/r/Ask_Lawyers

Photograph via snooOG

A place to post questions about legal issues and get answers from lawyers.

Anyone may post questions; only lawyers may post answers.


šŸ—”ĀÆ\_(惄)_/ĀÆāš–


PRIME DIRECTIVES:

  • Do not request legal advice.

  • Do not give legal advice.

  • Do not answer questions unless you are a verified lawyer with flair.


Please read the rules before posting or commenting.

Not 100% sure your post is okay? Read this.


This sub is a place to post questions about legal issues and get answers from lawyers. Do not post questions seeking legal advice for matters that concern you or someone you know. It would be unethical for a lawyer to give you such advice on reddit. If that is something you think you need, please seek a free consultation from a lawyer licensed in your state.

Here are a few of the types of questions we strongly encourage:

  • Questions about recent (or not so recent) Supreme Court decisions.

  • Questions arising from current events or politics.

  • Hypothetical or academic questions about the law, the Courts, the Constitution, or the workings of government.

  • Questions about the profession of law, especially from those considering or already attending law school.

  • Questions from law students or undergraduates who are having trouble understanding something they are studying.

Again, seeking or providing legal advice based about your specific circumstances or otherwise developing an attorney-client relationship in this sub is not permitted and would be unethical. Lawyers here may not recommend a specific course of action, remark on the merits of any potential claim, or give any advice that any person might reasonably rely upon. If you are unsure whether your post is okay, or if you would like clarification for why this rule is so important, please feel free to message the mods, or to PM me, /u/Slobotic, personally and I will be happy to discuss it with you.

Hypothetical questions are permitted, but please do not use "hypothetical" questions as a means of soliciting legal advice. Questions which seem to be veiled requests for legal advice will be removed.

Please report any questionable posts. The moderation team greatly appreciates the assistance we have gotten from subscribers. Thank you!


ATTORNEYS TAKE NOTE: Unethical conduct on this subreddit will get you banned, and as with all online conduct has the potential to land you in real world trouble. This includes offering legal advice, negligently forming an attorney-client relationship, violating attorney-client privilege by doing so on a public forum, etc. Please conform your conduct to the ethical rules and guidelines of our profession at all times. Report any post or comment that may be surreptitiously soliciting legal advice, and always err on the side of caution.

Law students are encouraged to post questions arising from their studies, just not while taking exams.

/r/Ask_Lawyers

79,184 Subscribers

0

Are public defenders trustworthy?

What incentives exist for a public defender to maintain the defendant's innocence? Are there any examples of cases it would be better to hire an attorney when a public defender has already been appointed? Any info greatly appreciated, thank you in advance!

6 Comments
2024/11/09
22:01 UTC

0

Broken Glass on Phone OSHA concern

Sometimes companies will have a written policy of best practices to not use your personal phone for work but will also require you to use your personal phone for work. From required apps to fulfilling work duties personal phones are required for work when the probably shouldn't be used for work.

What happens when the glass on the personal phones is broken? Working with broken glass falls under OSHA blood borne pathogens rules.

The employers don't specifically require employees to provide a safe phone but require the employees to be to use their phone.

If one employee is using a phone with broken glass it could be a safety hazard for themself or others. Who is responsible for the dangerous broken glass? The employer requiring the unsafe personal devices being used or the employee required to use the unsafe personal device.

This is a question for OSHA but I thought I would ask opinions here first because OSHA is closed on the weekends.

1 Comment
2024/11/09
21:34 UTC

0

Can I sue the IRS (and if so can I pursue a class action?)

Before I go to an actual lawyer to ask, I wanted to know if thereā€™s a precedent.

