FREE LEGAL ADVICE

We are all led to believe that whenever we are faced with some legal matter that we automatically are required to employ an attorney. There are many matters of a legal nature that we can and should resolve on our own without incurring unnecessary expenses of an attorney. Although I am not an attorney, I can assure you that it is not necessary to be a lawyer in order to provide some guidance and/or advice on how to deal with your legal problems.

Below you will find a brief history of my prior experience in the legal field and brief summaries of various legal issues that I invite you to submit to me for review and advice. If I feel that you do in fact require the services of an attorney, I will advise you and attempt to provide you with the names of attorneys in your area that are competent to handle the matter and who I believe are ethical and honest.

BACKGROUND

In 1963 I graduated from the U.S. Naval School of Justice in Newport, Rhode Island. Upon graduation I became a certified court reporter and legal clerk. During my stint in the U. S. Army I was responsible for taking and transcribing numerous trials and administrate proceedings in the Far East. Also, I spent a great deal of time working on drafts of legal pleadings and motions for the Staff Judge Advocates Office. Furthermore, I have prepared numerous pleadings and motions at the request of and on the behalf of various attorneys in Ohio, including appellate briefs.

From 1982 through 1997 I spent a great deal of time researching various aspects of the law at the University of Toledo, University of Michigan, Ohio State University, and the University of California at Davis. I also have spent a great deal of time preparing pleadings, motions and appellate briefs relating to the following subject matters:

  1. Libel and Slander.
  2. Breach of Contract.
  3. Personal Injury Liability Claims.
  4. Attorney Malpractice.
  5. No-Fault Insurance Claims.
  6. Fraud, both Intrinsic and Extrinsic.
  7. Civil Rights claims regarding Due Process.
  8. First Amendment Free Speech Rights.
  9. Judicial Immunity from Civil Liability.
  10. Malicious Prosecution and Abuse of Process.
  11. Prima Facie Tort and Intentional Tort.

The legal matters that I would invite you to seek advice from me and which I feel comfortable in are as follows:

No-Fault Benefits

There are in excess of 20 states that have passed no-fault laws regarding injuries incurred involving automobile accidents. The laws in these states require your insurer to pay your necessary medically related expenses within 30 days. Further, most of these states impose penalties against the insurer for not paying within 30 days of receipt of the proof and amount of each loss incurred. These penalties normally include interest and reasonable attorney fees.

If an attorney advises you that you need his or her services to collect no-fault benefits, then I would suggest that you immediately clutch your purse and/or wallet and find the nearest exit.

If you are injured in a no-fault state and reside in another state, under most circumstances you are also entitled to no-fault benefits if your insurer writes insurance in both states. If you have any questions about your rights as it relates to no-fault benefits please email me and I will respond as soon as possible. Remember that you do not need an attorney to collect no-fault benefits.

LEGAL MALPRACTICE

It is extremely difficult to find an attorney who is willing to file a lawsuit against one of his brethren. Furthermore, your attorney is normally aware that he has committed malpractice and he or she will do whatever is necessary to conceal the true facts from you in order to escape liability for his or her negligence.

If you believe that you have been the victim of attorney malpractice or negligence, please contact me and I will be more than happy to review the facts regarding your claims and provide you with assistance.

PERSONAL INJURY AUTO ACCIDENT

The vast majority of auto accidents can and are settled with the insurer representing the person who was at fault. In addition, the average person armed with the correct information should be able to settle his or her claim without the assistance of an attorney. This is especially true for minor accidents.

Most states have a one to two year time limit for filing a lawsuit in a personal injury auto accident. Therefore, it is not necessary to immediately contact an attorney. Remember that the attorney has a financial interest because he or she is going to demand 30 to 40 percent of the money paid by the insurer.

If you have been injured in an auto accident and that injury was the result of the other driver's negligence, and you are interested in trying to settle the case on your own, then let me know and I will be happy to try and assist you in doing so.

