Utility easements are easements that grant the city or a utility company the right to use and access a person’s property for the purposes of providing public utilities such as electricity, water, sewer lines, or gas. Utility easements attach to property deeds and pass to all future owners whenever the property is transferred or sold.
telephone company had to pay to move its own lines as required by longstanding Texas common law. 6 “Under the traditional common-law rule,” reaffirmed by the U.S. Supreme Court in 1983 and recognized by the Court as far back as 1905, “utilities have been required to bear the entire cost of relocating from a *
attorney involved in the action or any other person who has an interest in the outcome of the pending litigation. Consequently, it is necessary to investigate each state’s specific requirements relating to qualification elements of a receiver under that state’s law.
As part of the review process, respondents must affirm that they have had an initial consultation, are currently a client or have been a client of the lawyer or law firm identified, although Martindale-Hubbell cannot confirm the lawyer/client relationship as it is often confidential. The content of the responses is entirely from reviewers.
Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.
Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...
If your legal matter includes a court case, your new attorney will need to file a Notice of Substitution of Counsel with the court. If your legal matter is not in litigation, your new attorney will need to notify opposing attorneys and/or parties as appropriate.Jul 6, 2021
The attorney does not return phone calls in a reasonable amount of time, and; In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.Nov 28, 2015
There's bad news your attorney doesn't want to deliver. If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.Mar 29, 2021
Ethics violations such as discrimination, safety violations, poor working conditions and releasing proprietary information are other examples. Situations such as bribery, forgery and theft, while certainly ethically improper, cross over into criminal activity and are often dealt with outside the company.Aug 14, 2015
AnswerRaise the issue early on. Establish, in advance, a clear understanding about case updates. ... Be reasonable. A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal.
If your lawyer still does not respond, you can send him or her a letter explaining the communication problems. If at this point you do not hear anything from your lawyer, you should consult with a legal malpractice attorney.Sep 27, 2018
Yes. You can replace your lawyer if you have lost faith or confidence in your lawyer to represent you, you have the right to change counsel. Ideally, it would be good to speak with your lawyer about what is making you unhappy or uncomfortable and give that lawyer the chance to fix the problem.
You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020
In case of misconduct by a lawyer, you can approach the disciplinary committee of the State Bar Council or the Bar Council of India. You can refer to Section 35 of the Advocates Act, which lists malpractices. However, there is ambiguity on whether you can approach a consumer court as is evident in the case of Gandhi.Mar 25, 2013
If you think your attorney has acted unethically If you believe that your attorney acted unethically, you should consider filing a complaint with the State Bar. You can complete a complaint form online or download a PDF complaint form from the State Bar's website.
A receiver is an officer and arm of the court and acts under the direction and supervision of the court; as such, the receiver has only very limited powers and should apply to the court for advice and direction. If the receiver acts without court authority, he or she may assume the risk of liability for costs and expenses incurred. Where a receiver acts within the court’s orders, the receiver shares the court’s immunity from liability.
Upon the imposition of a receivership, the property of the receivership estate passes into the custody of the receivership court and becomes subject to the court's authority and control. As thecourt’s officer or agent, the receiver has the right to hold or possess, or has custody of, the property subject to the receivership for the benefit of all of those claiming an interest in it.
It is the receiver’s burden to justify his or her account and the compensation paid thereby. The receiver’s compensation is a charge on the property of funds in receivership. The receiver must look to the current receipts of the property or funds for payment of its compensation.
Generally, a court has jurisdiction to order its receiver to make a sale or disposition of the property in receivership, independently of any plan of reorganization. A receiver may sell real or personal property, but a receiver has no authority to sell real property except upon an order of the court. A “receiver’s sale” is one where the receiver is an agent of the court and the property in the receiver’s hands is really under the control and supervision of the court.
The basic purpose of receivership is the conservation of the property. The receiver is charged with the custody of the property and to protect and preserve it . A receiver must exercise ordinary care and prudence; that is, the same care and diligence that the ordinary prudent person would exercise in handling his or her owned estate under like circumstances. If a receiver is uncertain how to preserve the property, he/she/it should petition the court for instruction and direction.
receivership is terminated by discharge of the receiver. A court may discharge a receiver at any stage of the proceedings. When the reason for the appointment of the receiver has ceased to exist, the court should discharge the receiver upon proper application.