I applied to be a certifying accepting agent through the IRS and canā€™t upload my documents. I applied since the end of August and had problems with my PTIN (it said it was active in IRS e-services, but it was not working in the IRS application itself); my PTIN was not working for over 2 weeks and I couldnā€™t finish my application until about 9/20 because of the PTIN issue (and itā€™s still not complete). I completed my forensics training 9/12. I tried to use the document upload until 9/23 and it said my credentials were incorrect so I emailed. I emailed the IRS 9/23, 9/30, 10/17 in that order because they didnā€™t reply to my emails. 10/17 they replied:

ā€œThank you for contacting the ITIN Program Office.

We see the issue and we can replicate the issue. We have elevated it to our programming staff and are awaiting their resolution. Once we have the resolution, we will notify you.

Thank you for your patience.

H. DXXXXXX

Tax Analyst

ITIN Policy Sectionā€

10/23, 11/07 I emailed again to follow up. No response. Iā€™m thinking of making a solicitation for interest in applying for an ITIN through me at my university to assess how much money Iā€™m actually losing. Iā€™m thinking if at least 30 people reply the solicitation, itā€™s enough to make a case (thereā€™s already 9 international students who have asked me about my ITIN application process). I feel Iā€™m actually losing wages.

Iā€™m also not the only one having problems with the IRS application process, so Iā€™m thinking a class action lawsuit (and itā€™s a valid case together all being wronged by the IRSā€™ incompetence). Luckily I didnā€™t waste money on tax preparation services as Iā€™d probably have the same type of issues. Iā€™m already a small business providing notary services to mainly Chinese and Hispanic clientsā€”surrogates and intended parents abroad signing surrogacy agreements through American law firms. Iā€™m a struggling college student and this was meant to expand my services since notarization is quite niche and specialized. This also isnā€™t the first time Iā€™ve had issues with the IRS. Iā€™m convinced this is a uniquely American issue. My forensics certificate I believe expires in 90 days from the date of issue. If everything went smoothly, I would have finished my application 2 months ago and would have been approved by now. Ridiculous.

1 Comment
2024/11/09
21:02 UTC

0

How much money makes you a target?

It seems to be common knowledge that being a HNW individual makes it more likely that you will get sued. Is there some lower bound below which a lawyer/firm might consider the effort of a suit not worth while? I'm a practicing structural engineer, and have a bit of exposure to high dollar projects going wrong. I'm by no means hnw, and maybe at any point have 'only' about 50-100k in non-exempt assets. Forget about professional liability insurance in this case - would I be worth suing?

3 Comments
2024/11/09
19:08 UTC

0

License suspension

Last year my bf got into an accident while intoxicated and was charged with OWI w/ injury in the state of WI. At the time of the initial arrest his driverā€™s license was obviously suspended. Now (14 months later), his case was closed and he got sentenced to a little bit of jail time as well as 16 months license revocation & 16 months of ignition interlock. With his jail time he has 1 day of retroactive credit from initial arrest factored in his sentencing, I am wondering if the same thing applies for his license revocation. If he has already had his license suspended for over a year would that get factored in to his 16 months of revocation? Or does that 16 months start at the time of sentencing? It seems kind of arbitrary to me seeing as his sentencing could have happened 1 month after the accident or at this point over a year later. Thanks.

3 Comments
2024/11/09
18:38 UTC

0

Can Trump use SCOTUS to change constitution?

Specifically, can they change the constitutional rule around a 2 term limit?

18 Comments
2024/11/09
17:21 UTC

0

Are lawyers always serious even outside the office/court?

I understand lawyers need to be serious for their jobs, especially if they are representing important matters such as someone going to jail, or deals worth billions of dollars.

I imagine lawyers must have a high threshold of tolerance to always be composed and serious all the time.

But are they the same outside the office / court? How do you relax? How do you let your inner child come out? Are you able to? What about your petty side? (you know you have one).

46 Comments
2024/11/09
15:30 UTC

0

Should I make a big deal out of this or let it slide?

So basically my job automatically deducts lunches. The problem is you're not legally required to take a lunch unless you work 7.5 hours or More. The problem is that they deduct the lunches at 5 hours. So even when we work 5 hours shifts straight with no lunch break they deduct the time.

