Questions Answered by Paula Jeanette Mcgill - Justia Legal Answers

• 16 May 2013Q: Are lawyers in the state of Georgia required to present a retainer agreement if requesting a retainer? Bar rule?
  A: It is encouraged, but not required for the the retention agreement to be in writing. More specifically, under Bar Rule 1.5(b): When the lawyer has not regularly represented the client, the basis or rate of the fee shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation
• 16 May 2013Q: Aunt died intestate without spouse or children with a small estate. What form should be used to file to be the executor?
  A: I don't know what you consider to be a small estate and whether it is equivalent to what the state thinks it is. Nevertheless, if you are the executor, the smartest thing to do is go to the Georgia Court Probate website. It has all the forms for those who are handling estates without a lawyer. Moreover, the website has easy to use instructions. Go to www.gaprobate.org. Good luck.
• 21 April 2013Q: Can i request my spouse to pay my divorce lawyer
  A: You can make a request in your petition or answer for your spouse to pay for your lawyer. The court will determine if you are entitled to lawyers fees and how much you should be paid.
• 21 April 2013Q: Can a spouse file for divorce in a county that neither party has ever lived in
  A: The spouse can file for divorce in any county or state (wrong or right). In response to filing in a wrong venue, the other spouse should file for a motion to dismiss for improper venue. In this case, you should do this.
• 21 April 2013Q: I bought a used car in MD and within 24 hours it is making noise can I return it and get some money back
  A: Did you get a warranty on the car? Did you get it checked out by a mechanic of your choosing before you purchased it? If so, this would have been caught. Unless, you claim fraud or have a warranty, you buy as is.
• 21 April 2013Q: Do I have any legal rights if my husband is holding out money from his paycheck and not paying bills
  A: Unless you file for divorce or separate maintenance (in other states called legal separation), there is nothing you can do legally.
• 21 April 2013Q: Is it illegal to marry my daughter in law (ex daughter in law)
  A: Once she gets a divorce, she is no longer your daughter in law. Therefore, as long as there aren't other legal barriers, you can marry her.
• 19 March 2013Q: I'm trying to change my 16 yr old sons name. What forms do I need if I can't afford a lawyer?
  A: If you live in NYC, you can do so online by going to the following NY City Court website: http://www.nycourts.gov/courts/nyc/civil/int_minornamechange.shtml Otherwise, you can go to the NY State Court website: http://www.nycourts.gov/forms/namechange.shtml
• 19 March 2013Q: Whats the first step to getting a divorce in New York? we have nothing together, no house no car no kids.
  A: You should consider scheduling an initial consultation with an experienced family law attorney in your county. An initial consultation does not obligate you to hire the attorney. However, you will get valuable information on how to move forward with an attorney or on your own. Although the lack of a house, car, and children may influence the speed of the divorce, there are other consideration, such as other assets and liabilities that lay people often forget, including bank accounts, retirement accounts, common utilities, lease obligations, utility obligations, etc.