20
votes
Accepted
Is it allowed to non-consensually submit someone's diary as evidence?
united-states
Is a personal text (like a diary), submitted without the consent of
the author, admissible evidence?
Usually, it is admissible evidence. There is no legal right to keep your diary ...
- 230k
11
votes
Accepted
Is law enforcement responsible for damages made by a search warrant?
The police officers themselves are covered by Qualified Immunity - to put it briefly, a government official acting in their official capacity in a discretionary act (as in, they have some discretion ...
- 4,915
8
votes
Is it allowed to non-consensually submit someone's diary as evidence?
If you are in possession of evidence, you can be required to produce it
If you are a party to the case (plaintiff or defendant) this is through the discovery process. If you are not a party, then your ...
- 219k
4
votes
Can an improperly drafted contract be invalidated?
Do I have any recourse for invalidating all or part of the contract?
No.
There is a presumption in contract law that when a contract is reduced to writing then what that writing says is what the ...
- 219k
4
votes
Can a lawyer's pattern of "own goals" constitute malpractice?
If your lawyer repeatedly makes mistakes or other actions that tend to
benefit the other side (this was not a one time thing), even if it
stemmed from incompetence, could that constitute malpractice, ...
- 230k
3
votes
Is there a difference in a lawyer's culpability between "negative" and "positve"malpractice?
The question entangles two concepts that are not identical.
The standard of recovery for malpractice is negligence. Negligence could involve omissions. But, it could also involve positive acts, for ...
- 230k
3
votes
Accepted
What happens if someone provides evidence in court without the knowledge of the judge?
united-states
I am answering this in the case of a criminal jury trial (given the context of the previous question).
It is my understanding that the judge must accept (almost?) all
evidence admitted ...
- 230k
3
votes
Can a lawyer's pattern of "own goals" constitute malpractice?
Professional-conduct rules vary from one state to the next, but generally speaking, lawyers all have a duty of competence and a duty to avoid conflicts of interest.
These are separate, though, from ...
- 61.5k
3
votes
My dentist denies mistakenly cutting off the tag connecting the lip to gum while putting in an implant. What can I do?
You'd have to get technical advice from Dentistry SE or something like that, but it is unlikely that this constitutes malpractice, instead was found to be necessary in the course of the implant. You ...
- 216k
3
votes
Accepted
Can an improperly drafted contract be invalidated?
Whether or not a lawsuit against the attorney is at all practical is a matter that only your other attorney can advise you on (after carefully studying the facts). The primary question is whether the ...
- 216k
3
votes
Can I refile a case I withdrew without prejudice many years ago?
Once you withdrew the complaint without prejudice, any statute of limitations benefit you obtained from filing the lawsuit evaporated. From a legal perspective, it is as if you never filed at all, ...
- 230k
2
votes
Accepted
Getting Sued for Second Medical Opinion
Yes. Anyone with the filing fee and a laptop and a printer can bring a lawsuit. And, if a medical doctor provides advice that falls below the standard of care for a physician and causes harm, it is ...
- 230k
2
votes
Could a Doctor Refuse to Treat a Patient in an Emergency?
The Emergency Medical Treatment and Active Labor Act is a federal law which requires that a hospital emergency department to
provide a medical screening examination, if the hospital accepts Medicare ...
- 216k
2
votes
How to search for court records regarding medical malpractice for a particular physician?
This doesn't answer your question about court records, but I suspect it's what you really want. New York maintains a site where you can search for information about physicians licensed in New York:
...
- 38.8k
2
votes
Accepted
How to search for court records regarding medical malpractice for a particular physician?
Yes
Court records are public unless the judge ordered them sealed. For NY, this is how you get them.
- 219k
2
votes
How to convince Google to fix a problem that caused few thousand $ damage?
You ask ... nicely
Because you no real legal remedy because you agreed to this:
LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE WILL NOT BE LIABLE FOR YOUR LOST REVENUES ...
- 219k
2
votes
Accepted
What happens during and after investigations into a false conviction?
The primary distinction is between overturning a conviction on appeal, and exoneration. In the former case, there may be some important evidence that was admitted but legally should not have been: or, ...
- 216k
1
vote
Ethics Complaint Statute of Limitations [OH]
According to this source:
In the context of filing a State Bar grievance, the statute of
limitations is 4 years from the date of the alleged professional
misconduct.
This is the same as the statute ...
- 230k
1
vote
Is a lawyer required to discuss adjournment requests with a client before consenting?
does he need to consult with his client
By default, no.
Lawyers are vested with reasonable latitude in figuring out on their own what is in the best interest of their clients.
Not consenting (i.e. ...
- 28.1k
1
vote
Accepted
Is a lawyer required to discuss adjournment requests with a client before consenting?
canada
In Canada, the Codes of Professional Conduct, established by the regulating bodies in each province, have a rule similar to:
A lawyer must be courteous and civil and act in good faith with all ...
- 65.9k
1
vote
What happens if someone provides evidence in court without the knowledge of the judge?
The premise of your question, as I understand it, is mistaken.
The admissibility of evidence may be determined pretrial through a motion in limine, but that is the exception rather than the rule; the ...
- 61.5k
1
vote
Is there a difference in a lawyer's culpability between "negative" and "positve"malpractice?
I don't know of any jurisdiction in the United States that recognizes any difference between the two. It's not a particularly useful distinction, largely because the range of potential malpractice or ...
- 61.5k
1
vote
How/when do the parties know that a contract is a "go?"
When the offer has been accepted and that acceptance has been communicated
Or, for a contract with conditions precedent, as above plus when the preconditions have been met.
Or, when all parties act as ...
- 219k
1
vote
To what extent is a lawyer guilty of malpractice for material misrepresentations to a client, and the client's counterparties?
The circumstances described would constitute a breach of fiduciary duty, but probably not professional negligence (which is the usual cause of action called "professional malpractice." There ...
- 230k
1
vote
What role, if any, would unethical behavior play in a malpractice case?
Breaches of the Standard Of Care
A "C" is adequate from the point of view of professional competence.
Basically true. The attorney has to do an adequate job, not an excellent one.
Some ...
- 230k
1
vote
Accepted
Wrongful Death Medical Malpractice
The statute of limitations is 3 years from the injury.
If you were to sue in court, you would sue as a
representative of the estate of the deceased on behalf of surviving relatives. The principle is ...
- 216k
1
vote
What consequence if an attorney loses critical evidence of their client?
There are several areas that this question leaves unclear. I will assume that "attorney" is the attorney hired by "client", not an opposing attorney, although the question does not ...
- 114k
1
vote
Can a medical professional be liable for not completing a procedure as claimed?
This seems to be a case of breach of contract.
The doctor promised to remove both wisdom teeth, and only removed one.
While I believe a patient would succeed in suing the doctor for breach of ...
- 6,167
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