r/Ask_Lawyers 22h ago

How do judges determine who or what has standing to sue? And is there a safety valve for illegal gov’t activity with no legal redress opportunity because of standing restrictions?

1 Upvotes

regarding scotus decision today about the White House ballroom that is no way 65% complete.


r/Ask_Lawyers 6h ago

Does illegal construction on protected land generally have a standing problem? Would yesterday’s SCOTUS majority opinion hold if I built a shopping mall in Yosemite? Or on the White House grounds?

1 Upvotes

r/Ask_Lawyers 7h ago

How to inventory for divorce

0 Upvotes

Ok I’m a 38f, married to 42m, (Michigan) my lawyer has stated I need to take inventory of everything. Problem is, my husband is a machinist. We have 6 garages/barns full of things I don’t even know what the names are- and I have to find the value as well. Does anyone know how someone goes about this accurately?

Examples:

22ton log splitter
HUGE HEAVY lathe
2 f150’s both broke but fixable
Machine operated trailer
Cherry picker
Wood chipper

Do we inventory:
Chainsaws
Power tools $100 and under…

Any guidance would be appreciated


r/Ask_Lawyers 4h ago

Im not asking for specific legal advice, im just asking if this is normal for the legal prosess. Im sueing my former employer for medical discrimination. We have gotten all the way to the settlement and im starting to get really weird feelings about my lawyer. Ive never met him. Weve been draling wi

0 Upvotes

r/Ask_Lawyers 17h ago

Could a jury find a defendant not guilty on the grounds of temporary insanity, if insanity was never raised by either the defense or the prosecutor?

0 Upvotes

Headline is the question. I was on a jury a while back and deliberations got prolonged and heated. At one point I suggested that we find the defendant not guilty on the grounds of temporary insanity. This caused everyone to crack up laughing. But no one wanted to send this question to the judge. I kinda wish I did. (I did not as I felt the defendant was guilty and didn’t want to delay things further.)

But can this be done? And what would happen to the defendant if a jury delivered such a verdict?


r/Ask_Lawyers 23h ago

Tenant law guidance? Colorado

0 Upvotes

I am a disabled person, currently in the process of obtaining disability from SSA, and have found myself in rental arears. I have been selected for rental assistance even though I had a ruling against me and a writ issued. The property manager is refusing funds on my behalf, but surely this would be a source of income discrimination?

I had wondered if she might do something like this as she came to my door the night before my roommate moved out and screamed at me loud enough that I could hear multiple doors opening from neighboring units as she was yelling, "The owners and I have spoken and we've decided that we won't be accepting any of your little charity payments. She has attempted intimidation and emotional manipulation on someone with severe mental illnesses already, but I'm not sure if there is anything I can do or if she is able to do what she is doing. She has also quite sharply told me that, "Oh you won't get disability, my daughter couldn't get it and neither will you." So, I have no idea if she doesn't like me bc of this, or bc she is super religious and knows I'm LGBT.

She has been a really nasty person, and I would like to not have to stay here, but being that I only receive the small amount of state aid, I can't qualify for other apartments. I'm at my wit's end and not sure if trying for a stay on the writ is even a feasible option, and the legal resources here are unable to help at the moment. So, I figured I'd check here to see if someone knew better than me, because I've looked into it on Google and am seeing mixed answers about whether or not a stay on the writ may even be helpful or even possible. So the real question is: Can she do what she is doing?


r/Ask_Lawyers 3h ago

Oklahoma residential construction dispute — trying to understand the legal issues and what questions to ask my attorney

0 Upvotes

I understand attorneys here cannot give me individualized legal advice, and I'm not asking anyone to tell me whether I should sue, what claims I should bring, or what I should do next. I have consulted with an attorney.

I'm hoping to better understand what legal concepts attorneys generally look at in a situation like this, what facts/documents tend to matter, and what questions I should be asking my own attorney.

Background:
My husband and I are building a custom home in Oklahoma using a VA one-time-close construction loan. We entered into a written construction contract with our builder and later executed an addendum addressing items including the project budget, builder's fee, payment/draw structure, and other construction terms.