I confronted them about it asking why are they deducting a lunch break when i didn't take one. Especially if I leave early or work a Saturday (Which we're only required to work 5 hours). I told them said laws and they claimed they "didn't know" and its the system that automatically takes the lunches. Basically Insinuating it's out of their hands.

I did the math looked at my timesheets and it indeed showed they were stealing time from me. Several of my coworkers don't see a big deal about it(Due to our branches leniency). With that stated that doesn't sit right with me. I noticed a fewmy coworkers changed their lunch time from 1hr to 30min. So obviously it did bother a few of them.

Should I go to the Law Library or let it slide?

6 Comments
2024/11/09
15:00 UTC

0

Prosecuting for $ an Ex NFL Player for FRAUD on Current Medical and Social Security Disability Claims

How do I pursue a legal action for a fraudster and expose or whistle blow him on Medical Insurance, Social Security Disability Commission and 3 Fortune 500 Companies and is still receiving those benefits? I was in a relationship with a former NFL player who, unfortunately, was only in the big leagues for a year before being let go due to an injury. Since then, he has transitioned into corporate America, where he has spent the last 7 years. During this time, I've discovered that he has been falsely claiming sports-related and mental health injuries. This includes a mix of short-term and long-term leave of absence, as well as Social Security Disability, all while rotating through seven different companies over various periods. He typically stays at a company for one to two years before starting the cycle of benefits again.

At one point, he even sued for disability, claiming he could never work again, and settled out of court for an astonishing $400,000. Just 48 hours later, the next company he joined announced his hiring, leaving his former employer shocked and wanting to retract the settlement. However, his attorney assured them that his condition was a "miracle." The previous firm warned him that they were monitoring his activities, indicating they were aware of his deceptive tactics.

Without divulging too much about my case, it's clear that this ex-NFL player has built a complex web of lies that can be verified. It's well-known how easy it is to manipulate the system by ā€œdoctor shoppingā€ or coercing someone to provide misleading documentation. I do have emails, texts, and a few voicemails that highlight his fraudulent actions, but I'm uncertain if they would hold up in court due to the possibility of them too being challenged in court. I am sure he has destroyed any physical evidence of our exchanges by now, knowing the damages if two pairs were found could cause.

The real kicker is that he never achieved fame but now works as a keynote speaker, traveling to luxurious locations and staying in fancy hotels at the expense of various companies and entertainment venues. He mingles with celebrities and athletes, and his self-centered nature is evident on his social media pages. He often shares videos and updates from events, although he keeps his life somewhat private from the general public and only shares with a close circle of friends and acquaintances.

His latest scheme involved circumventing termination and avoiding short-term disability by directly applying to a third-party long-term disability provider, which he successfully did in 2023. This boosted his ego to apply for Social Security Disability, allowing him to continue his travels while collecting around $15,000 a month in benefits. Iā€™ve known him long enough to recognize that he openly discusses how to manipulate the system, even suggesting to others at events that they should "check themselves into a hospital for a few days if necessary and emphasizing the importance of convincing themselves first of their illness.

Having recently visited the Social Security office to apply for my six-year-old son's Social Security card, I gained insight into the genuine need of many individuals there. I possess videos of him actively engaging in high impact sports that contradict his claims of a disability, which could serve as evidence of his deceit. I've read that reporting fraudsters could lead to some financial reward in the savings from which you help the Government and get back for the Healthcare providers. I'm unsure whether this falls under a whistleblower lawsuit or pertains to the entertainment industry or nothing at all. Any advice is extremely helpful -Thank you.

8 Comments
2024/11/09
08:43 UTC

0

First Amendment on private property

I'm in a discussion with someone, and I became curious about this but can't find the answer on Google for my life. So I know the first amendment in the US protects us from government retribution except in certain cases, such as incitement to violence, defamation, incitement to criminal activities etc. But what if those happen only in a person's private home, and not in any public space? Could that person still be punished?

