Hi! Thanks for taking the time to take a look at my question! I am a new lawyer in California (fingers crossed as I should receive notificat...

Question

Hi! Thanks for taking the time to take a look at my question! I am a new lawyer in California (fingers crossed as I should receive notification of my admittance to the bar I took back in July, 2012 any day now), and am looking into my options to start my career. I was approached by a company that assists clients with immigration issues. They had expressed interest in forming a contractual agreement in which I would work as an independent contractor and advise their clients regarding all legal issues and represent these clients in court if need be; i would serve no other function within the company as would be defined in the contractual agreement. Myself, and myself alone would receive payment for the legal services I provided the clients and they would pay the company separately for all non-legal services they receive. I would have desk and private office space within the physical office building of the company I would be contracted with and would pay rent for that office space. I would have my own secure email address, fax line, telephone, and secured file storage. I would only use that office space when working with clients through this contracted arrangement and all other clients would met at a separate location, the home office of my actual practice. Though I realize that this is not a fully detailed description of the arrangement and such, I was hoping I might receive some guidance as to whether this violates any noticeable rules within the California Rules of Professional Conduct. I was particularly concerned as to if this might violate issues regarding forming a partnership with a non-lawyer, fee-splitting with a non-lawyer, issues with confidentiality, or conflict of interest issues. Thanks so much for your time. As I am just starting out as a lawyer I am trying to be extra careful as to avoid any issues that might bring me under the scrutiny of the bar association.

Sincerely,

Jonathan A. Garza

Answer

Call the state bar ethics hotline and discuss it with them.

Answer

You can call the hotline, and they will generally give you a list of materials to research and review. That may contain the Rules of Professional Conduct, specific cases, and ethics opinions.

You are going to have to make the determination, based on your evaluation of the facts, whether the situation triggers the issues that you have identified. You have spotted the issues, but will need to go over them with factual detail.

I Worked on a persons PC and we only had a verbal agreement.. When I was done I called said person and she said you did not have the money t...

Question

I Worked on a persons PC and we only had a verbal agreement.. When I was done I called said person and she said you did not have the money to pay for work.. I wanted 6 months calling person once a week. She came by my place one day and asked for the computer back I said no not until you pay me.. She when to the cops and I was charged with breach of trust w/fraudulent intent. I have a back group check With APPLE INC will that stop me in getting a job

Answer

Business is business and this is the kind of thing that can happen when you don't follow good business practices - even when dealing with family and friends. Further, there is definitely more to your story than you are telling. Based on the facts you presented, there is no reason for you to even be charged let alone convicted. As it stands, if you were convicted, you can most likely kiss the Apple job and virtually any other job higher than dish washer good bye. If you have not yet been convicted or if you plead guilty without the advice of an attorney - you need to see an experienced criminal attorney ASAP. You can not afford to have a conviction of that nature on your record - it will destroy your ability to get a decent job.

I recently went to a bank to cash a check for 41 dollars, and was returned (by the teller) 4100. It's been a month now and I received a phon...

Question

I recently went to a bank to cash a check for 41 dollars, and was returned (by the teller) 4100. It's been a month now and I received a phone call from the banks special investigations, saying if they don't here back from me they will turn the information over to the police department.

I called them back and left a message saying, this is the banks error, and this is now my debt, I don't have the money anymore, and I don't have an income, so I suggest it be settled in small claims court. Is this possible?, or is there any possible way of avoiding jail? I need some comfort, because I'm a nervous wreck.

Answer

You disregarded the advice of another LawGuru attorney who told you to offer to repay the money. Stonewalling them as you did was your choice, but you didn't help yourself by flapping your gums to the bank investigator.

Do not speak to anyone especially the police. If you speak even one word to the police you will be beyond help.

Answer

Stop posting the same question over and over. The answer will not change. You spent money you knew was given to you by mistake. That is theft. You committed a felony. It is not a small claims matter, it is a criminal matter. They are offering not to prosecute if you pay them back. Whether you can and will do that or not is not a legal question. If you do not, however, you will be prosecuted for your crime. Simple as that. There is no law or legal option for changing that.

How old are Sophia Grace Brownlee and Rosie McClelland?

How old are Sophia Grace Brownlee and Rosie McClelland?
Sophia Grace is 11 years old. She was born on April 18, 2003. Rosieis 8 years old. She was born on September 7, 2006.

What form do I use to sebpeona information or records only from a person or business? This is a family law case for child custody.

Question

What form do I use to sebpeona information or records only from a person or business? This is a family law case for child custody.

Answer

To subpena records, during the discovery part of your case, you use the form entitled "Deposition Subpoena for Production of Business Records." (Form SUBP-010) To subpena records for the trial or other hearing, you use a Civil Subpoena (Duces Tecum).

To subpena information, other than records (i.e. you want to ask a person questions), from someone who is not a party to the action, you use a Deposition Subpoena for Personal Appearance. There are different forms, depending on whether you want the person to bring documents to the deposition.

There are different rules that apply if the records are being sought from a person or entity outside of California, and there are time and place restrictions. It would be a good idea to check with an attorney.

Also, while you will complete the forms that you use, a non-attorney cannot issue the subpoenas. You will need to go to court to have the clerk issue them.

hi,me and my friend partnered in a start-up for a b-2-b website (something like alibaba.com) in august 2010. we had 50-50 partnership in x t...

Question

hi,

me and my friend partnered in a start-up for a b-2-b website (something like alibaba.com) in august 2010. we had 50-50 partnership in x thecnologies llc.

in md usa. the deal was me working 60-70 hours a week at a pizza shop while he handles the hiring ppl for making the software till we launch the website(x.com)

it did go on for about a year me financing the company(in cash ) he searches, hires, manages people for the website programming.

After a year, couple months before we launch the site, we had an argument and he took all the data and moved to CA. he started a new company and launched the site, i had to stay in md and deal with the all the debt left (mostly in cash) in MD.

Over the time, althought i didnt have the money to hire an attorney i tried to reason with him about the dept and my share of the partnership on the new company.He asked me to hold on till he finds an investor(saying it will make impossible to find investment for a start up if it has legal issues on it)

new companies over the country he makes the deal.

As of today he turned the web site, a paid membership site and went overseas to make deals with chamber of commerce agencies which will require to build

my question, is having only a 50% partnership on X thecnologies llc (whic he said applied to close the company with the accountant without my signature or approval) and having no idea on how much the website makes right now or values (according to website value sites on net more than $800.000) what can i do to secure my investment on such a complicated situation without hurting it.

Thank you for your time and help,

Answer

The first question is whether your new business is a partnership or a limited liability company. You mention the word "partnership" extensively, but also "x thecnologies llc." So, we need to know which it is. Different laws apply to partnerships than to LLCs, and your business probably is one or the other, not both, especially at the same time.

The next question a lawyer would need to know is what state's law will apply to the dispute between the other guy and you. Sounds as though the business was formed in Maryland, so the dispute would be adjudicated under Maryland's laws; although possibly a lawsuit could be brought in California if the other party now resides here.

Perhaps the way to approach this would be to sue the friend and the new company in California, alleging breach of fiduciary duty. People who are in business together, whether they are partners in a partnership or co-founders of an LLC, have a legal duty to act in good faith toward each other and in the best interests of the joint business enterprise. Leaving and starting a competitive business is generally unlawful unless there is a good justification for dumping the prior business and ones' associate(s).

What famous people are going to the rose parade?

What famous people are going to the rose parade?
Jackie Chan..... Michelle kwan.....the tall Asian basketball player dude.....there are more but i don't remember any others right now......btw this is for the 2010 parade