care and taken advantage and disrespected,

Nathan’s Answer

Most medical bills, especially medically unnecessary ones, can be negotiated down. It may be fraud to charge for services that are unreasonable or unnecessary.

What is the difference between having a revoked LVN license and having it surrendered?

I have to renew my license soon and after pleading guilty to a 1516, I have the anticipation of either getting my license revoked/surrendered. I would like to know the difference and outcome of each one. If it is surrendered does that mean you have consent to surrender it? (As there is "voluntary surrender" and just "surrender") is it possible to reinstate after surrendering? Also, what poses them to choose in revoking or surrendering your license?

Nathan’s Answer

It is unclear what you have plead guilty to, but the licensing boards may choose to open an accusation against your license for either the conviction or the facts underlying it. If you default, by not negotiating or going to hearing, your license will be revoked. You may request it be surrendered but the licensing board may want to go through with the dog and pony show in order to have a record against your license. If you lose your license by revocation, under certain circumstances, you may be able to reinstate your license, but this will usually require a new hearing at considerable cost to you, if it is to be done properly with attorney representation. It is probably better to attempt to defend your license now.

Can I still grow marijuana if my landlord is a felon. I have my card and I don't know if he's on parole.

I know I am allowed up to 6 adult plants but we share property, different house's.

Nathan’s Answer

A senate bill may soon end the variance but state law allows cultivation of marijuana for medical reasons, and federal law still prohibits such actions. If the housing is federally subsidized, you may be running afoul of federal laws. If the landlord has as a condition of parole, that he is not to violate any law, the DEA or other enforcement arm of the federal or state could use the fact that federal law prohibits this action as the reason to take them back in. The landlord can thus be liable for knowing about federally illegal activity in his or her property on the state or federal level.

When is a lawyer able to withdraw from a wrongfull termination case?

Is the lawyer able to withdraw at any point in the case at their discretion? Or are there certain requirements that must be met.

Nathan’s Answer

Usually, a lawyer asks for a substitution of attorney. A lawyer may also file a motion to be relieved as counsel with the court. The courts usually grant these unless the motion is too close to a point in time where the client's case may be prejudiced by the status transfer of attorney of record back to the original client, since everyone usually starts out as their own attorney.

On Dec 25 2014 in Reno NV,

My wife woke up with pain, and unable to to see out of her right eye, went to urgent care after seen by doctor we were sent to ER at local hospital, where my wife was told she had an infection in the eye, we're told it was OK to stay for 2 more days, when we returned home and saw a doctor we found out that there was no infection but glacoma with a pressure of 60 where normal is between 6 to a high of 22, we're sent to a glacoma Dr. where she had an emergency implant, since then there have been other compilations and my wife is still in pain still can't see as before, is there anything we can do?

Nathan’s Answer

I am sorry to hear of your wife's medical issue. You will need to contact counsel that deals in medical malpractice. If this happened in Nevada, you will need counsel who is licensed in that state - California counsel that deals in these matters may have referral information for you, or you can start searching for Nevada medical malpractice attorneys to assess your case.

Can a doctor or group of doctors release you as a patient without a lawful reason

I have been going to a chiropractic office for 6 years. I began seeing one chiropractor who is now in a nasty divorce situation and I am friends with his wife. In the last 2 years, I have primarily been seen by a different chiropractor at the same office and the practice is no longer owned by my friends husband chiropractor. On my last visit, I was there for an appointment with my now preferred chiropractor and was pulled back to a room by my friends husband and interrogated about a witness letter I wrote to my friends lawyer. This was unprofessional and unappreciated since his personal divorce has nothing to do with my current treatment by the other chiropractor.

A few weeks ago, the office called and said the firm was referring me out and releasing me as a patient.

Nathan’s Answer

Does the letter cite any reasons? It might be as simple as "unable to establish rapport with patient" as long as you are given adequate notice. You should be able to access your medical records without issue if necessary. You probably don't fall under any exceptions like where you are disabled and see the chiropractor in a specific way that allows their action to constitutes sudden abandonment. If there is no unlawful action, the rule of thumb is, even if you are 100% in the right, you generally don't want to be hanging out where you aren't wanted.

This has to do with Medicare protocols. This is in regards to physician owned foundation billing under one TIN.

The physician owned foundation was told by a billing specialist, in order to preform diagnostics testing on referring physician outside their group, must have a consult first by one of the groups physicians before the procedure can be done. I question this because I know there are several owned physician facilities that are not required to do so. Facilities such as physician owned surgery centers, physician owned scanners and eye centers that are not IDTFs, don't require consults prior to doing testing on patients outside their practice. Is this practice correct? Also if the facility is billing with TC and 26 modifiers, can this be eliminated by billing globally?

Nathan’s Answer

The answer to your question cannot be answered specifically since the question is too broad. The answer depends heavily on the areas of medicine implicated, the willingness of all parties to abide by CMS's attempted eradication of consultation codes on various types and levels, and whether billing globally is allowable considering the specific services in question, whether the consultation is a true consultation or merely a transfer, and ancillary issues related to Stark/AKS. Please consult with an attorney who has coding compliance experience.

Co Trustee breached Mediation agreement, 2 sign/check. Lied refused discovery. I have cashiers check. only recourse file a case?

Bad situation; co trustee with a liar & thief, took over mom's bank acts in 2002. Did not know at the time she resented mom leaving 10% to each of my 3 children, so she stole to maKe sure she got $, worked unilaterally and assaulted me when I asked for her cooperation, I had to have surgery as a result. I'm in my 60's x is an attorney and also acts the same! Joint decision we would go forward, went to mediation with kids okay, I had bookkeeping done 2x, all totaled estate missing$400 approx. Only agreed to this agreement because: it required 2 signatures/check. caught her, can I re open binding mediation as a result of her duplicity, and I closed the account, want to place it w/court but told I need to open a case to do that. Not in great financial shape, no spousal support in 28 month

Nathan’s Answer

Mediation agreements or settlements are binding contracts between the signators. As a result, if a party breaches, you may have causes of action in a contract case. Reopening a mediation or invalidating an agreement is difficult unless you have solid evidence of a contract killer, like fraudulent misrepresentations. I am changing the practice area from ethics to trusts and estates so your issues regarding co-trustee can be addressed.