3 Comments
2024/11/09
04:47 UTC

2

Can RFK really ban pasteurization?

I heard he has the idea to do this from a post in r/milk

12 Comments
2024/11/09
04:22 UTC

0

Loss of Use claim for no-fault accident

I was rear ended today (minor damage) and I use my car to deliver food for various delivery apps. Will I be able to claim lost wages through the other drivers insurance for the time my vehicle is being repaired in the shop? I live in New York State. If you need any more info to better answer my question please don't hesitate to ask!

1 Comment
2024/11/09
03:48 UTC

1

Do we pay booth rent if a Natural disaster prevents us from working?

Lawyers,

Iā€™m a hairstylist that rents my booth. Due to a natural disaster our power was shut off by the city and our salon/shop was located in a danger zone area. We were unable to work due to the disaster and the owner wants to charge us rent for the days we were unable to work.

Is this legal?

We are in California btw And there is no contract with the salon stating anything about natural disasters

1 Comment
2024/11/09
03:12 UTC

0

Can I get sued by writing a negative review? Sorry for long post

Hi, I want to write a negative review on my esthetician school after I get my license, but dont want to get sued. The school mostly caused me emotional/mental abuse.

For some reason the owner already hated me. She wouldnt stop embarrass me (call me out on things) in front of the whole class. Im a quiet and shy person so the first time she yelled at me i went to my car to cry. Eventually sheā€™s done this so many times I got used to it. Financial i was struggling keeping up with the payment and family wise I had a baby and he turned one and she used those things against me in the end when im so close to graduating.

Nov 6th i was hungry and wanted to get food, at the time i was driving my sister said she had an interview so i headed home to take care of my baby, the owner calls me and in front of everyone say come back because im going to drop you out if the school. But I only have 48 hours to go. I will be honest and I do understand her point of view. I started in January 2024 and she said it was a 6-7month program. But others have been there over a year and she had no problem with them. She made me sign a drop out form saying if i dont graduate by early dec, im out and i totally get it. She called me a liar because i went to take care of my baby instead of getting food and when i tried to explain she kept saying she didnt want to hear it and kept talking over me. When i told her about my financial problems she was said Iā€™ll just charge you more so you learn your lesson. And told me to bring my sister (my sister has nothing to do with the school, shes doing me a favor in taking care of my child when im in school) and she basically was going to ā€œforceā€ my sister to take care of my child. I told her ā€œ my sister doesnt have to do anything, shes doing me a favor and has the right to not take care of my kid if she doesnt want to.ā€

Overall I didnt really have the greatest experience there and i see her yelling at others too. I just want to write my opinion on google review and want to let others know with what type of person they are dealing with. I will be writing my experience and everything will be honest. Will I be able to post it without any problems?

2 Comments
2024/11/09
03:03 UTC

1

eviction? idk

the house i used to live in had an owner who passed away suddenly. his will was distributed and the recipients of the property have now filed a ā€œnotice to vacate.ā€ i currently live somewhere else and have for 3 months. however, it is a previous residence that i lived at therefore my name is on the paper. is this going to show up as an eviction? should i tell my current rental property the story? lol help.

1 Comment
2024/11/09
03:02 UTC

0

How can you say the judicial process isnā€™t bullshit?

Youā€™re the cause of this garbage so explain how it works properly, diligently and rightfully without 9 hearings, quoting law and making a motion when you hear anything you donā€™t like? I have met way more murderers that I trust, yet go find a lawyer even close to trusting.

18 Comments
2024/11/09
02:49 UTC

1

Can a K9 become a Bomb Sniffing Dog and a Narcotic Dog at the same time?

