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Recent Tortious Interference questions

I am worried about my lawsuit getting dismissed due to

I am worried about my lawsuit getting dismissed due to inaction.I hired an attorney to sue a realtor who forged my signature on something I was vehemently opposed to signing. The result was devastating financial loss in the form of my only robustly profitable rental property and the income that formed the backbone of my retirement income.It's been 2 years since I hired the first of two attorneys. I let him go a year ago when he refused to help me respond to discovery and was demanding $6000 to continue, despite having $2400 of mine and a retainer that said he would never ask for more than $3000 at a time. The second attorney revised the complaint by adding causes of action related to tortious interference in my business relationships with my former tenants, filed it as the first amended complaint, and helped me respond to discovery.There was a case management this month, but it was postponed at my attorney's request.Recap: The forgery was in June 2013. I hired a lawyer in July 2014, filed the lawsuit in May 2015 and a filed a first amended complaint with a new attorney in June 2016. My legal costs to date for both attorneys have been about $24,000 and I couldn't be less happy about progress than I am now. I haven't sent out discovery, for example, and it's essential that we talk to the escrow officer, the buyers, and their agents to find out what they recall about my agents' disclosures about me and my desire to cancel, if any. Three years out, they might have forgotten, and can easily get away with saying they have forgotten, even if they haven't.I imagined an aggressive advocate fueled by indignation and righteousness, fascinated by damning evidence in the contents of 3 years of email between me and my agent, which I organized for ease of study. I have only discussed the case once with the new attorney, and I don't know if he sees it as I see it. What I lost was rental income until the day I died and an asset to leave my brother's children. He is focused on the selling price being too low, but that's chump change compared to its income should I live another 30years, and likely to devolve into dueling appraisals; I am outraged that it sold at all.Could the defendants (the agent and her broker, who repeatedly told her not to cancel the escrow, she said at the time) move to have this case dismissed for lack of prosecution at this point? Would it be considered malpractice if my attorney, by neglecting the case, allowed that to happen? Finally, should I look for attorney #3 at this point?

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Irwin Law

Juris Doctor JD

8,434 satisfied customers
I was a CPA and tax preparer for a commercial real estate

I was a CPA and tax preparer for a commercial real estate client in 2009. I retired in 2010 due to glaucoma and the client retained a new tax preparer. The taxpayer was subject to an IRS audit in either 2013, 2014, and I was summoned with a third party summons. I worked with the client's attorney and I appeared in an IRS interview in May 2015. The client's attorney was present, as was several IRS agents. I provided truthful information to the IRS that day. I have not heard from the IRS or the attorney since then. I have always had a good relationship with this client, even after I retired.After retirement, I purchased a business who rents property from the client. Since the testimony, the client has been getting increasingly hostile toward me, and in June 2016 changed business practices on my payment of rent to him (my company is very cyclical, and he always allowed me to fall behind in our slow months, but get caught up in our busier months. In this case, he waited until the highest month I fall behind, June, to tell me I owe him all due rent or he would file suit), and told me that he would make sure I went out of business and bankrupt. He was very agitated, and I felt threatened. After he stormed out, his wife turned to me and said "We should have put you out of business a year ago". He has subsequently filed suit, but unfortunately, in Missouri retaliation is not a defense in a rent case. Before I was served with the suit, I had made an offer to vacate the premises in a timely manner and pay the rent due over time. Right after the offer, the wife had asked for proprietary information to evaluate the offer. I provided the information, and they promptly have gone out and shared the proprietary information with my competitors and telling them I will be out of business by next month. They have also discussed my business with my clients who have called them to discuss the situation.My questions is this...Is there provisions or protections afforded me in this situation. I have contacted the IRS, but have not heard back from them yet. Can we do something in a civil case?Thank you.