As construction progressed, we began identifying discrepancies between the original project budget, amounts being requested or paid through lender draws, invoices/receipts, credits for returned materials, and explanations we were receiving from the builder. We have been trying to reconcile what the project has actually cost, what amounts the builder is contractually entitled to receive, and where certain project funds or credits were applied.

One of the largest issues involves the builder's fee. We have concerns about how the fee has been calculated and collected compared with what we understand the contract/addendum and project budget to provide. We have the original budget, contract and addendum, lender draw documentation, invoices, and written communications with both the builder and lender that document how the fee and various project costs have been represented over time.

Cost-plus contract / documentation of costs:
Our contract describes the project as cost-plus a builder's fee, with the buyer responsible for the cost of labor and materials. One issue I'm trying to understand is what level of documentation would ordinarily be expected to substantiate the costs being passed through to the buyer under this type of contract.

The builder generally sends us QuickBooks invoices containing broad descriptions rather than the underlying supplier invoices, receipts, or itemized material lists. For example, one invoice contained a line item simply stating “Frame Materials — $57,000.”

After framing had already been completed and paid for, we later received another charge described only as “Frame Extras — $209.93.” I asked for a material list or other documentation showing what the additional charge represented and was told I could not have the material list. I then asked what materials or expenses made up the $209.93 charge, but I was not provided an explanation identifying what the charge was for.

This is part of a broader concern about our ability to reconcile the amounts being charged to the project against the actual labor and material costs we are contractually responsible for paying. I am not asking whether these specific charges violate our contract; I am trying to understand generally how costs are typically substantiated in a cost-plus residential construction arrangement and what significance, if any, attorneys would place on a contractor declining to provide documentation supporting a disputed cost.

We have also encountered situations involving materials purchased for our project that were later returned or removed from the property. In at least some instances, we believe we paid for the materials through the construction project, but we're trying to determine how the resulting credits/refunds were handled and who was legally entitled to them.

There are also several construction-quality and remediation issues. These include damaged building materials and mold concerns during construction. We have photographs, inspection-related documentation, and written communications concerning what the builder represented would be done to address some of these conditions.

Because this is a lender-funded construction project, another concern is the relationship between the builder's invoices/draw requests and the funds actually disbursed by the construction lender. We are trying to understand what obligations, if any, exist when funds are requested or disbursed for particular construction costs and the actual cost, use of the funds, or subsequent credit differs from what was represented.

We have preserved the contract/addendum, budgets, invoices, receipts we have been provided, lender draw records, emails, photographs, inspection documentation, and other project records. We are consulting an attorney, so I'm not asking anyone here to tell us whether we have a viable claim, whether we should sue, or what legal action we should take.

I'm primarily trying to understand what legal issues attorneys generally evaluate in circumstances like these, what facts distinguish a contractual/accounting dispute from other potential causes of action, and what questions or documents would be important to discuss with our own attorney.

What I'm trying to understand:

  1. In a construction dispute with facts like these, what legal theories would an attorney generally evaluate—breach of contract, accounting, unjust enrichment, conversion, fraud/misrepresentation, Oklahoma construction statutes, or something else?
  2. What facts typically distinguish an ordinary billing/accounting disagreement from conduct that could support a separate legal claim?
  3. How significant are contemporaneous documents such as the original budget, contract/addendum, invoices, lender draw requests, receipts, credits, and emails when the parties disagree about what the builder was entitled to charge?
  4. If money from a construction loan was drawn for a particular cost but ultimately wasn't used for that cost, what legal issues would attorneys generally investigate?
  5. If materials purchased with project funds were returned or removed from the property, what facts determine who is legally entitled to the refund/credit or the materials?
  6. Are there Oklahoma statutes, regulations, or reported cases involving residential builders/construction loans that would be useful for a homeowner to read besides Title15?
  7. Based solely on issue-spotting—not legal advice—what questions would you recommend someone in this situation take to their own construction attorney?
  8. In a cost-plus construction contract, what determines the contractor's obligation to substantiate the “cost” being passed through to the owner? Is that determined solely by the contract language, or are there other Oklahoma contract/accounting principles that may apply when the contractor invoices the owner for actual labor and material costs?
  9. If an owner disputes a specific cost and asks what materials or labor comprise that charge, what documents would attorneys ordinarily look for to determine whether the charge is supported—for example, supplier invoices, receipts, purchase orders, subcontractor invoices, material lists, canceled checks, or other records?

