300 k estate, the lawyer has drug it out for a year. what takes so long

by Name Emmerich 10 min read

How much drugs do lawyers use?

Of the lawyers that did answer those questions, 5.6 percent used cocaine, crack and stimulants; 5.6 percent used opioids; 10.2 percent used marijuana and hash; and nearly 16 percent used sedatives. Eighty-five percent of all the lawyers surveyed had used alcohol in the previous year.

What are the largest drug lawsuit settlements?

The subject of many of the largest drug lawsuit settlements to date is how companies have misrepresented the drugs and their uses to physicians. In many of these cases, the lawsuits were filed because drug manufacturers promoted their products for uses outside of the scope of FDA approval. Why do pharmaceutical companies misrepresent drugs?

Why does probate take so long?

Examples include rare collectibles, racehorses, oil or mineral rights, or patents. An asset that's difficult to value can dovetail right into the other reason why probate takes so long—the estate has to file an estate tax return.

How much did GlaxoSmithKline pay for fraud?

GlaxoSmithKline, $3 billion GlaxoSmithKline holds the dubious distinction of being forced to pay the largest health care fraud settlement in U.S. history. The criminal fine was $956,814,400 with a forfeiture of $43,185,600. $2 billion was paid to resolve civil liabilities under the False Claims Act.

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What are some examples of estates that take longer to probate?

Estates that own property that's difficult to value will take longer to probate. Examples include rare collectibles, racehorses, oil or mineral rights, or patents.

Why does it take longer to settle a probate estate?

Estates with more than two or three beneficiaries typically take longer to settle through probate because it takes longer to notify each and every beneficiary about what's going on. And letting them know what's going on is a legal requirement during administration.

How long does it take to get a probate return?

It can then take another three to four months for an actual person to look at the return. This means that the probate administration will remain in limbo for at least six to eight months while the IRS does what it needs to do.

What happens if beneficiaries don't get along?

When Beneficiaries Don't Get Along. Nothing can drag out the process like a good old-fashioned family feud. The personal representative can be forced to go to court to get permission from the probate judge to perform every little task when beneficiaries don't get along.

Why do people fail to make estate plans?

They fail to make estate plans so their assets end up at the mercy of the court. To make matters worse, probate can take on a life of its own, dragging on for many months or even several years for some estates. A multitude of factors can contribute to a long and drawn-out process, from choosing an inept executor to the nature of a decedent's assets.

How long does it take to file a 706?

On average, the IRS won't even begin to process an estate's Form 706 until three to four months have passed since the return was filed.

When is probate necessary?

Estates With Assets in Various States. Multiple probate processes can be necessary when a decedent leaves property in more than one state. For example, a decedent might have lived in Nevada but also owned real estate in California and mineral rights in Oklahoma.

How much did the CIA spend on MKUltra?

They spent an estimated $10 million or more, roughly $87.5 million adjusted for inflation.

When was MKUltra declassified?

Some surviving information regarding MKUltra was declassified in July 2001.

Why is MKUltra a conspiracy?

MKUltra plays a part in many conspiracy theories due to its nature and the destruction of most records.

Who is Ken Kesey?

Ken Kesey, author of One Flew Over the Cuckoo's Nest, is said to have volunteered for MKUltra experiments involving LSD and other psychedelic drugs at the Veterans Administration Hospital in Menlo Park while he was a student at nearby Stanford University. Kesey's experiences while under the influence of LSD inspired him to promote the drug outside the context of the MKUltra experiments, which influenced the early development of hippie culture.

How many institutions are involved in MKUltra?

The scope of Project MKUltra was broad, with activities carried out under the guise of research at more than 80 institutions, including colleges and universities, hospitals, prisons, and pharmaceutical companies.

Stanley David Schnaare

Go meet with him and get his explanation, which may actually be logical considering the timing of estates. Remember any new attorney will have to spend time getting "up to speed" on the case. If things don't work out you always can get a new attorney to finish matters.

Leonard Komen

I don't know you your attorney is so this is not presented in his defense, but as an explanation of the probate system. Your probate case is moving as quickly as possible under the law and he is not delaying it. First, the date your mother died is not relevant as to the time frame. The key is the date you were appointed.

How much was the fine for GlaxoSmithKline?

GlaxoSmithKline holds the dubious distinction of being forced to pay the largest health care fraud settlement in U.S. history. The criminal fine was $956,814,400 with a forfeiture of $43,185,600. $2 billion was paid to resolve civil liabilities under the False Claims Act.

