CIVIL PROCEDURE ADVICE PREVIOUSLY POSTED ON LAWGURU.COM
Please do not contact me directly asking for free advice;
no one can afford to work for free. Click on the Pro Se Assistance button if you need legal help.

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=511913014

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Category: General Civil Litigation

Location: TN

Subject:  Hit and Run Case, General Sessions, Get an ATTY?

Today I went to small claims court with an overwhelming amount of evidence against a man who hit me and drove off. He does not speak any English, likely an illegal immigrant, but a translator was present. The judge said 

he would not hear our case without this man having an attorney. I came to small claims to avoid outrageous legal fees. So now I feel I have to spend a load more money to get one so I don't get outwitted by a slick talker. Why wouldn't the judge let the translator handle this? Why is 

an attorney necessary? 

Also, do I stand a chance in court without an attorney with him having one? I have loads of photographic, eyewitness, and phone records/evidence, but I worry about not knowing the ins and outs a lawyer knows and getting beat. 

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=523140874

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Category: General Civil Litigation

Location: TN

Subject:  Re: Hit and Run Case, General Sessions, Get an ATTY?

The standard lawyer response is that a pro se party is no match for a lawyer.  However, I know cases where pro se parties (without a lawyer) have beaten the pants off the opposing counsel.

I happen to be a strong proponent of pro se representation.  You may need assistance filing a document that summarizes your evidence in court.

The judge did the right thing to make sure a person who does not speak English understands how our legal system works.

I suggest you look over the pleadings shown at 

http://michaelguth.com/prose.htm it may give you self-confidence that you can represent yourself and just present your evidence.

 

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=511913014

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Category: General Civil Litigation

Location: TN

Subject:  Hit and Run Case, General Sessions, Get an ATTY?

Today I went to small claims court with an overwhelming amount of evidence against a man who hit me and drove off. He does not speak any English, likely an illegal immigrant, but a translator was present. The judge said 

he would not hear our case without this man having an attorney. I came to small claims to avoid outrageous legal fees. So now I feel I have to spend a load more money to get one so I don't get outwitted by a slick talker. Why wouldn't the judge let the translator handle this? Why is 

an attorney necessary? 

Also, do I stand a chance in court without an attorney with him having one? I have loads of photographic, eyewitness, and phone records/evidence, but I worry about not knowing the ins and outs a lawyer knows and getting beat. 

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=523140874

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Category: General Civil Litigation

Location: TN

Subject:  Re: Hit and Run Case, General Sessions, Get an ATTY?

The standard lawyer response is that a pro se party is no match for a lawyer.  However, I know cases where pro se parties (without a lawyer) have beaten the pants off the opposing counsel.

I happen to be a strong proponent of pro se representation.  You may need assistance filing a document that summarizes your evidence in court.

The judge did the right thing to make sure a person who does not speak English understands how our legal system works.

I suggest you look over the pleadings shown at 

http://michaelguth.com/prose.htm it may give you self-confidence that you can represent yourself and just present your evidence.

 

 

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=307981897

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Category: Credit, Debt and Collections Law

Location: TN

Subject:  Duces Tecum

 

I was recently awarded a judgement in small claims court. how do i go about filing a subpoena duces tecum?

 

 

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=623719237

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Category: Credit, Debt and Collections Law

Location: TN

Subject:  Re: Duces Tecum

 

Do you know what a subpoena duces tecum is?  If you have a judgment in your favor, you should seek to execute on the judgment.  Why do you need a subpoena, unless you cannot find the bank account numbers?  You can obtain information by post-judgment interrogatories.

 

 

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=429704894

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Category: Consumer Law

Location: TN

Subject:  Question about small claims court

 

Can I file a claim in the state of Georgia against someone in the state in Tennessee? Also in my claim, I would like to ask for the cost of the item, shipping fees I paid, all court and misc. fees I have to pay to file the claim and something to make up for the stress and anguish this has caused me. But I'm not sure what that would be called? Mental anguish? Any help or information will be greatly appreciated.

Thank you for your time.

 

 

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=469052046

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Category: Consumer Law

Location: TN

Subject:  Re: Question about small claims court

 

In theory, you can file suit in Georgia against a Tennessee resident.  However, the Georgia court will not have jurisdiction unless the TN resident conducted business in your state.  If you reached out and contacted him in Tennessee, then GA will not have jurisdiction.  If he advertised in Georgia and called you by phone there or had some contact in GA, then maybe the court will have jurisdiction.  You should look up "The Georgia Long Arm Statute" and see whether you meet the qualifications for minimum business contacts with your transaction.

