Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

Wednesday, July 22, 2015I believe that the facts are there

Customer Question
Wednesday, July 22, 2015 I believe...
Wednesday, July 22, 2015
I believe that the facts are there but in my prior filings I had failed to properly state the elements to support the cause of action and also had broken my complaint into several counts. The attorney for the defendants argued each count as either being an action beyond the statute of limitations or that the count (by itself) failed to sufficiently state a cause of action.
I have now revised my complaint into one count of negligence. I believe that I have now sufficiently articulated the cause of action as negligence and have presented the requirements (duty owed to me as client, actions of professional negligence, causation, and damages).
Would you please provide a quote to review what I have written?
I request that you would advise if I have used appropriate language to state the elements required to prove negligence.
I have one last opportunity to file a second amended complaint. The defense attorney filed an exception to the magistrates’ recommendation (that I be allowed to amend my complaint) and requested a deadline be set. The judge ordered a deadline of August 21, 2015 by which I must amend my complaint.
My goal now is to be able to defend another motion to dismiss. You have given me the case law for statute of limitations. As I now have presented my complaint as one count of negligence for the entire complex probate litigation which was not completed until 2015 I believe that I have the argument against statute of limitation.
At the prior hearing the magistrate agreed with me that legal fees were damages. I believe that I have properly stated duty and damages. My concern now is that I have sufficiently and properly articulated the action of negligence and causation. Those sections are where I especially need review and assistance.
My goal is to be able to defend what you cited, that my complaint does “allege ultimate facts to show that the pleader is entitled to relief” and I have stated my pleading “with sufficient particularity for a defense to be prepared.”
Thank you,
Kathleen
Submitted: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Customer reply replied 2 years ago
The question I just provided is response to prior correspondence with Maverick.
Customer reply replied 2 years ago
This question is for Maverick.
Answered in 5 hours by:
7/22/2015
Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,680
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.I can provide you with the elements for negligence and an overview of causation now. If you wish for me to look at some verbiage that you are asking about, simply reply and provide it.I would need to know what state this is in, please?This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Ask Your Own Legal Question
Customer reply replied 2 years ago
I had provided history to Maverick by prior contact. I thought I was adding onto that with my question today. Please advise how I can add to that conversation.
Thank you.
Lawyer: Ely, Counselor at Law replied 2 years ago
Hello,I do not see any questions in your history. Did you sign on with another username? If so, then you may wish to contact customer service and they can "merge" the accounts if they find another one.Or I can just answer your question. Let me know either way (and if you want me to give you customer service's number).
Ask Your Own Legal Question
Customer reply replied 2 years ago
How do I contact your customer service. I would like to append the prior history.
Lawyer: Ely, Counselor at Law replied 2 years ago
Their number is: 1.***-***-****
Ask Your Own Legal Question
Customer reply replied 2 years ago
Your customer service department directed me to past this link to my past question so that you can view the history.
I now have files prepared which I would be happy for you to review for wording. Thank you. I could attach the files, but I would prefer if they were not posted to the public.http://my.justanswer.com/question/index/5bbb9f3cbbdf48e98b9625488d3d933b?continueTheConversation=False&comingFromAdservEmail=False&ratedThroughEmail=False&rating=0&fromPayPal=False
Lawyer: Ely, Counselor at Law replied 2 years ago
Okay, thank you. I have the link. This is a public forum, but attached files may be rescinded from view later. I am ready to proceed when you are.
Ask Your Own Legal Question
Customer reply replied 2 years ago
I have attached files stating my complaint as one count of negligence. I have presented the requirements (duty owed to me as client, actions of professional negligence, causation, and damages). I request that you review my writing and advise if the elements are sufficiently stated to present the cause of action.Thank you.
Lawyer: Ely, Counselor at Law replied 2 years ago
I need to know what this is part of. Will this be part of the pleading? If so, in what section (FACTS, ARGUMENT, COUNTS, etc)? Or is this part of a motion or brief or response to a motion (if so, please tell me more) to the Court showing that the Plaintiff DOES have proper causes of action?
Ask Your Own Legal Question
Customer reply replied 2 years ago
The sections will be part of my second amended complaint. I thought it would be all one count. I was going to include the duty, action, causation, damages section in that order. I hadn't thought of section headings. I just organized it that way.
Customer reply replied 2 years ago
Attached file provides a list of brief statement of how defendants were negligent.
Lawyer: Ely, Counselor at Law replied 2 years ago
The thing is, I would need to see HOW THE VERBIAGE FITS into the actual complaint. I cannot go off bits and pieces disembodied from the complaint. Can you provide the actual intended amended complaint?
Ask Your Own Legal Question
Customer reply replied 2 years ago
I will put it together and send to you.
Lawyer: Ely, Counselor at Law replied 2 years ago
Thank you. Please if you can, take out any personal information (names, addresses, dates, cause numbers, court name, locations, etc)
Ask Your Own Legal Question
Customer reply replied 2 years ago
Attached is the document with personal information replaced with xxxxx.
I need advice on how to format the wording for my presentation of the cause of action. I fear that the complaint remains too long with too many details. But, I fear that I must state the pleading with sufficient particularity and allege ultimate facts. There are several areas where I believe there was negligence of reasonable fiduciary duty. I wish the cause of action to be negligence. Did I state the cause of action correctly as "breach of fiduciary duty and neglect of reasonable duties" ? I need to understand the legal standard I am required to provide elements of.
Thank you.
Lawyer: Ely, Counselor at Law replied 2 years ago
Thank you.
My apologies. I am traveling, and am currently offline. I do not want to make you wait, so I am going to opt out and open this up for other experts. Do not worry - everything that we have talked about is already saved and visible for other experts. So you are not skipping a beat. Another expert should pick up and simply continue where I left off.
Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.
There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.
My apologies for any inconvenience and good luck...
Ask Your Own Legal Question
Customer reply replied 2 years ago
As you have such a high rating, I really would like to obtain your critique. I am also away for the next 48 hrs. Perhaps you could provide a critique early next week?
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8,775
8,775 Satisfied Customers
Experience: JD, BBA Over 25 years legal and business experience.