How long does it take to get a lawsuit?

Despite what some people think, filing a lawsuit is never a get-rich-quick scheme. A single lawsuit can take years to get through the courts, the litigation process is expensive and time-consuming.

How much was Vioxx fined?

Drugs: Vioxx (generic: rofecoxib) The assessed penalties related to sales of Vioxx were $321,636,000 in criminal fines, $426,389,000 in civil settlements, and $201,975,000 distributed to Medicaid states.

Why are there lawsuits against drug companies?

In many of these cases, the lawsuits were filed because drug manufacturers promoted their products for uses outside of the scope of FDA approval.

What drugs are given kickbacks?

Giving kickbacks to physicians for prescribing Imitrex, Lotronex, Flovent, and Valtrex.

What happens when a drug manufacturer doesn't share important information with doctors?

When the manufacturer doesn’t share important risk information with doctors, the doctors can’t provide their patients with a clear picture of the risks and benefits. As a result, patients use a drug that they think will help them, but they can end up having serious health problems in the long term.

When a company can claim that a drug is used for more purposes than it’s actually approved for, it?

When a company can claim that a drug is used for more purposes than it’s actually approved for, it can sell more product. And, in some cases, these uses aren’t inherently unsafe — they’re just not approved by the FDA.

How long does it take for a court to decide a motion?

It can often take a month or more for a court to ultimately decide a motion. And bear in mind that motions don't normally involve the court taking testimony.

How long does it take to get divorced?

For example, once a spouse files the divorce petition (complaint), there's a period of about 30 days (depending on your court's rules) within which the other spouse can file a response.

What happens after the discovery period in divorce?

Divorce courts today also place a premium on couples resolving their differences. To that end, it's typical for courts to schedule a settlement conference—often conducted by volunteer attorneys who regularly practice divorce law—after the discovery period ends. If that's unsuccessful, the court may also order mediation in an effort to resolve at least the financial issues.

How to facilitate a timely conclusion of your own divorce?

You can help facilitate a timely conclusion of your own divorce by doing everything within reason to try to amicably resolve your differences up front. It's a good idea to consult with an experienced divorce lawyer to help you achieve that goal.

When do divorces settle?

But often, these settlements don't happen until shortly before a trial date, usually a year or so after the divorce petition was filed. Up to that point, the court has been busy dealing with the standard progression of events in the case.

When do divorce settlements happen?

But often, these settlements don't happen until shortly before a trial date, usually a year or so after the divorce petition was filed. Up to that point, the court has been busy dealing with the standard progression of events in the case.

Is divorce a zero sum game?

A spouse who views divorce as a zero-sum game is almost invariably going to be disappointed in the outcome. And lawyers who adopt a "take no prisoners" approach to divorce are doing their clients a disservice.

Why should a lawyer decline to serve as trial counsel?

The lawyer should decline to serve as trial counsel because she can foresee that she will be called as a witness. A lawyer must not act as an advocate at a trial at which the lawyer is likely to be a necessary witness. [ABA Model Rule 3.7(a)] The lawyer was the only person other than the parties present at the negotiating session. The landowner will almost certainly call the lawyer as a witness. Because the lawyer can foresee at the outset that she will likely be called as a witness, she should decline to serve as trial lawyer for the contractor, even if the contractor is willing to consent to the conflict of interest. [ABA Model Rule 1.7(a); comment 6 to ABA Model Rule 3.7] (A) is wrong because a person's choice of counsel is limited by the restraints imposed by the ethics rules. The client may choose the lawyer, but the lawyer cannot ethically accept the employment. (B) is wrong because the lawyer cannot refuse to testify if the landowner calls her to the witness stand. (C) is wrong because if a lawyer is called to the witness stand and sworn to tell the truth, she must do so, even if it is prejudicial to her client.

Who sued the contractor for the extra site preparation?

The contractor refused to proceed with construction until the landowner paid for the extra site preparation. The landowner then sued the contractor for specific performance of the construction contract. The contractor asked the lawyer to represent him as trial counsel.

What is the ABA model for withdrawing an attorney?