The extent of the receivership estate property is determined by the appointing court . A receiver has no right to property which does not belong to the entity for which the receiver was appointed. If a receiver seeks to acquire property in the possession of a third party or stranger to the litigation, the complaint in the litigation must first be amended to name the outsider a party, or the receiver must proceed against the outsider by filing a new lawsuit. But, it has been held that where a receiver is appoint to protect the interest of a owner of an undivided half interest in real property, the receivership should include the entire property, not merely the applicant's half interest (Texas).
If you didn't immediately experience symptoms and had to be seen by a physician because of your discovery of the fly, take the free red bull. It doesn't sound like you suffered any damages from your experience. You are only entitled to compensation if you are damaged. Report Abuse.
You can only get compensated based on your damages. There is no physical injury, just some psychological upset. Unfortunately, it is not worth much.
One of the primary tasks that lawyers perform on behalf of their clients the confirmation of facts and figures, and thoroughly assessing a legal situation. This due diligence process is required for intelligently advising clients on what their options are, and what actions they should take.
The data can also be used in pitching a law firm’s services to potential clients by providing intelligence on the opposing counsel, generating values on probability of winning the case and identifying litigation trends to use in their marketing campaigns.
Based on our assessment of the companies and offerings in the legal field, current applications of AI appear to fall in six major categories: 1 Due diligence – Litigators perform due diligence with the help of AI tools to uncover background information. We’ve decided to include contract review, legal research and electronic discovery in this section. 2 Prediction technology – An AI software generates results that forecast litigation outcome. 3 Legal analytics – Lawyers can use data points from past case law, win/loss rates and a judge’s history to be used for trends and patterns. 4 Document automation – Law firms use software templates to create filled out documents based on data input. 5 Intellectual property – AI tools guide lawyers in analyzing large IP portfolios and drawing insights from the content. 6 Electronic billing – Lawyers’ billable hours are computed automatically.
There has been a growth in the number of e-discovery product manufacturers that harness AI and machine learning. Everlaw uses its predictive coding feature to create prediction models based on at least 300 documents that were classified before as relevant or irrelevant by the user.
One major feature of this tool is the capability to track all activities including emails that are valid for billing. It claims to have automated more than 600,000 forms and managed over 10 million documents according to its website. The video below explains Smokeball’s software:
Another tool, Ravel Law, is said to be able to identify outcomes based on relevant case law, judge rulings and referenced language from more than 400 courts. The product’s Judge Dashboard feature contains cases, citations, circuits and decisions of a specific judge that is said to aid lawyers in understanding how judge is likely to rule on a case.
LawGeex claims that its software validates contracts if they are within predefined policies. If they fail to meet the standards, then the AI provides suggestions for editing and approval. It does this by combining machine learning, text analytics, statistical benchmarks and legal knowledge by lawyers according to the company.
An heir-at-law is the deceased’s next of kin, and they are required to be notified whether there is a will or not — even if they’re specifically not named in an existing will.
But if they don’t, then you would have to move on to notifying the parents of the deceased. If they’re also not alive, then you’d move on to notifying the deceased’s siblings. You may be wondering why you have to notify heirs-at law if there’s a will, especially if they’re not named in the will.
If the deceased was receiving social security benefits, then you’ll need to contact the Social Security Administration to notify them of the death. If benefits were being direct deposited, contact the bank and request that they return any payments received after the deceased’s death.
If the deceased’s spouse is still alive, you may need to contact the utility companies — like gas, water, electric, trash pickup, etc — to change the name on the account. If the deceased’s spouse is not alive, you’ll need to notify the utility companies of the death and ask that they send all future bills to you. Once you’ve handled the deceased’s home (for instance, selling it), you can contact the utility company to shut off the utilities.
Each state sets its own laws defining next of kin, but the priority of inheritance (called intestate succession) usually proceeds as follows: Surviving spouse of deceased. Children of deceased, or the offspring of children (grandchildren, if adults) Parents of deceased. Siblings of deceased. Grandparents of deceased.
Once you’ve handled the deceased’s home (for instance, selling it), you can contact the utility company to shut off the utilities. If the deceased had a cell phone, contact the cell company to find out whether their contract can be terminated upon their death.
Named beneficiaries are exactly what they sound like — those people named in a valid will. Whereas heirs-at-law are always family members, a named beneficiary could be a neighbor, a friend, or even an institution.