 

 

 

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=998621133

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Category: Personal Injury Law and Tort Law

Location: TN

Subject:  Statue of limitations

 

I was involved in an accident on 4 Sept 03.  I was backed over by a non-insured motorist (I was a pedestrian).  I informed my insurance company right away.  I have finally healed enough that I feel comfortable settling with the insurance co.  How long do I have to do this?  They have already made 2 offers one of $1000.00 and the second of $1500.00.  I made contact with them and told them that did not sound reasonable, due to all the pain, suffering, and scarring left.  I have sent them pictures since our last conversation, and now I am worried that I am running out of time to file in court if necessary.

 

 

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=9725182

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Category: Personal Injury Law and Tort Law

Location: TN

Subject:  Re: Statue of limitations

 

Oh my gosh!! You have only until Sept. 4, 2004, to file a lawsuit against the person who backed into you and potentially your insurance company.  The difficulty here is that you were a pedestrian, so only your health insurance company has liability -- not the uninsured motorist policy on your automobile.  Most health insurance companies will only pay out of pocket expenses, and not pain and suffering expenses.  You need to drop whatever you are doing on Tuesday and Wednesday and go see at least 3 personal injury attorneys to get their opinions on whether you have a case.

 

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=26753056
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Category: Computer & Technology Law
Location: TN
Subject:  Lawer needed for intellectal property involving medical software.

 I need to get a patent, trademarks, and or copyright for software, I
created. I don't fully understand the leagality of this entire process. Time
is of the essence.Can you point me in the right direction.. I would greatly
appreciate it.


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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=188228758
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Category: Computer & Technology Law
Location: TN
Subject:  Re: Lawer needed for intellectal property involving medical software.

If you look in the yellow pages of your phone book, you should have no trouble finding an intellectual property lawyer living near you -- unless you are out in the country.  I assume you posted a question here, because you wanted to do some of the research on the patent process yourself.  In that case, you should search on Google for "patent" and read the U.S. government's description of the patent process.

 

 

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=409733754
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Category: Business Law
Location: TN
Subject:  Paid for print advertising - Publication never came out

I signed a contract back in February of this year to purchase a full-page, full-color ad in an annual trade publication that is based in Nashville, TN. The ad cost my company $1400. They informed me that my payment was due April 1 and that the book would be distributed to thousands of industry professionals in early June of this year. Here it is almost October and I have yet to see anything from them. Every time I try to contact them, if I get a response at all, they tell me that the book is ''at the printers'' and to be patient.

I just want my money back. Do I have a case here? Would I have to take them to court in their home state?

Thanks!


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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=696346183
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Category: Business Law
Location: TN
Subject:  Good news

If the company reached out and contacted you in CA to initiate the paid advertising, then you are in luck.  You would be able to sue them in CA.  If you contacted them, but they still mail their publication to CA businesses, then you can probably still file suit in CA.  You will want to look up "California Long Arm Statute" on the Internet and see if you can construct a series of arguments for why CA courts have jurisdiction over the matter. 

Here is a sample of what I wrote in a Tennessee pleading:

3.  This court has in personam jurisdiction over the Defendants under the Tennessee Long Arm Statute,   Tenn. Code Ann. § 20-2-201, the Defendants having established substantial contacts with Tennessee.  The following non-exhaustive list of activities and contacts by the Defendants in and with the state of Tennessee also make it fair, equitable, and convenient for the defendants to defend these causes of action in this state:
i.  This controversy arose out of a series of financial transactions and signing of business contracts solicited by Defendants from Plaintiff from his home office in Roane County, Tennessee. 

ii.  Defendants with Plaintiff produced a twenty-six-page legal newspaper that was sent to approximately 3,200 attorneys across the state of Tennessee, from Memphis to Johnson City.  A copy of page 3 of this legal newspaper, which boldly proclaims Defendant Butler as Publisher and Defendant Habegger as Chief Financial Officer, is attached hereto as Exhibit 1.

iii.  Defendants systematically telephoned and sent e-mail messages to various law-related businesses in Tennessee in an effort to solicit these businesses to take out advertisements in this legal newspaper in Tennessee.

iv.  Defendants directly contacted numerous attorneys and librarians at law firms in Tennessee, both by telephone and by e-mail, in order to solicit their subscriptions to this legal newspaper for Tennessee.