I'm particularly interested in understanding what facts would change the analysis. For example, if the answer depends on what the contract says about builder fees, ownership of materials, credits, change orders, or loan proceeds, I'd appreciate knowing that so I can identify the relevant documents for my attorney.


r/Ask_Lawyers 13h ago

Prioritizing

0 Upvotes

How do lawyers prioritize what cases to accept and what cases not to accept? Would it solely be based on the potential to be successful and winning the case or would you do it purely because of your own principal and morals? After vetting the client and you’re 100% positive they’re telling the whole truth and are innocent Especially after your well established and have nothing but time on your hands like pro bono, but not necessarily always pro bono.


r/Ask_Lawyers 7h ago

Does being an independent consultant protect against malpractice by the contracting organization?

0 Upvotes

For context, I am a licensed mental health provider that provides independent contracting to a large organization. There are several subsidiaries in the organization and the one that signs my check may have investigations coming from governing bodies. The investigations have nothing to do with any of the work I do. they are from different programs at different locations so personally I have nothing to do with any of the potential wrongdoings. However, being that I hold a state license to practice, I don't feel comfortable being tied to the organization directly if the rumblings I'm hearing are true.

I am not seeking specific legal advice about the current situation but I need help understanding Single Member LLCs. I know there is a financial separation which based on my work is not a factor in the equation. However, under a similar situation above does an LLC separate an employee from other legal disputes?

Again, I am not involved in the above situation and have no ongoing legal disputes. I am considering creating an LLC for future roles as well and want to better understand the protections.


r/Ask_Lawyers 13h ago

How are damages calculated in legal malpractice cases involving loss of a parent-child relationship?

0 Upvotes

In a family-law malpractice case, how are damages analyzed when the alleged negligence does not primarily cause a financial loss, but instead contributes to a substantially worse parenting outcome and deterioration of the parent-child relationship?

For example, assume competent representation likely would have resulted in significantly greater parenting time or avoided adverse findings, but the actual outcome instead leads to prolonged separation, reduced contact, and serious damage to the parent-child bond.

I understand the plaintiff would still have to prove breach, causation, and the “case within a case.” My question is specifically about damages:

How do courts value harm that cannot simply be restored later through money—such as lost parenting time, deterioration of the relationship, emotional distress, and the downstream consequences of years of reduced contact?

Are those damages generally treated as too speculative, or can they be recoverable where the harm was reasonably foreseeable from the nature of the representation?


r/Ask_Lawyers 2h ago

Recommendations for pro bono Employment Lawyers?

0 Upvotes

Hi Reddit,

I will follow the rules of this page and not disclose my issue with my previous employer. I live in Wisconsin and the employer is in IL. I feel taken advantage of and likely have a good case because the school district did not provide information prior to my starting, and when asked to provide copies of the policy they refer to, they are unable to provide these documents.

I have several email receipts about this issue, I’ve run it up the chain of command & the district does not feel they owe me for a job I’ve already completed. People around me professionally are telling me I need to seek legal action but I am broke (especially because I wasn’t paid the wage I was told I would be getting). If I am going to pursue this further, I need to find a lawyer or law student who is involved in employment law and willing to do pro bono work.

I am desperate and turning to Reddit for general advice or direction. I want to walk away from the whole thing but I’m also very dissatisfied with how the superintendent treated me and my situation.

If anyone is able to help or direct me to someone who can help I was be very, very grateful. I AM NOT ASKING FOR LEGAL ADVICE- I AM ASKING FOR A CONNECTION OR GUIDANCE TO SOMEONE IN IL OR WI
.


r/Ask_Lawyers 9h ago

image license inquiry for website image - copyright infringement

1 Upvotes

I know you are not my lawyer. This is a general question and seeking general answers.

