Double jeopardy... using the same evidence in two separate
Double jeopardy... using the same evidence in two separate trials... what do I need to know? I've got a case against the trustees of my family trust for commiting a number of disturbing torts against me in Kansas but it's a Missouri trust. I've only filed the lawsuit in Kansas and it's for false imprisonment, defamation, intentional infliction of emotional distress, trespassing, and more. The trustees actually made a deal with my own attorney to drop my case recently and he had just served the defendants. I can prove it but right now I'm on my own. I've filed a motion to suspend the trustee and since I'm the only beneficiary I think the court will be able to replace the trustees but I'm concerned about presenting evidence. I think I can probably find another lawyer who might be able to help me with a lawsuit in Missouri because there's still plenty of time to file for breach of fiduciary claims but the Kansas case is all me. I don't want to mess this up, what should I be concerned about? Worse case scenario and the judge decides that I'm too incompetent to defend myself and dismisses the case, how can that effect me filing in Missouri a month from now?
Are statements made to someones attorney grounds for
Are statements made to someones attorney grounds for defamation? I've got a case of intentional infliction of Emotional distress, false imprisonment, Breach of fiduciary duty, And more against the trustees of my family trust. It's A long story, but in summary, I just discovered the existence of a dozen false police reports and other reports made to the local mental health department that outline an almost two year long effort to have me declared legally incompetent so I couldn't sue them for committing estate fraud. Like I said it's a long story. I'll try to get the police to press charges for the false reports and they don't want anything to do with it, they keep saying it's s civil matter. And I can't use the information in the report as a basis for a defamation claim because information provided to the authorities in this respect is considered absolutely privileged. so my question is can I Use statements made to my own attorney by the defendants as a basis for defamation and then just have everything else serve as evidence for the claim? It's been over a year since the reports were made so even if I could use them the statute of limitations has passed for defamation. However it's only been about eight months since the defendants met with my attorney and told him the same thing that they said in those reports. They said I was schizophrenic, diagnosed With borderline personality disorder, that I had domestic charges, and basically anything else that you can think of to try to convince the authorities that I was a dangerous to others were a danger to myself. can I use those comments made my own attorney as a basis for this defamation claim ?
A lawyer (family trust) charged me based on time spend
Hi, A lawyer (family trust) charged me based on time spend (amount $122.- : to read email, to reply email, and research time looking through a trust document) answering a simple (Yes/No) question. I was not expecting a charge unless he/his office told me it was chargeable. But I made the 'mistake' of not asking his office directly about whether this is chargeable or not, when I phoned in about the email request I sent. His office did not say it was chargeable or not, but sent me an invoice any way. When I phoned his office to complain/inquire about the legitimacy of his invoice/charge, his office suggested I leave him a phone message, and that he would answer it. That I did. But it has been two weeks without getting a reply. I am very nervous about dealing with lawyers. Could you analyze what situation am I in now, and what should I do now, or not do? Thanks.
Police reports are considered Absolute privelage but
Police reports are considered Absolute privelage but absolute privelage can't be applied if the comments made were later published, so would a police report published in the local newspaper be considered privelaged?
I need a crash course in presenting a motion... My lawyer
I need a crash course in presenting a motion... My lawyer dropped out of the case and I'm about to turn in a motion to suspend the trustees of my family trust. My case is against them and has to do with a number of egregious torts... It's actually a Missouri tryst but the torts were committed in Kansas so that's where my current lawsuit is. I've completed a rather lengthy motion to suspend the trustees and have included a lot of information, the torts were egregious enough for the court to suspend them on its own initiative but I'm sure that the defense is going to contest the claims, what do I do? Do I pull the evidence out and just wait til the hearing to show it or do I put it all in their and let the judge decide?I should add that the case has been continued for six weeks and I'm currently looking for another attorney but need to get this in quick. The trustees just evicted me and are trying to sell the house fast so they dispose of my trust and argue that I don't have standing to sue a firmer trustee of a trust that no longer exists... They also claim that I've violated the no contest clause which I have not.
I am preparing a motion to replace the trustees of my family
i am preparing a motion to replace the trustees of my family trust must rely on the courts to appoint a successor... How do I word this and who can be appointed? Ive prepared the notion and the argument is very strong to replace them but every example ive seen recommends a replacement to the court, i dont have the anility to do that but i dont want to file an incomplete motion, any advice? I dont really care who the successor trustee is, but should i talk to a few banks? There is a LOT of money in the trust.
How does my wife get out of a request for a deposition? Our
How does my wife get out of a request for a deposition? Our attorney just dropped us and the defense has five lawyers screaming at us and a stack of first requests 12" tall. Our case is against the trustees of my family trust who just evicted us from our home and cut off all our money because I filed this lawsuit. Long story short, these men have been trying to have me declared legally incompetent so I can't sue them for estate fraud. I've discovered almost a dozen false police reports and almost 40 pages from the local mental health department that outline the effort. The first police reports state that they didn't have enough evidence and the rest we're supposed to serve as that evidence. Over the last year they've been filing false reports about so they could do it. One year ago just after we were married they convinced my wife that she didn't know me. They told her that I was crazy and that if I found out that she had been talking to them about me I would either kill myself or kill someone else and if that happened she would be held responsible. They told her to keep them informed about everything I do that could cause concern. she told them a few strange things every once in a while but I have ocd so I do a lot of strange things. Anyway, I discovered all these reports and was able to stop them before it happened. My wife has just been diagnosed with severe ptsd, the defendants are trying to blame everything on her, saying that it was all her idea and that they were just trying to help her. It's all lies but she is so scared of going to meet with anyone to give a deposition that I don't think I can talk her into it... They've already manipulated every word she has said over the last year, there is no question that they are going to abuse her even more. What can I do? Our attorney dropped out of the case because of a deal he made with the other attorney. I'm not even joking, I literately have an email from a month ago that says "they have agreed to accept service however I have to get out of the case"... He then sent me a notice of his withdraw hearing that said the 17th but I later found out that the notice he submitted to the court showed a hearing date of the 19th so he was removed by default. I'm trying to find an attorney and the judge granted my continuance but I'm at a real loss on this one issue, my wife truly does have major psychiatric problems because of this and is most likely going to be checked into a hospital soon. The idea of giving a deposition is truly frightening.
My lawsuit is against the trustees of my family trust and
My lawsuit is against the trustees of my family trust and unfortunately my own mother is one of the trustees. She is not in favor of what the others are doing at all and quite frankly is scared of the other trustees. They have been pulling some pretty egregious stunts lately and that includes making a deal with my own attorney to drop out of the case. So I just went to the first status conference today and showed the judge my evidence and he had no problem giving me another two months for a continuance but here's my problem... Some of the best evidence I've collected over the past year is from my mother, I have a dozen or so emails that could make this case alone and over the last few months months I've sent some pretty mean emails to my mother to try to get her to stand up for us against these guys, but today that backfired. The defense asked for a restraining order to prevent me from talking about this case with my mother. They didn't ask to have me stop talking about her, they just wanted me to stop talking about this case. Now I admit that my "rude" emails were about this case but that seems rediculous. If anything, they could have just asked me to be nice. But anyway, the judge saw a few of the emails and asked me about them and I agreed to stop. After the conference, the other attorney sent me a copy of what had been signed and it prohibits me from talking to her about anything that has to do with this case, and not only me but my wife to (she is also named on the petition). The judge hasn't seen the evidence I've collected yet but there is no question that the defense just wanted to prevent me from gathering any more. What can I do?