Domestic violence

Statute of limitations for restraining order violation

My boyfriend got charged 8 months ago with a felony domestic violence charge. Plead no contest and it was dropped to a misdemeanor. He was talking to me and we even saw each other a few times. We haven't spoken in 2 months. I just gave birth to his child. I am about to fill out paperwork for child support. If I reported the restraining order violation now (I have texts to and from him and witnesses) will he likely be found guilty and go to jail. Give me any advice or knowledge about this subject that you've got.

Nathan’s Answer

Why would you be reporting it now as opposed to 2 months ago?

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Professional ethics

Are lawyers allowed to solicit legal counsel at a public school

I was informed by a friend that they were contacted by a law firm offering legal representation for them and their child with a disability. I'm not sure how they knew that their child had an IEP, but I'm concerned about the confidentiality of my kid with an IEP. I'm not sure if this firm is soliciting services to the community, if they were referred by someone or if they have access to confidential info.. Is it legal for lawyers to do this, do they have access to IEP's at schools?

Nathan’s Answer

Solicitations are legal under limited circumstances. Federal Educational Rights and Privacy Act (FERPA) allows limited disclosure to parties with legitimate interests. It is crucial to determine the source of law firm's knowledge regarding friend's child before proceeding further.

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Professional ethics

What can I do my attorneys license was suspended?

I have an immigration case in process and my attorneys license was suspended in January.My case has not been solved and its been 4 years.I was told it would be 6 months.Attorney had horrible service, sent in late or incomplete paperwork to Uscis. He would never return my calls or give me updates.I recently took him off my case but he is saying I still owe him money. what can I do?What will happen if he takes me to small claims?

Nathan’s Answer

Is the bill for legal services while the attorney was licensed? If so, and the work was done, you may be on the hook for fees. If the bill is for services rendered while the attorney was suspended, you may want to fight the bill in total.

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Incorporation

Do I have to register an LLC in CA if I am only using it to own property?

I have a Nevada LLC that does nothing but owns my house, via a quit claim deed from me to the LLC.

I live in my house and am not a landlord renting the house out. Thus, the LLC is not doing any sort of business nor does it have any income. I simply put ownership of my house into the LLC for liability purposes.

Do I need to register my Nevada LLC in CA as a foreign LLC? If so, what happens if I do not? Will the FTB simply make me pay the $800 franchise tax? Or will the LLC somehow get invalidated?

I appreciate the help.

Nathan’s Answer

If the LLC is not doing any business, then you need not register it. You seem concerned about liabilities. Speak to counsel about your particular situation.

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Professional ethics

My attorney's license was suspended, di I have the right to go somewhere else?Would I still owe him fees?

In January I received a letter informing me that my attorneys license was suspended.They tried to pass my case to someone else in the building but i don't want that attorney.What can I do?They are telling me im still responsible for the fees and won't give me copies of my file.Its an immigration case

Nathan’s Answer

You are always entitled to counsel of your choice. You should pay for any work that was completed while the attorney was licensed. You are entitled to a copy of your file should you wish to terminate the attorney client relationship, which technically may have occurred but that all depends on the fee agreement.

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Business litigation

I would like to start a lawsuit against that hospital that cared for my mom.

My mom was in ICU for 91 days. On the 71st day May 5, 2014 I found that they had not changed a dressing dated 4/30 that was really infected. I asked for pics to be taken. While they were getting a camera and the nurse was in my mom’s room alone the dressing went missing. After that they did everything to keep me away from my mom. I was my mom’s voice as she was on a ventilator. They banned me from the hospital until I would tell them that I would take her off life support. I was sent letters stating that I was causing problems for the nursing staff. I have all the medical records from the hospital that proves that is not true. They did everything to CYA and try and make it my fault. I have audio recordings of the meetings that we had.

Nathan’s Answer

You may have very limited time to have a California attorney review your matter in anticipation of litigation.

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Business privacy laws

If an elderly patient is admitted to a Nursing Care facility, after recovering from pneumonia at a Hospital, and ...

... after admitted, is placed in a bed, has clothes taken off in front of 2 other nurses, and one of them takes about 5 pictures of patient's naked body and patient's genital/private areas, is that Sexual Harassment? ...because after a visual inspection by them, there were no abnormal signs, so why should they take pictures, especially since Patient is there for pneumonia illness recovery, and not for any sexually related illnesses... Did nurses commit Invasion of Privacy, and/or sexually related crime?

Nathan’s Answer

There are potentially huge violations here. Consult with a lawyer so they can get the full context (who you are, what you saw, etc.) The attorney will be bound by confidentiality.

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Starting an LLC

Can I abandon a Delaware LLC?

In August 2014 I set up an LLC in Delaware. Since then, I have realised that I no longer need the LLC. I have been advised that it will cost $800 in franchise taxes, etc to formally dissolve the company. I am in the United Kingdom and have not used the LLC at all. Can I just walk away without consequence? or will I be arrested at the airport for non-payment of taxes? Thanks.

Nathan’s Answer

It would be wise to dissolve the LLC since if it is ever sued, because it is suspended, it won't be allowed to have an attorney represent it, likely causing default. (which may be piggybacked on to you)

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Credit score

I need help to remove Business Lien from an LLC I was a member of which has been listed on my personal credit report.

The lien is a federal tax lien. I am no longer a member of the LLC however the LLC is still intact and they have worked out a payment agreement with the IRS. My understanding is that the lien should never have hit my credit report as it is a lien against the LLC not any of the members personally. I need help writing a letter to the credit agencies i.e. transworld etc. to get the lien removed.

Nathan’s Answer

The IRS's reach is deep and thorough. A tax lien is one of the most derogatory items that can be on a credit report. Speak to counsel to discuss removal of the lien against you personally.

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Professional ethics

When a lawyer sells his firm what happens regarding the client in this situation?

I retained a law firm to represent me on a contingency basis. The original lawyer who was handling the case referred it to his associates while he was still at that firm. Fast forward to today it's being handled by the two associates although now one of them is at another firm. So now I have three attorneys from different firms representing me. I asked if the original lawyer was still on the case and was told for all intensive purposes yes. Shouldn't I have been given the choice to continue with them? I feel like something is happening that shouldn't.

Nathan’s Answer

If the case was referred to another attorney, then how is the original lawyer still on the case, especially if he is no longer at the firm? Your case was then handled by two associates, and now another associate left? Who is the lead attorney on the case? You should ask to speak with that one and see if you like what they have to say. Insist on speaking with the LEAD attorney. You may also want to find out who the attorney of record is if the suit was filed.

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