Received an email from a firm in Canada (I'm in USA) about a blog I posted that used one of their images (they represent news sources), they told me that removing the image does not stop the claim and they wanted $600+ for the usage if I didn't have a license to show them

I did a reverse google image search and it looks as though the image is copyrighted - it's from a protest back during covid. I think copyrighted by two people or it was taken by two different photogs. Not sure if that matters

Anyway, I removed the image immediately. Deleted the blog page. It was old material and not even relevant.

What am I supposed to do now?

The blog and website hasn't sold anything in 6 years.

1 - Am I supposed to remove buy now buttons for products? I had one AI that told me to do this as it shows a non-business / non-commerce site. Another AI told me to leave the buttons because at least them I "might" get sales, which sounds ridiculous if it gets me into a higher payout from this company or possibly sued. Bloggers mention online that this company doesn't pursue them, just websites that look like they have money (a business)

2 - My website gets tons of traffic, but no sales. It needs a redesign anyway. It hasn't converted sales in years. One AI told me to put pages into draft or again, say "sold out" on buttons to avoid any charges from this company, another one said not to do that because it would ruin by SEO and all the traffic I'm getting once the redesign.

I don't know what to do. My concern right now is I don't want to pay this company or pay it very little. I don't have money to pay it anything cause the site generates nothing and has generated nothing for 6 years.

They only shared a screenshot of part of the page where I had the image that they are claiming is theirs. I've also seen online that you have to actually verify they have the ability to pursue money for this. Any comments I appreciate. TIA


r/Ask_Lawyers 3h ago

How does triple damages work?

1 Upvotes

Does a delay in filing (and receiving deposit in meanwhile), nullify my claim for triple damages although the return happened after the statutory violation and before the filing?


r/Ask_Lawyers 9h ago

How do you price one off engagements? Are there laws about how you can do this?

0 Upvotes

For solo lawyers how do you price one off engagements? If a client comes and just needs a contract or liability waiver do you charge by hour? Feels like per hour wouldn’t be best cuz it only takes like 1 hour sometimes.

Do you just turn em way?

Are there BAR ASSOC laws or rules about how you can do this?


r/Ask_Lawyers 5h ago

Lien on a car I don’t owe anymore

2 Upvotes

So I live in Tennessee and earlier this year I sold a car to peddle. I just got a certified letter in the mail from a auto body shop in Miami stating that they have done 3k dollars in repairs on the car and that they are claiming a lien on it if it’s not paid. But it isn’t my car anymore, so do I even need to respond to this letter?


r/Ask_Lawyers 2h ago

Senior friend made me joint account owner with ROS, passed away, hesitant to do anything with the account due to one of his children.

3 Upvotes

The scenario, general advice of course:

United States- Indiana

Was made a joint account owner with ROS of a close senior friend about a year ago. We've been close for around 8 years where I've done almost everything for him, daily, for the last 4 years other than the last year he was in a nursing home. I've journaled our visits throughout the last couple years regarding how he is doing and his health since I help him with meds, doc appts, grocery, bills, etc. For bills and payments, I never used the account for any of my needs or payments. I set up his bills on autopay to directly come out of his account so that I wouldn't have to be involved as much. For groceries and other random expenses, I'd just pay them with my money, document, and reimburse myself the cost from the joint account, typically at the end of the month.

We met around 4 months after his wife passed away and he has had no one to help him (he is limited to a motorized scooter). He had an estranged child (blocked his number, haven't talked in over 10 years) and would often go back and fourth, most times saying he is not leaving them anything at all to sometimes leaving them between $500-1000. There was never a will left. So I assume they will be inheriting the house (it's considered not safe to go back to and one of the reasons he had to be moved into a nursing home, no other cars or assets).