I met with my friends in the police force. Iā€™m technically the youngest in the group so usually Iā€™m the one being joked around being young and naive. I own a Belgian Malinois, very smart dog. They told me if I wanted him to be a bomb sniffer or a narcotic detection dog because they claimed you canā€™t have both. But if itā€™s really true, Iā€™d choose narcotic detection.

7 Comments
2024/11/09
01:08 UTC

2

Is it possible to set up a will so that all my funds/liquidated assets are sent to the Library of Congress?

When I die I would like to donate all my money to the library of congress. Is it possible to do this? Would it be easier to give to a local public library instead? I do not anticipate having family around when I die and would like to give it to something I care about

6 Comments
2024/11/09
00:24 UTC

0

i had a false arrest with police misconduct 5 years ago, is it too late to open a case?

it caused lasting ptsd that i still deal with so idk if thats a viable option

2 Comments
2024/11/09
00:22 UTC

2

How do I get a court order for email access?

My dad passed away in 2019 and I am next of kin and legal executor of the estate. He traveled all the time and backed up all of his photos to his google/gmail account. Google has already approved my documents on their end, but to move forward they need a court order. Google provided the language that they need in the order, I just donā€™t know who to go to to get something like this done. Do I have to get an attorney? How much would something like that cost on average?

Any guidance would be so appreciated!

6 Comments
2024/11/09
00:16 UTC

17

Do lawyers give clients ethical advice also?

Lawyers give unbiased legal advice to clients, but do they ever give ethical advice to clients even if a clientā€™s actions may technically be legal.

For example, I am thinking about more within corporate law, and maybe in industries that are new / less regulated for example AI. There may be more of a grey area with the law that the lawyer can advise on, but does a lawyer also advise on what is also ethical? Or would ethical advice then be biased?

14 Comments
2024/11/08
23:00 UTC

1

Can someone help me understand the paths that would lead to loss of marriage equality in Ohio?

My partner and I (lesbian couple of 2.5 years in Ohio) are weighing what our ā€œwe need to go elopeā€ point should be in light of the election results. I donā€™t want to jump to conclusions or rob ourselves of a ceremony down the line, so weā€™re trying to look at things as logically as possible. Any help in understanding the paths that the courts or lawmaking bodies might take to end marriage equality would be appreciated.

So far, I understand that the clearest national-level threat would be if a gay marriage case from another stateā€™s supreme court made it to the US supreme court, in which case the conservative-majority of the 9 may be able to erase the requirement for states to provide gay marriages against their own laws.

Then thereā€™s the potential repeal of the 2022 national same sex marriage protections, which would be complicated and maybe more unlikely?

Ohio-specific, Obergefell is overruled by another case, Ohio will not offer gay marriage. Is there any up-and-coming statewide case that could change anything related to Obergefell or the 2022 same sex marriage protections federally?

Are there other questions I should be asking? Thank you in advance for any insight yā€™all can give.

11 Comments
2024/11/08
22:38 UTC

1

Blackmail?

So bit of a complicated situation to follow but, here we go.

My partner and I have been trying to get our cat back from her sister but the sister is refusing to give us the information necessary to retrieve the cat. She had to leave the cat with the sister for an extended period of time while my partner moved to a different state and couldnā€™t currently bring the cat along. Fast forward 3 months and now the sister has since moved from Massachusetts to Nevada. The sister is claim abandonment despite my partner being in constant communication with the desire to get the cat back the entire time. And the sister is claiming we owe them money and refuses to return the cat without payment first. We currently live in California. Is this worth trying to go to the authorities? This sounds like theft and now blackmail but if I knew that I wouldnā€™t have come seeking this communities wisdom

3 Comments
2024/11/08
22:37 UTC

0

I have a few questions but firstly, is it legal for my boss to pull rank? My boss recently gave everyone a packet of things he wants done and at the end of it it said "I am the boss, what I say goes, no questions asked"

11 Comments
2024/11/08
21:26 UTC

2

How to find a good divorce lawyer (for someone on a budget)

It looks inevitable, so the time has come to shop for a divorce lawyer. How to pick a good one?