A lawyer must withdraw if the lawyer's physical or mental condition will materially impair his ability to represent the client. [ABA Model Rule 1.16(a)(2)] The client may be right in thinking that hard work will be good for the attorney, but the attorney has to be the ultimate judge of his own physical and mental capacity to carry on. If the attorney believes that his condition prevents him from serving the client competently, he must withdraw regardless of what the client wants. (A) is wrong because the files include confidential information about the client's financial affairs, and the attorney cannot turn them over to his law partner against the client's express wishes. [ABA Model Rule 1.6] (C) is wrong because the client has asked the attorney to complete the work promptly. The attorney's recovery may take months or years. The attorney must not continue representing the client unless he can complete the work with reasonable diligence and promptness. [ABA Model Rule 1.3] (D) is wrong because, as discussed above, if the attorney believes his mental and physical conditions prevent him from serving the client competently, he must withdraw.

What is the proper role of an attorney in a law reform debate?

It would be proper for the attorney to participate in the debate and cast her vote on the proposed legislation, provided that she informs the committee that she represents a client whose interests could be materially benefited by the statute. A lawyer may participate in a law reform activity that will affect the interests of the lawyer's client. [ABA Model Rule 6.4] When a lawyer knows that a client will be materially benefited by the activity, the lawyer must disclose that fact, but she need not name the client. (A) is wrong because a lawyer is not prohibited from engaging in a law reform activity that might benefit her client. (B) is wrong because a lawyer is not prohibited from participating in a law reform activity, unless the participation would create an impermissible conflict of interest. [ABA Model Rule 1.7(a)] That is not the case here. A client who hires a lawyer does not thereby purchase the right to control the lawyer's views and activities in all contexts. [See ABA Model Rule 1.2(b)] The attorney may even advocate new legislation that she thinks is sound that would harm the biotechnology firm's sales. [See ABA Model Rule 6.4] (D) is wrong because the attorney need not disclose the name of her client; simply disclosing the fact of representation will inform the legislation committee of her possible bias.

Why is an attorney subject to discipline?

The attorney is subject to discipline because the spectator initially declined the attorney's request for an interview. ABA Model Rule 3.5(c) provides that after the trial is over and the jury is discharged, a lawyer must not communicate with a former juror or prospective juror if any of the following conditions is met: (i) local law or a court order prohibits such communication; (ii) the juror has told the lawyer that she does not want to communicate; or (iii) the communication involves misrepresentation, coercion, duress, or harassment. Here, the attorney violated the second condition—he persisted with his interview request after the spectator said that she did not want to talk with him. (C) is incorrect. Even though the communication did not involve coercion, duress, or harassment, the attorney still spoke with the spectator after she declined his request, violating the rule. (D) is incorrect because ABA Model Rule 3.5(c) applies to all jurors and even prospective jurors. (B) is too broad. There is no blanket prohibition regarding post-trial contact with jurors and prospective jurors. Rather, such communications are subject to conditions, and the attorney violated one of these conditions.

Can an attorney be disciplined for a prepaid legal services plan?

The attorney will not be subject to discipline if he becomes an authorized provider under the insurance company's plan. The insurance company has set up a prepaid legal services plan of the kind referred to in the ABA Model Rules. A lawyer may receive legal business through such a plan, unless the operator of the plan uses in-person or live telephone contact to solicit people who it knows are in need of legal services in a particular matter covered by the plan. [ABA Model Rule 7.3(d)] (B) is wrong because there is no rule concerning the selection of counsel in a legal services insurance plan. (C) is also wrong because it would be an antitrust violation (and also an ethics violation) for a group of lawyers to conspire to follow a minimum or maximum fee schedule [see Arizona v. Maricopa County Medical Society, 457 U.S. 332 (1982)], but it is neither illegal nor unethical for a lawyer to agree to follow an insurance company's maximum fee schedule for work done for that company's insured. (D) is wrong because it is too broad. ABA Model Rule 7.3(d) permits in-person and live telephone solicitation by the operator of an insurance plan, except of persons who are known "to need legal services in a particular matter covered by the plan."

Is a $50,000 loan a crime?

The common law crime of bribery consists of the corrupt payment or receipt of anything of value in return for official action. The $50,000 loan was obviously a thing of value. Thus, if the attorney intended the loan as an inducement to the judge to decide the case in favor of the plaintiff, then the attorney is guilty of bribery. (A) is wrong because in deciding whether the attorney is subject to criminal liability, it is the attorney's intent that counts, not the judge's intent. (C) is wrong because the attorney's crime was complete when he gave the loan, even though the judge never had to decide the case. (D) is wrong because bribery does not require an outright gift; a $50,000 loan is a thing of value, especially a loan with no repayment date, no promissory note, and no interest specified.

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