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Gerald, Esq

Juris Doctor

5,144 satisfied customers
I am a teacher from the United States. I am currently in the

I am a teacher from the United States. I am currently in the United States. I signed a contract for teaching English with a university in China (represented by a recruiter) starting in August of this year. In the meantime, I was offered a much better job in the U.S. The Chinese contract states that breaking the contract results in a penalty of between 10,000 and 50,000RMB (or maybe more). I have several questions regarding this situation. First, is it legal for a contract to give such a broad range and even leave undefined ("maybe more") the penalty for breaking the contract. This seems suspicious. Second, would the school have any way to collect the penalty from me in a U.S court, is it likely? Third, what are the consequences, in terms of traveling or working in China in the future of breaking the contract and not paying the penalty. Fourth, what are the legal implications of being under a contract in the U.S .and one in China at the same time (because of a potential problem in the U.S., the school might decide to let me go after I sign the contract and so I might actually need to take the job in China--what would be potential problems with signing two contracts in two different countries whose periods overlap?)

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,696 satisfied customers
I want to report an egregious criminal to his employer but

I want to report an egregious criminal to his employer but I want to protect myself against any defamation charges so my good samaritan act doesn't blow up in my face. I could send an anonymous email, but doesn't everything online get traced these days? And doesn't an anonymous letter lose legitimacy? How do I go about reporting this dangerous individual without turning my own life into a living hell?

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Ely

Counselor at Law

Juris Doctor

63,770 satisfied customers
My questions are a continuation from the same subject

Hello, my questions are a continuation from the same subject matter discussed earlier today. I have to submit answers to the complaint today. I have completed my answers, I'm now down to defenses and counter claims. I realize that you cannot advise me of the merits of defenses but in summary I believe that I have the following arguments to support my position:I own a golfcourse and restaurant operation. The lender is a old family owned bank in another state. When the real estate markets collapsed, they took a different approach than most lenders and sent their credit person to each commercial borrower and made good efforts to work through the crisis. That was a good move and it gave me time to work through things. I developed a close relationship with the credit officer who emphasized communication, honesty, and openess. I had no problem with this. Over the course of 7 years, we would spend significant amounts of time discussing the state of our markets among other things. During this period, the credit officer verbally assured me that they would help me work through things and even went do far as saying if portions of the property needed to be sold or developed, they would work through it with me. The loan renewed every 3 months and he would often come down to meet with me and see how I was doing. Because of this relationship, I continued to make a lot of sacrifices to keep things together. I placed a high priority on this business and property and used up my personal resources and resources from other businesses. The renewal documents were always e mailed to me and I would print them, get them notarized, and send them back. The frequency and the identical nature of the renewal documents eventually resulted in the execution of the documents without a detailed review. Over a year ago, the lender inserted a legal description of a property that I own that was never part of the mortgage. They also inserted some language that referred to the property as consideration to renew the note. I was completely unaware of this until 8 months later. Meanwhile, they sent another bank rep. Into the community and they started meeting with individuals who they thought might be interested in purchasing the note or possibly partnering in closing the golfcourse and developing themselves or jointly with some residents in our community. I was completely unaware of this. They Also began meeting with state and local govt. agencies to determine the permitting requirements and development regulations. The family that owns the bank, are also real estate developers. My credibility in this community and in the local neighborhood was basically shot, which affected my ability to seek investors as a long term solution. In addition to taking a parcel of property away from me with prior discussion, I really that there was lender interference. I believe that the way that they inserted legal descriptions and rewrote descriptions into the mortgage is a problem too. It's also possible that they are not in possession of the original loan docs. can you suggest some defenses in my answer to their complaint and my counter complaint as well?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,696 satisfied customers
I had a business years and was contracted to a company.

Hi, I had a business for 10 years and was contracted to a company. When my name appeared in the paper for an unrelated criminal matter, my subcontractor took it to my company I was contracted to and ended up with my entire business, including all my sub contractors leaving me with nothing and no explanations. Is this legal?

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Phillips Esq.

Attorney

Juris Doctor

17,972 satisfied customers
I rented to a woman my 4bed 2 bath house who sets up a home

I rented to a woman my 4bed 2 bath house who sets up a home environment for people with mental disabilities. The neighbor called us screaming,you need to get rid of those people. I asked her to call me back, when she calmed down and could tell me what the problem was. Instead she called licensing, stating they were living in filth,she has called the police three times now reporting a disturbance, people were asleep,now she has called code enforcement,stating there are 18 people living there and they sent a request to enter the residence. I called them and I was told that in San Diego ca a city ordinance was passed, that no more then 5 adults could live in a residence, regardless of its size. I don't want to allow them in, the neighbor is determined to use gov officials to discriminate against these people

