Questions and Professional Answers

• What to do when using a non-legal name

  I have read on this web site that you can use any name without changing your legal name. I would like to ask a little more about this. If I use a different name than my legal name for my work and get paid for my work (meaning that my non-legal name will be on my paychecks and any other income-related information), will it not create problems or confusion with IRS when I file tax returns using my legal name? Also, how about with my bank where my account is on my legal name?

  • Re: What to do when using a non-legal name

    So long as you do not use a name other than your own for illegal purposes: e.g., to commit fraud, misrepresent yourself as another, you may use such name. As you mention, there can be problems with bank accounts, owning of property, tax returns, etc. For such purposes, you can use a d/b/a (doing business as), a/k/a (also known as) to show that you have adopted the name for business purposes or other reason. Entertainers often use names different from their "legal" name. You are advised to discussed your situation and the purpose of your use of another name with an attorney who can more fully advise you.

    Sanford Martin
    Martin Law Office
    2500 Airport Rd. Suite 315
    Naples, FL 34112-4882

• Question about legal bud

  Hi I was wondering if I sold legal buds as real marijuana could I get in any legal trouble? The bud says it's legal I'm just hustling people for money

  • Re: Question about legal bud

    It is illiegal to sell something as an illegal substance even if it is not in fact illegal. It is still illegal to sell marijuana in MA, so even if what you are selling is not really marijuana but you are selling it to people who think they are buying marijuana or any other illegal substance, it is illegal.

    Gregory Casale
    Gregory Casale Attorney At Law
    316 Main St., Suite 400
    Worcester, MA 01608

  • Re: Question about legal bud

    Wrong - what you are thinking about is not legal.

    henry lebensbaum
    Law Offices of Henry Lebensbaum
    300 Brickstone Square, Suite 201
    Andover, MA 01810

  • Re: Question about legal bud

    You're comitting fraud and larceny, among other things, inviting both civil and criminal liability. No matter what it is you're pretending to sell. You're a con man and a fraud. Good luck with all that.

    Craig J. Tiedemann
    Tiedemann Law Firm (TLF)
    92 State Street, Ste 700
    Boston, MA 02109

• legal right of way

  I have legal right of way to my house. The person that gave me legal right of way has cows on the right of way and they are messing up the road. are livestock allowed on the legal right of way?

  • Re: legal right of way

    The document providing right of way may clarify this point. But otherwise you probably have to live with the cattle.

    David W. Nance
    DWNance.com founding member of NanceGroup.com
    5700 Magazine Street
    New Orleans, LA 70115

• Legal repercussions of assisting someone in filing Pro Se documents

  I was a legal asst. for 10 yrs. Now I am a homemaker and many people call me regarding legal questions eventhough they are well-aware that I am not an attorney and have no legal degree of any kind. To what extent can I assist a friend, etc. with legal issues such as assisting them in preparing and filing pro se documents and research without suffering any possible legal repercussions against myself. Thank you.

  • Re: Legal repercussions of assisting someone in filing Pro Se documents

    The rules for giving legal assistance and advice are the same whether you are a legal assistant or a homemaker. You cannot do either in either situation without direct supervision by a licensed attorney.A larger concern for you should be what civil liability will you have to a friend you are helping if something goes wrong? You will looked upon as the expert, and thus responsible for any problems.Better advice to you may well be to learn to say "no" in the interests of your own standing with the unauthorized practice of law committee.

    Charles Aspinwall
    Charles S. Aspinwall, J.D., LLC
    PO Bx 984
    Los Lunas, NM 87031-0984

• Ethics of Plagiarizing Legal Terms

  I am in the process of determining corporate legal terms of use and would like to model my terms after an existing legal document from another corporation. Is it lawful and ethical to use jargon from other established businesses if the legal terms of an agreement depict a similar method? For example, cell phone plan usage contracts may be very similar for Cingular and Verizon. Therefore, the legal terms in the contract may be very similar ... even exact. Is this legal?

  • Re: Ethics of Plagiarizing Legal Terms

    I'm not quite sure what you mean, but generally, terms in legal contracts are not protected material and, as such, are free to be copied.If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.Glenn M. Lyon, EsqMacGregor Lyon, LLCPromenade II1230 Peachtree Street NESuite 1900Atlanta Georgia 30309Phone 404.942.3545Fax 404.795.0993glyon@macgregorlyon.comwww.macgregorlyon.com

    Glenn M. Lyon, Esq.
    MacGREGOR LYON, LLC
    7 Lenox Pointe, NE, Building Seven
    Atlanta, GA 30324

• Who is responsible for court costs?