v.  Defendants contacted several attorneys in Tennessee for purposes of getting their opinions of this legal newspaper or to solicit their collaboration on this business venture.

vi.  Both defendants have on numerous occasions contacted Plaintiff in Tennessee by phone and by e-mail in order to conduct business with him.

vii.  Defendants formed a contract with Plaintiff that provides that the contract shall be governed by Tennessee law.  Therefore, the Defendants were properly given notice that they could be haled into a Tennessee court in the event of a contract dispute.

viii.  Defendants contacted Plaintiff for purposes of having him purchases shares in a corporation Defendants were forming.  Therefore, the Defendants' contact amounts to the private placement of securities to a Tennessee resident, which constitutes substantive contact in the forum state.

 

 

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=278582574
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Category: Credit, Debt and Collections Law
Location: TN
Subject:  TN Circuit Court practice re: enforcing a foreign judgment

I am attempting to enforce (in pro se) a foreign judgment in TN.  The debtor has succeeded in dragging out (almost a year now) what should be a summary proceeding TCA 26-6-101; we had a hearing; I provided the documents the debtor requested, and she and I had another round of briefing.  The debtor has now scheduled another hearing, 6 weeks from now.  (It is all baseless delay tactics.)

My question is:  How can I request that the court make a ruling on the briefs/without further delay or hearings?  This must be possible in theory, given the nature of the proceeding.

But, this is a Circuit Court; the judge may not even be in town, and I have the impression the judge doesn't get the case file until right before a scheduled hearing.

''Motion for Immediate Ruling on the Briefs''?  How do I get it in front of the judge?  The court's local rules don't address this kind of thing and the court clerk was not very helpful.

Also:  can I waive my right to show up at a hearing (expenses!)?  Can I ask for a telephone hearing?

Thanks much.


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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=340301075
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Category: Credit, Debt and Collections Law
Location: TN
Subject:  Re: TN Circuit Court practice re: enforcing a foreign judgment

Although you want to speed up the decision, "due process of law" in state courts (unlike federal courts) normally requires petitioners to have a hearing an oral arguments for their motions and other pleadings.  You could ask the court to rule on just the briefs without a hearing, but if the other side does not go along with the request, then it is guaranteed it will be denied.  You only have 5 weeks to wait now; that is shorter than the time it would take you to file a new motion and have that set for a motion day.  For future notice, if you have a pleading you want to get before the judge traveling on circuit, then you should call his secretary and tell her you want to pick a date for a motion you are filing to be heard.  That way you can simultaneously file a notice that you will appear before the judge to argue your motion and the motion itself.

http://michaelguth.com

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=754944877
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Category: Civil Rights Law
Location: TX
Subject:  Harasssment or not

I have been kicked out of a organization for harassing a female member.  I emailed her and called her after she had requested that I stop emailig and calling her.  I thought the harassment accusation was a very weird joke, because she kept giving me the same physical flirting indications before and after accusation that she wanted me to pursue a relationship.

Today I believe she is trying to signal me by calling me from a out of area number and hanging up when I answer.  I also believe her friends are giving me hints by looking at me and smiling.  If I can prove she is trying to signal me via the phone or her friends would this prove my advances were not unwanted.  My advances are wantd just possibly not at this time and therefore no harassment occured.  

Can confusing physical flirting signs cause the accusation to be false.  Do actions matter or do just spoken and written words matter in sexual harassment cases?


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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=164189959
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Category: Civil Rights Law
Location: TX
Subject:  Re: Harasssment or not

I am going to offer you some non-legal advice.  When a woman asks you to quit writing her, and then you go ahead and send another e-mail message, something is wrong with you.  This is not a wierd joke.  What you describe as her friends staring at you may not be any kind of flirting at all.  They may be watching you to see if their friend needs a court order preventing you from having contact with her.

I don't see how a grown adult gets so confused about what is happening.  You were kicked out of an organization for sexual harassment.  That should have been a wake up call to you that something you were doing was wrong.

You need to put this woman out of your mind completely and have no further contact with her at all.  Even if you think she wants contact, you need to have self-discipline and avoid her.

I'm not going to suggest that you get psychological counseling, because that will likely be interpretted as an insult.  Instead, I would say that you questions show that you are failing to  grasp the severity of the situation.  Why don't you consider some worst case scenarios, e.g., that she seeks a protective order and you get arrested for violating it, or she sues you for money damages for continuing to bother her?