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Ely

Counselor at Law

Juris Doctor

63,770 satisfied customers
A colleague of mine received a package at her work place addressed

A colleague of mine received a package at her work place addressed to the Manager. She opened it and discovered the package was meant for me. I received pornography picture both in print and on a CD claiming it was my fiancé's. Is sending pornography via mail to someone's place of employment punishable by law. The package originated in Fargo ND and found opened in Charleston SC. The information was not only slanderous and a defamation of character but now this information was released in my place of employment. What can I do?JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No. I need to know if this consider mail fraud and if I have a case.JA: Please tell me everything you can about this issue so the Lawyer can help you best. Is there anything else important you think the Lawyer should know?Customer: The person addressed the envelope to the manager and it was sent to the wrong location. I am humiliated that this information came to my work place and is not true.....and containing pron.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.

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Ely

Counselor at Law

Juris Doctor

63,770 satisfied customers
I took a position as an Account Manager at a small marketing

I took a position as an Account Manager at a small marketing agency (20 people) last August. My wife, who works for Citizens Bank, became a Commercial Banker in November of last year, and this position had my agency in her portfolio. I immediately told my owner and CEO and she was thrilled to hear it. The owner's put the agency's bookkeeper/HR Director as her direct contact to the company. After having one initial meeting with the owners in December, it became increasingly harder for my wife to engage with the bookkeeper/HR Director. She is considered a small business specialist, and part of her job is to make sure her clients continue to grow and make sound financial decisions. She realized that her messages weren't always making there way to owners. In Mid-March the agency received fees from Citizens bank due to paperwork that had been modified for their company name change. The bookkeeper/HR director reached out to my wife to see if she could have these fees waived. When my wife said that she could not waive those fees, the bookkeeper/HR director decided to email a retail branch manager in Hampton.Fast forward to Friday, April 1, and my wife received a call from her boss saying that the HR Director at my agency, requested a new commercial banker due to a conflict of interest. Once she told me, I asked my direct boss if that were the case and why they hadn't brought that up previously. My direct boss asked the HR Director if that happened and she replied that she had not done that.On Monday, April 4, I met with both of the owners of my agency (they are married) and asked them if they felt there was a conflict of interest. They responded that they had never thought that and were surprised by my asking. When I mentioned that it was the HR Director that made the request, they could not understand why that would happen. They chalked it up to a misunderstanding and made it clear they had no problem at all with my wife being their Commercial Banker, in fact, they preferred it.On Tuesday, April 5, my wife went to the branch that was supposedly contacted and confirmed with the branch manager that the HR Director not only emailed, but talked to her on the phone about a change due to a conflict of interest on March 22. This was a day after my wife denied waiving the fees.My wife went to my agency that afternoon and discussed with the owner and CEO the issue from her end, and gave her a copy of the email which was written by the bookkeeper/HR director. With her husband out of town for the rest of the week, she apologized and promised to have it resolved next week. She has written a couple of emails to us expressing how much she wants to get this worked out and move forward with the relationship. This afternoon she reached out again and apologized and said that she wanted my wife as their banker and if there was confusion, they apologize. They will not address whether or not the bookkeeper/HR director acted on her own.Over this week I have felt increasingly more uncomfortable working in a place where something like this isn't being addressed head on. I fear that the owners are trying to brush this over and get everyone to move on and consider it a misunderstanding. At this point, I am either working with a dishonest bookkeeper/HR Director or owners. If the bookkeeper/HR Director tried to make this move on her own, and denies it due to he fact she doesn't realize we've obtained that email, I can't feel comfortable working at a place where that person oversees all my personal information, performance reviews, and many other important things.There is nothing in our company handbook regarding spouses working together or as clients. Our company currently uses the free lance video services of an account manager's boyfriend on a regular basis.Are there possible legal ramifications for the company/owners if they protect this bookkeeper/HR director and it forces me to work within an uncomfortable environment? The same person that tried to get rid of my wife as the banker for without instruction of the owner will be reviewing my performance which will impact my pay. She has access to all of my family's financial information as well. Please advise as to what the possible next steps there would be from a legal standpoint, if any. Thank you.

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Marsha411JD

Doctoral Degree

18,818 satisfied customers
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