Tina is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

102,680 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
What is the statute of limitations in Texas for A felon in
What is the statute of limitations in Texas for A felon in possession of a firearm … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
What is the statute of limitations in Florida for medical
What is the statute of limitations in Florida for medical malpractice? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
If a person filed a motion to dismiss a bankruptcy case and
If a person filed a motion to dismiss a bankruptcy case and that point of the motion was clarified. Can a bankruptcy be dismissed because that person brings up other points in court that were not on t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
What is the statute of limitations for legal malpractice
what is the statute of limitations for legal malpractice lawsuit? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a question with regards to fiduciary duties and legal
HI, I have a question with regards ***** ***** duties and legal liabilities. Can you help? Thanks … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
Is there a statute of limitations in MA for physical abuse
Is there a statute of limitations in MA for physical abuse in the 60's and 70's by a parent? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,051 satisfied customers
What is a Notice of Lack of Prosecution, Motion to dismiss
What is a Notice of Lack of Prosecution, Motion to dismiss for Lack Of Prosecution, Notice of Hearing and Self Executing Order of Dismissal mean … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,597 satisfied customers
What are the statute of limitations for Intentional
what are the statute of limitations for Intentional Infliction of Emotional Distress cases?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
883 satisfied customers
What is the statute of limitations for bodily injury and
what is the statute of limitations for bodily injury and property damage in colorado … read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,414 satisfied customers
What is the statute of limitations on collecting on a
Hi! What is the statute of limitations on collecting on a criminal monetary judgment? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
In California is there a statute of limitations on bring a
In California is there a statute of limitations on bring a court action against a ex-husband that the court ordered over 25-years ago to pay his wife $125,000.00 in a divorce. Is there anything lawful… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
What is the statute of limitations on contesting a will in
What is the statute of limitations on contesting a will in the following particular circumstances? A man dies at 84 after having changed his will twice in the previous 20 years. One original will was … read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,414 satisfied customers
Is there a statute of limitations on filing against the
Is there a statute of limitations on filing against the attorney my brother had, who has been disbarred for stealing from at least 8- of his clients, but there are 3 or 4 more involved in the thief of… read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
Looking for a sample of a motion to dismiss in northampton
Looking for a sample of a motion to dismiss in northampton county pa in a civil case over a contract. Statue of limitations and res- judicada.… read more
KJL LAW
KJL LAW
Juris Doctorate
1,616 satisfied customers
Is there a statute of limitation on when a homeowner or
Is there a statute of limitation on when a homeowner or insurance company can file a workmanship claim against a contractor in the state of Florida for damages resulting for work performed? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,051 satisfied customers
Is there a statute of limitation on a possible social
is there a statute of limitation on a possible social security disability fraud case? thank you. … read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
In Colorado what is the statute of limitations for
In Colorado what is the statute of limitations for defamation/libel -- there appear be three general timelines 3years, 2years, and 1year. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Does a corporate lawyer not only have a fiduciary duty to
Does a corporate lawyer not only have a fiduciary duty to the directors and officers but also to the membership … read more
Thelawman2
Thelawman2
Doctoral Degree
1,240 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x