Originally, we both assumed he would go to the rehabilitation nursing home, get better over a few months, then come back home as this happened a few times in the past. While overall health was fairly stable (80s, a few chronic conditions, immobile), the nursing home eventually considered him not a safe discharge and that I'd be liable and responsible if I took him home and organized in-home nursing for him. In the meantime, while I was helping arrange his house for him to come home, I had to remove his bed to change it to a medical, reclining bed and mattress. He's told me throughout the years about where he keeps his money and was transparent with me about it and that I was the only one who knew. However, I had no clue how much he had, given the way he lived and never wanted to spend any money, which now kinda makes sense how he'd rarely spend throughout his life and only saved. There was around 50k in the joint account when he added me.

So we talked about depositing the money into the account since no one was going to be at the house, possibly selling it, and payments were starting for the nursing home since he was not on Medicaid. I contacted the bank ahead of time to let them know the situation and then I deposited it (over 500k). We remained close until he passed away around 8 months later in the nursing home. There remained no contact with any family just me and another friend from church we had in common that would visit from time to time until he passed away around a month ago.

I understand joint owner with ROS that the money is legally mine and that he wanted the left over amount to go to me. However, I feel timid in using any of it at all since I'm not sure if one day down the road during probate or that I could be sued by the child somehow? When they are Executor can they look into our joint account and if they see the money and pursue it?

Looking for a worse case scenario or how I could of protected myself or still can? Should I have spent and deposited money in and used it more so it wasn't considered a convenient account to just help him? How long do I wait to even do anything with the account?


r/Ask_Lawyers 14h ago

If you could ask a lawyer one question for free, what would you ask?

0 Upvotes

No judgment—ask anything about everyday legal problems, rights, contracts, property, employment, family matters, or dealing with police. What’s the one legal question you’ve always wanted answered?


r/Ask_Lawyers 23h ago

Is it a crime to lie online about having committed a crime?

0 Upvotes

Specifically, lying about having committed a crime in a random YouTube or Reddit post, for example. Will I face consequences if the police proceeds with verifications, and finds out I actually did not commit any crime?


r/Ask_Lawyers 22h ago

Contracts Law Q

1 Upvotes

Does an offer have to restate all the terms of an invitation to treat to be accepted? How does it differ from a transaction in a shop?

From Pharmaceuticals v Boots, the invitation to treat includes the price of the item, and a customer makes the offer when bringing the item to the counter.

If A invites B to do a service for a price range, and B makes an offer without specifically saying “I’ll do it for the price range” and A accepts, can you construe the elements of an offer objectively within the context of the invitation to treat/situation?


r/Ask_Lawyers 1h ago

Idaho4 case

Upvotes

What are the odds that Bryan Kohbergers petition is granted, and he receives a new trial? Just a question of curiosity


r/Ask_Lawyers 20h ago

When can an insurance loss-control inspector owe a duty to an injured third party or insurance carrier under New York law?

1 Upvotes

Hypothetical involving New York law:

Suppose a 1099 loss-control inspector is hired by an inspection company to perform property inspections for insurance-underwriting purposes.

The inspector photographs the property, records observed hazards, and submits a report identifying the inspector by name along with recommendations. The inspector receives little or no formal training regarding the required scope of the inspection.

Early in the relationship, the inspection company tells the inspector that getting photos of one apartment in a multi-unit building is sufficient. However, some individual assignments contain sentences such as “Verify Protective Safeguard: Smoke detectors must be functional and installed in all habitational units,” or similar sentences involving extinguishers/sprinklers.

The inspector does not always enter every unit and later learns that the inspection company is contractually permitted to edit the inspector's reports before providing them to the insurance customer.

Assume a fire later occurs in an apartment the inspector never entered and someone is injured because a required smoke detector was missing or a hazard was not discovered during the inspection.

Under New York law:

When, if ever, could the loss-control inspector owe a tort duty directly to the injured occupant, considering that the inspector's contractual relationship was with the inspection company rather than the occupant? What liabilities can the inspector face if a lawsuit were to happen and either the carrier tries to subrogate and recover losses or the injured party wants to sue to recover damages if the insurance company denies the claim?