DEFAMATION, SLANDER AND LIBEL

If you believe someone has defamed you by publishing false statements about you then you have a right to be compensated if you can establish some type of injury. Most states require that a lawsuit be filed within one-year of the time the defamatory material was published.

If the person that defamed you owns and/or is purchasing their own home, it is very likely that their home insurance policy provides coverage for defamation claims. Therefore, if you have a valid and provable claim for damages, you have a better chance of collecting from a person who has a home insurance policy that provides liability coverage. Most of the insurance policies I have seen provided coverage of between $250,000 and $1,000,000.

If you believe you have been defamed and have suffered damages contact me and I will attempt to provide you with some guidance and advice.

BREACH OF CONTRACT

A contract can be written or it can be oral. If you have entered into a contract of employment or any other contract and feel the other party has breached the contract and/or broken the promise, then you a right to be compensated for the losses you sustained.

The time limits for filing a lawsuit for a breach of contract differ in each state, however, those time limits are normally around ten-years from the time the breach took place.

If you believe someone has breached a contract or promise and you have suffered damages, then drop me a line and I'll try to provide some advice.

MALICIOUS PROSECUTION AND ABUSE OF PROCESS

A malicious prosecution claim can arise from a malicious civil or criminal prosecution. The claim ripens once you have been victorious in defending a criminal or civil prosecution and if the evidence would establish that the person or person that initiated the pursued the prosecution did so without probable cause and acted maliciously.

Abuses of Process claims are to some degree akin to a lesser-included offense in criminal law. In other words, it is almost synonymous with a civil malicious prosecution claim. These claims normally involve the lawful institution of a legal proceeding that the plaintiff then subverts to attain something that he lawfully could not obtain through the use of legal process.

Damages in these types of claims can at times be quite significant. In many cases, you have been forced to expend a great deal of time and money to defend the frivolous and malicious prosecution. Therefore, the law allows for you to be compensated when someone institutes and continues to maliciously prosecute you criminally or civilly.

If you feel you have been the victim of a malicious civil or criminal prosecution, please contact me and I will review the facts and provide you with some appropriate advice. Likewise, if you have been the victim of an abuse of the legal process by someone, let me know and I will endeavor to provide you with some assistance.

FILING A COMPLAINT AGAINST AN ATTORNEY

Somewhere around 99 percent of all complaints filed against attorneys in the United States are dismissed by the local Bar Association and/or by agents working for the State Supreme Courts.

Most states operate on the flawed and self-serving premise that complaints are to be kept confidential in order to protect the integrity of the Bar and the attorney. Oregon has the most liberal procedures, which allows anyone to review any complaint filed against an attorney. Other states like Ohio, not only conceal the complaints but also refuse to allow the complainant the opportunity to obtain a copy of the attorney's response in order to expose any lies contained in it.

Bar Associations and/or Disciplinary Counsels for the most part are more interested in protecting their own then they are in protecting the public from dishonest attorneys.

If you have or are contemplating filing a complaint against an attorney I would ask you to contact me so that I can provide you with advice on the proper steps to take.

MISCELLANEOUS LEGAL MATTERS

If you have any questions or concerns regarding any legal matter I would be more than happy to review it and provide to you guidance and/or advice within a reasonable amount of time. It is my desire to assist you in trying to solve your own legal matters when possible without incurring unnecessary legal expenses. It is important to remember that employing an attorney should be the last resort and not your first option. Any guidance or advice that I provide to you is absolutely free. The only time I would seek reimbursement would be for the costs of any copies and postage to send them to you if necessary.

Hopefully, I can provide a needed service in assisting you in solving your own legal problems without the need of incurring the expense and aggravation of employing an attorney.

HOPE TO HEAR FROM YOU SOON AND HOPE THAT I CAN BE OF ASSISTANCE.

David Palmer

6140 Henthorne Drive

Maumee, Ohio 43537

E-Mail NoEthics1@Aol.com


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Updated on  June 1, 2000

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