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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=228910698
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Category: Constitutional Law
Location: AZ
Subject:  US Supreme Court burden of proof standards for clear and convincing

I need to know what US Supreme Court case set the standards for clear and convincing evidence for burden of proof.   I've looked everywhere - can you point me in the right direction?  Thanks!


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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=903819137
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Category: Constitutional Law
Location: AZ
Subject:  Re: US Supreme Court burden of proof standards for clear and convincing

The U.S. Supreme Court cases on clear and convincing evidence probably date back to the 1800s.  I have given you citations to three early cases in the 20th century that use this standard:

N.D. v. Minn., No. 10, Original. , SUPREME COURT OF THE UNITED STATES , 263 U.S. 365; 44 S. Ct. 138; 68 L. Ed. 342; 1923 U.S. LEXIS 2753, March 12, 13, 1923, Aruged ** January 3, 4, 1921, Argued ; restored to docket and ordered that supplemental proofs be taken, April 18, 1921, December 10, 1923, Decided

OVERVIEW: Where Minnesota, by a drainage system, turned an interstate river water over its capacity and flooded its banks in North Dakota, permanently and seriously injuring valuable farm lands there, North Dakota could not have an injunction in the Court.

CORE TERMS: flood, lake, mile, water, ditch, cut-off, basin, watershed, river, stream ...

... must be established by clear and convincing evidence." New York v. New Jersey, 256 U.S. 296, 309; ...

Caution: Possible negative treatment Click to Shepardize® 191. New York v. New Jersey, No. 2, Original, SUPREME COURT OF THE UNITED STATES, 256 U.S. 296; 41 S. Ct. 492; 65 L. Ed. 937; 1921 U.S. LEXIS 1633, Argued November 8, 11, 12, 1918; restored to docket for further argument March 10, 1919; reargued January 25, 1921, May 2, 1921

OVERVIEW: The Court refused to enjoin a plan by New Jersey and its state agency to dispose of sewage into New York's waters because standards agreed to by the United States and the state agency were considered to be sufficient to protect the water's safety.

CORE TERMS: sewage, water, sewer, adjacent, offensive, pollution, shore, odors, vessels, discharged ...

... must be established by clear and convincing evidence.[For other cases, ...
... magnitude and established by clear and convincing evidence. P. 309.(6) That the ...
... must be established by clear and convincing evidence. Missouri v. Illinois, 200 U.S. 496. ...

Caution: Possible negative treatment Click to Shepardize® 192. Postal Telegraph-Cable Co. v. Richmond, No. 169, SUPREME COURT OF THE UNITED STATES, 249 U.S. 252; 39 S. Ct. 265; 63 L. Ed. 590; 1919 U.S. LEXIS 2174, Argued January 22, 1919, March 17, 1919

CORE TERMS: street, pole, interstate, telegraph, ordinance, interstate commerce, interstate business, wires, intrastate business, license tax ...

... commerce is shown by clear and convincing evidence. P. 258.A ...
... fails to convince us that it contains that clear and convincing evidence that the tax thus falls upon ...

Mike Guth
http://michaelguth.com
Constitutional Law and Appellate Attorney


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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=26650302
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Category: Civil Rights Law
Location: AZ
Subject:  Accident Statute of Limitations

A friend of mine was driving a truck in Arkansa with no license or insureance. Coming around a blind corner, he slid right into the side of a brand new dodge. He was ticketed for no drivers license, and the person he hit reported the inncedent to his insurance, after they exchanged information. Two years later the insurance company contacted him. Because of his finacncial situation he wasn't able to pay the amount, the company harassed him for his inablility to pay. A year after that they sent him a letter, threatening to sue if he didn't agree to pay a certain amount. My question is by law how long do they have to sue you before the time limit is up? Or is their even a time limit? 


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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=477687116
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Category: Civil Rights Law
Location: AZ
Subject:  Re: Accident Statute of Limitations

You posted your question in Arizona on Civil Rights law.  In fact, it is a question on Arkansas (AR) on civil procedure.  An Arkansas attorney will have to tell you what the statute of limitations is on personal injury accidents.
You will have to repost your question under the right state to get a valid response.

Good luck!


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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=988020853
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Category: General Civil Litigation
Location: TN
Subject:  Civil Judgement from Florida valid in Tennessee?