If you own a piece of property that is subject to an easement and have issues with the way that your land is being used by the easement holder, you may be able to take steps to either remove the easement or limit the way the easement holder uses your land.
If you own a piece of property that is subject to an easement and have issues with the way that your land is being used by the easement holder, you may be able to take steps to either remove the easement or limit the way the easement holder uses your land. Some of the remedies available to people who own property that is subject to an easement include the following: 1 The issuance of a court order restricting the way that the party with easement rights uses the land. 2 Monetary damages for any losses that you experience due to the easement or the use of the land. 3 A removal of the easement in its entirety.
Easements implied by necessity – An easement by necessity can arise if one property has no access to something absolutely necessary for the use and enjoyment of the property. A common example occurs when one property is landlocked by another, and the owner of the landlocked property needs to pass through part of another’s property ...
Easements appurtenant – Instead of benefiting a specific person, this kind of easement “runs with the land” and therefore benefits whoever owns a particular property. In other words, this kind of easement is inseparable from the subject property, and passes from one owner to the next as the property is transferred unless something operates ...
Because easements tend to impact the value and usefulness of your property. If your property is burdened by an easement, the easement may complicate and hinder the uses to which you can put your property. Alternatively, if you or your property is benefited by an easement, that may expand the potential uses of your property and make it more valuable.
Prescriptive easements – To obtain a prescriptive easement in Washington, one property owner must openly, hostilely, and continuously use part of another’s land for 10 years without permission. The laws for establishing a prescriptive easement are almost the same as the requirements for establishing adverse possession.
Monetary damages for any losses that you experience due to the easement or the use of the land. A removal of the easement in its entirety. Alternatively, if your property is benefited by an easement and the servient (non-benefited) property owner is interferring with your easement rights, you may be able to pursue the following: ...
During the hearing, the judge will ask you your reasons for changing your name and will ask you, under oath, to verify that you're not seeking a name change to commit fraud or for any other unlawful reason. If the judge is satisfied with your testimony, the court will issue the name change.
The purpose of advertising your name change is to inform your creditors and any other interested party of your intent to change your name. In most cases, the publication is a formality that doesn't interfere with the name change process. Lastly, you'll need to attend a formal hearing in front of a judge or magistrate.
You should estimate that you'll spend from $50-$200 to file the legal petition, $50-$100 for fingerprinting and background checks, and $20-$75 for an advertisement. If you can't afford the petition's filing fee, you can ask the court to waive it.
One of the easiest ways to feel more like a married couple is for the spouses to use the same last name. Unlike a legal marriage, where couples can change last names with ease, the process is a bit more challenging for common law spouses.
change your name to commit a crime or defraud a person. choose a confusing new name that uses symbols or numbers (some courts allow you to change your name to a number if you spell it out (for example, sixteen, not "16") change your name to escape your debt or liabilities.
choose a name with the intent to mislead, which usually means you can't change your name to match someone famous (for example, you can't change your name to Angelina Jolie Pitt) choose a name that contains a racial slur, or.
However, if both spouses wish to change their name to a hyphen or a combination of both spouses' last names, your state may require you to go through the formal name change process. If your divorce judgment doesn't contain a provision that changes your name back to your maiden name or another name, you may need to go back to court and ask ...
If you think there’s been a mistake with your utility bill, you can dispute it directly with the company. Call your utility company and tell them you want to dispute your bill. Have your account number, current bill, and previous bills handy.
Prepare for trial. Organize any documents you have and request information from the utility company to build your case. Documentation you'll want to bring with you to your trial might include copies of your bills, copies of bank statements or canceled checks, and payment confirmation pages if you paid your bill online.
If it turns out your meter was inaccurate, you can negotiate an amount with the utility company.
There are NASUCA consumer advocates in 40 different states, designated by the laws of their respective jurisdictions. In 12 states the state attorneys general take on this role, while in the other 29 states office directors are appointed by the governor. ...
If the meter turns out to be inaccurate, you can negotiate a fair price for the bill. In the meantime, pay a reasonable amount of the bill so they won’t cut off your utilities. Follow up your call by writing a letter to the company that explains everything you agreed to, and keep a copy for your own records.
Typically you will have to pay a small fee to file your claim. For example, in New York the court fee is $15-20. The clerk will assign a date for your trial.
Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.