4 Comments
2024/11/08
21:17 UTC

3

Real Estate Trust Power Struggle: Lawyer Up or Arbiter?

This is in Massachusetts, Cape Cod area. I'm asking on behalf of my stepmother because she doesn't know what to do, and isn't internet savvy. She's a good person and is very much averse to ruffling feathers, I'd like to see her not get screwed over.

My stepmother is part of a family trust with her two siblings(A & B), the trust included two houses. She and my father have been living in house #2 for 40+ years, and have paid for all the upkeep, maintenance, and (I believe) taxes, the entire time. Not quite 20 years ago, the trust took on a mortgage to pay for their mother's end of life care and renovations on house #1. My Stepmother agreed to assume payment of that mortgage, in return for ownership of house #2 once it was paid off, or the trust was dissolved; I do not know if this is in writing. Prior to this she rented the house from her mother, who owned both properties. House 1 was recently sold, the siblings split the money 3 ways, that went clean. No issues there. Now sibling B is insisting, as they are 1/3rd owner of the trust, they are therefore 1/3rd owner of house #2, and wants her to buy him out based on today's market value (roughly 4x the original mortgage). Sibling A is on my SM's side and is insisting SM is now the full owner of House #2 and the trust should be dissolved. Sibling B's wife was (supposedly) a real estate attorney, and set everything up Edit: She was a CPA for a Real Estate Attorney.

Additional note that I don't know if it's necessary to share: The house has a downstairs apartment, and Sibling B has supposedly been in charge of collecting the rent and maintaining the money for the trust.

This would effectively consume all the money my SM received from the sale of house #1. She has no retirement savings, and was hoping to use the money to pay off the mortgage. This way at least she'd own the house outright in retirement.

Would a lawyer be best to get this resolved, or an Arbiter?

4 Comments
2024/11/08
21:16 UTC

0

Is it illegal to look through someoneā€™s phone without permission?

I went through my gfs (now ex) phone because I suspected her of cheating and I was right. Now sheā€™s threatening to call the police bc I went through her phone and is calling me a stalker. Should I be worried? My gut tells me no but Iā€™m not sure. In Louisiana btw

4 Comments
2024/11/08
20:41 UTC

3

Presidential Succession

After seeing the news report about an alleged Iranian plot to assassinate president elect trump it made me curious about the line of succession.

I know this is far fetched but if the president and vice president elect were assassinated before being sworn into office as well as the speaker and president pro tempore of the party that would take control of the house and senate, who would be next in the succession?

5 Comments
2024/11/08
19:22 UTC

1

File clerk here(California)ā€¦how do other family law offices handle intake and client files?

Hi! I work at a family law office (mostly divorce) with 4 lawyers and about 130 clients. I feel very overwhelmed with the amount of work that I do. I'm wondering how other offices run and if things can be more streamlined. Everyday I keep a list of all documents that are created by us and all documents that come in to the office. I scan everything into our Dropbox. I rename every document in Dropbox and then move each document into the clients efile. The physical documents are then put into the clients physical file. It just seems so time consuming and I'm always behind. Do most places have both a an efile and a physical copy? Why do I need to keep a daily list of all of the documents we make? Obviously if we created it we already know about it. It only make sense to keep a list of what is sent to us, so the paralegals and attorneys know what came in that day.

1 Comment
2024/11/08
18:15 UTC

0

Why aren't we double-checking the election results (and I don't necessarily mean recounting)?

I'm sorry if this is the wrong sub, but it seems that most people are shocked by the election results. Now that a convicted felon who is allegedly guilty of trying to cheat during the last election has somehow won the popular and EC votes, is no one suspicious even a little bit that something awry is possibly happening here? Thanks for your time and expertise.

17 Comments
2024/11/08
18:11 UTC

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