I was sued by a former employer in Florida after I left moved to another state.  The suit was frivolous in that he was sueing me for what he paid me while I worked for him.  He also sued me fore items like the cost of the computer  used while I worked for him that he still has.  
I was unable to go back to FL to defend myself and he won an uncontestedjudgement against me.
Now he is sueing me in TN for the amount he claims I owe, even though it is ridiculous. ($27,000 +)
He has unlimited financial resources with which to pursue this matter.  This is vindictive, legal harrassment of me for personal reasons that he has.
How do I make it stop without breaking my small bank?
Can he take anything of mine in TN for a judgement in Florida? 


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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=15028147
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Category: General Civil Litigation
Location: TN
Subject:  Re: Civil Judgement from Florida valid in Tennessee?

You have a difficult problem to explain, and unfortunately, I am pressed for time.  So I will have to write succinctly here.

1.  This strikes me as a grossly unfair lawsuit where the employer took advantage of the fact you were no longer residing in the state to defend yourself.

2.  Although it is unfair, it is not illegal.  The FL court had subject matter jurisdiction, because of your employment there.  The FL court had personal jurisdiction, because you were in FL and worked there.

3.  You needed to object to the lawsuit as frivolous by filing objections as a party without a lawyer (pro se).  But I understand how and why that did not happen.

4.  Under the Full Faith and Credit Act, TN courts are required to respect judgments of foreign state courts (FL).  The employer will attempt to register judgment in Tennessee for execution.

5.  At your hearing in TN, you normally would only be able to challenge personal jurisdiction, but not go into the merits of the case.  If the judge somehow allows you to go into the merits, then you can point out the ridiculous nature of the suit.

6.  Your backup strategy should be to file Chap. 13 bankruptcy.  In Chap. 13, you won't have to sell any of your assets, and the employer will not be able to hound you any further.  Instead, you will work out a monthly repayment schedule with the bankruptcy trustee, and the payments usually last 5 - 7 years.  None of your assets will be sold or attached.
 

7.  You should look in your phone book for a bankruptcy attorney who (1) will not charge you any free upfront to file the Chap. 13 petition, and (2) who can file such a petition on your behalf within a week.  

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=195005378
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Category: Personal Injury Law and Tort Law
Location: TN
Subject:  fall at fast food restaurant

I went to local fast food restaurant and prior to leaving i had to go to restroom ,the floor in restroom and a greasy film on floor i slipped and fell on my knee and also thing i jave injured my shoulder because i used that arm to prevent me from hitting the sink in restroom,i told employees about the condition of bathroom floor and that i almost hit my head on sink,i called store manager and he said he was sorry but there was nothing they could do,i have not been able to go to doctor because i currently have no health insurance what can i do


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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=332821507
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Category: Personal Injury Law and Tort Law
Location: TN
Subject:  Re: fall at fast food restaurant

You were in a slip-and-fall accident at a restaurant, which is a typical tort injury.  Have you sustained any damage or harm?  You think you injured your shoulder, but is it serious enough to require medical attention?

If you have a medical bill from a doctor to check out your shoulder, then more than likely the restaurant will agree to pay that bill for you.  If it looks like there is a more serious injury, then a personal injury lawyer in your area would take your case on a contingency fee basis, which means you would probably not have to pay an upfront fee.

First step, go to a doctor if necessary and get your shoulder checked.  Then present the bill to the restaurant manager, and see if he arranges for you to get reimbursed.  It woudl not hurt to talk to a personal injury lawyer, but they probably won't want this case unless you have actual injuries that will require more than a doctor's office visit to treat.



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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=485862259
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Category: General Civil Litigation
Location: TN
Subject:  Deposition in Civil Case

I am disabled and have been ordered to appear at a desposition in a civil case in a state 2000 miles from my home.  How far may a person be required to travel to attend a deposition?


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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=477082611
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Category: General Civil Litigation
Location: TN
Subject:  Re: Deposition in Civil Case

Ordinarily, you would not have to travel outside your home county in your own state for a deposition.  You can file a motion to quash the deposition based on your inability to travel to the deposition site.  Did you commit some tort in Tennessee, and therefore the court has a right to order you to come back here?  I would file a motion to quash the subpoena with the court that issued a summons to you and argue that you lack the financial means and the physical ability to travel to TN for a deposition.


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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=304600219
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Category: Business Law
Location: TN
Subject:  Verbal contract involving debt repayment in Tennessee

I assisted my ex-boyfriend with some debts, including rent, utilities and 
car payments. At the time that I agreed to help him, he agreed to pay the 
debts back as soon he was employed. He has been employed for three 
months and I've not seen a penny. Is there anything I can do in this 
situation? I have all of the necessary check and bill copies.