  Who is responsible for court costs and legal costs when a collections agency decides to commence legal proceedings? A company is demanding that I pay $48.33 for shipping costs and is now threatening legal action. Do you think they will actually go forward with legal action for this little of a fee? And should they do so, can they actually make me responsible for their legal costs? Their letter said that they intend to recover the debt, any interest, plus court costs and legal costs. Is it possible that I would have to pay their legal fees? Would your advice be to just pay the 49 bucks?Sincerely,Julie

  • Re: Who is responsible for court costs?

    In British Columbia, Court Costs are awarded by the court following a trial or hearing, and the judge specifies who will pay. It generally, but not always, depends on who "wins". "Legal fees" and "court costs" are different things. "Legal fees" are the fees for professional services charged by lawyers and "court costs" are an indemnity awarded by a court to assist with the expense of litigation. The court almost always deals with "costs", not "fees". As to whether or not they will actually sue, that is not a legal question but depends on the policy of the company involved, so that issue can not be answered at all.You have not given enough information to provide an answer to the rest of your question.

    Donald McLeod
    Donald R. McLeod Law Corp.
    832 Fisgard Street, Suite 103,
    Victoria, British Columbia, Ca, BC V8W 1S1

• legal assistant professional responsibilty

  There is a legal assistant that works for a free legal clinic. One of her clients is pregnant. The legal assistant paid for the hospital bill and bought other necessities for the baby. Would this create an ethical problem? Would it matter if the legal assistant was working for a law firm and the pregnant woman had paid legal fees to the firm?

  • Re: legal assistant professional responsibilty

    Legal assistants do not have clients. Legal assistants are authorized only to assist licensed legal practioners. Lawyers have clients; assistants assist. It is a violation of legal ethics for a lawyer to pay a client's bills. Lawyers may advance legitimate litigation costs, but there must be a clear understanding that they will be repaid no later than when the case is concluded. Your example demonstrates an appalling lack of responsibility on the part of the assistanct, and true danger to the lawyer who employs someone so unknowledgable in the law.

    Charles Aspinwall
    Charles S. Aspinwall, J.D., LLC
    PO Bx 984
    Los Lunas, NM 87031-0984

• Is it legal if she used an alias name when getting married

  I married a girl 20 years ago whose birth namewas changed by her mother without any legal documentswhen she were about 3-4 yrs old.After marrying her I noticed her birth certificate says her first and middle name was something else.She was born in california in 1955. Is it legal for her to sign legal forms etc. in her non legal alias,and what if any problems could be realized from doing so? Please provide as much info as possible.Thanks for your help...

  • Re: Is it legal if she used an alias name when getting married

    She is free to use any name she wants as long as it is not for a fraudulent purpose.

    Ken Koury
    Kenneth P. Koury, Esq.
    22817 Ventura Blvd., #940
    Woodland Hills, CA 91364

• How can I get hispanic wife legal

  I was born in US and white and married my non-legal Mexican girlfriend. She already had 2 legal children bborn in US and we just had a duaghter together. How do I get her legal papers to work, drivers license, etc. Also long term to be a citizen.I would like to avoid having her going back to Mexico. What is the fastest option?

  • Re: How can I get hispanic wife legal

    There are only a limited set of circumstances in which a "non-legal" person may adjust status to permanent resident (green card) while in the U.S. based on marriage. If the person initially entered the U.S. with a visa and merely overstayed her authorized period of stay, she may be eligible for permanent residence without having to leave the U.S. If the person is the beneficiary of a petition that was filed under the LIFE Act in 2001, she may be eligible for permanent residence as the result of being "grandfathered" under the old law. If neither of these circumstances apply, she will most likely have to leave the U.S. and undergo consular processing.The above are general assumptions. For a detailed analysis of your case you may wish to hire an attorney for a legal opinion based on a thorough examination of your case.Please feel free to call me with any questions.Sincerely,Vincent Martin

    Vincent Martin
    Hellmuth & Johnson PLLC
    10400 Viking Drive, Suite 500
    Eden Prairie, MN 55344

• giving legal advice

  In Ohio is it legal for a certified legal intern who hasn't passed the bar yet to represent a client in court at adversarial bench trial proceedings?Also is a paralegal allowed to give legal advice?

  • Re: giving legal advice

    Certified legal interns are permitted to represent clients in limited circumstances under the strict supervision of a licensed attorney. I would need to know more about the circumstances of the individual case to answer the question. If you would like to discuss it further, feel free to call me.Respectfully,Richard A. Cline

    Richard Cline
    Richard Cline & Co., LLC
    580 South High Street, Suite 200
    Columbus, OH 43215-5644