I also purchased a computer for him with the understanding that he 
would reimburse me for that as well. He has not done so. I have the 
receipt for the computer in my name. Is there anything I can do to get 
my computer back, or to demand repayment?

Thanks.


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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=625783813
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Category: Business Law
Location: TN
Subject:  Re: Verbal contract involving debt repayment in Tennessee

It would have been best for you if you had written your agreement and had him sign it.  As it is, it will be your word against his.

You can sue him fairly easily if you know his current address by filing a complaint in General Sessions Court for  the county where he lives.  The filing fee is about $120 or $134 dollars.  You will get back your filing fee if you win the case.

Then your actual hearing will resemble the TV program JUDGE JUDY, where you each tell your story to the judge, and then he decides who he is going to believe.  The fact that you have receipts will make your side more credible -- because people do not generally keep receipts unless they expect to be paid or need them for tax returns.


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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=202671554
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Category: General Civil Litigation
Location: TN
Subject:  Unethical Attorney Behavoir Libel Slander?

Hello,
I am a defendant in a case who was in attendance in a deposition.  The plantiff was being deposed and after my attorney made several good points the plantiffs attorney became surrly and snide comments after her client foundered in his answers.  After a question that raised a crucial point of fact, the Plantiffs attorney without provication, called me a liar and then made a degraded comment about my profession. My attorney advised me to let it go although I'm angry and upset by this attorneys outrageous behavoir and wish to seek remedy through the proper channels.  How would I proceed.

Thank you in advance  


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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=449698504
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Category: General Civil Litigation
Location: TN
Subject:  Re: Unethical Attorney Behavoir Libel Slander?

You could file a Motion for Sanctions against the opposing attorney, and ask the judge to review what the attorney said.  Presumably, that will show up in the transcript of the deposition.  It would also prevent the attorney from making the same snide comment when you go to trial.



Question:
Today I went to small claims court with an overwhelming amount of evidence against a man who hit me and drove off. He does not speak any English, likely an illegal immigrant, but a translator was present. The judge said he would not hear our case without this man having an attorney. I came to small claims to avoid outrageous legal fees. So now I feel I have to spend a load more money to get one so I don't get outwitted by a slick talker. Why wouldn't the judge let the translator handle this? Why is an attorney necessary? Also, do I stand a chance in court without an attorney with him having one? I have loads of photographic, eyewitness, and phone records/evidence, but I worry about not knowing the ins and outs a lawyer knows and getting beat. 

Answer:
The standard lawyer response is that a pro se party is no match for a lawyer.  However, I know cases where pro se parties (without a lawyer) have beaten the pants off the opposing counsel. I happen to be a strong proponent of pro se representation.  You may need assistance filing a document that summarizes your evidence in court. The judge did the right thing to make sure a person who does not speak English understands how our legal system works. I suggest you look over the pleadings shown at 
http://michaelguth.com/prose.htm it may give you self-confidence that you can represent yourself and just present your evidence.


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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=551236180
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Category: Civil Rights Law
Location: TN
Subject: Neighbor shot my dog

A neighbor has shot and killed my dog. She beleived that our dog had killed one of her kittens 6 months before the incident. The state of Tennesee has a leash law and we understand that everyone has the right to protect their property and pets. 1) what can we do about the neighbor killing our dog and 2) what can we do about the fact that these people discharged a firearm in a subdivison while not protecting herself or family. Thanks

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=609534768
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Category: Civil Rights Law
Location: TN
Subject: Re: Neighbor shot my dog

You can file suit against your neighbor and sue for damages. Most likely your neighbor violated a criminal statute by discharging a firearm in a residential neighborhood, but I don't know your community statutes to verify that. In any event, I could draft a complaint for $100 for you to file against your neighbor. http://michaelguth.com/prose.htm

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=146799082
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Category: Personal Injury Law and Tort Law
Location: TN
Subject: Who can sue for a mesothelioma death

Can older siblings sue for the death of thier father from mesothelioma or just the spouse and siblings at home?

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=171659657
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Category: Personal Injury Law and Tort Law
Location: TN
Subject: Re: Who can sue for a mesothelioma death

Look up Tennessee's Wrongful Death Statute on the Internet. You will see that the right to sue for wrongful death goes first to the surviving spouse, and if that person is not living, then to the children or parents. The statute does not distinguish between children of the deceased living at home and those living away from the decedent. http://michaelguth.com/prose/freeadvice.civilprocedure.htm