Empowerment Lawyer ● 4 Pro Se Litigant
Empowerment Lawyer ● 4 Pro Se Litigant
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Employee's Rights When Employer Breaches Settlement Agreement.
How often does a Plaintiff sign a Settlement Agreement and fail to read the fine lines? Or, the Plaintiff does not follow-up the Agreement, to the end. This video demonstrates how the employer can breach a settlement agreement and legal options Plaintiff may have.
Переглядів: 94

Відео

How Pro Se Conducts Self In Litigation Could Be A Game Changer.
Переглядів 64616 годин тому
Attitude, Communication, Discovery Approach, and Court Appearance (in person and via zoom conference) are the touchstone of litigation. How pro se conducts himself or herself in litigation could make a difference between losses and wins. Pro Se, how do you fare?
4 Essential Tips. Motion for Leave to Amend Complaint
Переглядів 48414 днів тому
In this video I provide the Pro Se with Tips to assist them with convincing the Court to grant their motion for leave to amend their complaint. Watch This.
Preserve Your Right To Sue! And, Your Right Not To Divulge Medical Information To Employer.
Переглядів 41721 день тому
This video reiterates the importance of completing the EEOC Charge Complaint fully and correctly. By checking the correct box(es) and writing a narrative. It also addresses the rights of and employees and applicants who are asked certain medical questions regarding their health/medical history and the health/medical history of their family member. You want to watch this
Defendant's Violation of Good Faith Could be Fraud Upon The Court.
Переглядів 1 тис.28 днів тому
Typically, the Defendant asserts the clean hands doctrine against the Plaintiff. However, a Plaintiff can assert the doctrine, i.e., where the Defendant in asserting the doctrine to obtain equitable relief does so in bad faith. Give close attention to the evidence the Defendant introduces to argue unclean hands.
When Employer Intimidation Violates Employee's Right To Take Family Medical Leave. Know Your Rights.
Переглядів 271Місяць тому
Did you know that an employer intimidating or discouraging an employee from taking family medical leave may be interfering with the employee's rights. And that Interference violates the FMLA Laws? Know Your Rights!
Pro Se! Write Your Appellate Brief With The Court Order In Mind. Mirror the Order!
Переглядів 771Місяць тому
Pro Se, the key to getting a case overturned on appeal is demontrating that the Court made a mistake. This Video addresses two mistakes that courts make. The Video defines them and demonstrates their application through case law.
Yes! It's Possible To Refile The Same Claim After The Court Dismisses Lawsuit.
Переглядів 679Місяць тому
Pro Se Litigants have asked me this question: "Can I refile my lawsuit after the court dismissed it?" (Yes and No). It depends on how the court adjudicated the previous lawsuit. Under the Res Judicata Doctrine, plaintiff cannot refile the claim. However, if the court adjudicated the lawsuit on grounds other than on the merits of the case, generally, the case can be refiled. (Of course, the stat...
Pro Se! Did You Know? Limited Scope Representation Services Is An Option for You?
Переглядів 955Місяць тому
Pro Se, did you know that you could hire an attorney to assist you with parts of your case or all of your lawsuit? This video introduces the concept (to some) and explores the type and scope of the services the attorney could provide. Learn about your options! State By State Rules: www.americanbar.org/groups/delivery_legal_services/resources/pro_se_unbundling_resource_center/court_rules/?q=&wt=...
Pro Se, Don't Be Lured Into The Rabbit Hole. How To Avoid It And How To Get Out.
Переглядів 7022 місяці тому
Pro Se, don't be lured into the Rabbit Hole. It's a dangerous place to be. I list three things that will help you to avoid it; the fourth thing instructs how to get out of the rabbit hole.
Pro Se Settled Two Discrimination Lawsuits. Hear The Strategies He Used To Win.
Переглядів 4,6 тис.2 місяці тому
This is the interview of Wilfred Lee, responding to pro se litigants' questions on settlement strategies. Mr. Lee's interview is based on his personal experience as a pro se litigant engaged in settlement. The content is not intended to and does not constitute legal advice. BE PROACTIVE! BE EMPOWERED!
Pro SE! Reminder To Submit Your Settlement Questions. TODAY!
Переглядів 2302 місяці тому
Pro SE! Reminder To Submit Your Settlement Questions. TODAY!
Pro Se! Thinking About Settling Your Case. Ask Questions To A Former Pro Se Litigant.
Переглядів 4682 місяці тому
Often, pro se litigants ask me whether they should settle their case. For obvious reasons, I am not in a position to answer those questions. I will be interviewing Wilfred Lee, a former pro se litigant who settled his case. And, you will get the opportunity to ask him questions regarding his experience in litigation and the settlement process. (No legal questions). Watch this Video for instruct...
When Opposing Attorney Interferes With A Deposition Exercise Your Rights. Invoke The 7-Hour Rule.
Переглядів 6172 місяці тому
It's natural for an attorney to assert the interests of their client, as long as their conduct is in good faith and they follow the rules. Unfortunately, attorneys fail on both counts. This video addresses attorney behavior that obstructs the deposition and the consequences for doing so. And it makes the pro se aware of the 7 Hour Rule and its applicability to depositions.
Filing An EEOC Charge Is Not A Waste Of Time. The Employers Position Statement Is The Best Evidence.
Переглядів 3,8 тис.2 місяці тому
When the Plaintiff files an EEOC complaint, the Defendant is invited to file the company's position statement. Pro Se, DO NOT DISMISS the statement. You need to read and disect the statement. Because in it you will find material that could serve as evidence to assist you in litigation. Wath the Video.
Pro Se! Justice Is Attainable. Hang In There! Don't Give Up! .
Переглядів 6892 місяці тому
Pro Se! Justice Is Attainable. Hang In There! Don't Give Up! .
Pro Se! When Defendant Argues Your Case Is Moot. Show Justiciability. Look To The Exceptions.
Переглядів 5572 місяці тому
Pro Se! When Defendant Argues Your Case Is Moot. Show Justiciability. Look To The Exceptions.
When Defendant Claims Discovery Is Privileged. Check Defendant's Privilege Log. Watch This.
Переглядів 1,1 тис.3 місяці тому
When Defendant Claims Discovery Is Privileged. Check Defendant's Privilege Log. Watch This.
How Defendant's Continuous Wrongs Temporarily Stop the Statute of Limitations - Extends Time To Sue.
Переглядів 1,3 тис.3 місяці тому
How Defendant's Continuous Wrongs Temporarily Stop the Statute of Limitations - Extends Time To Sue.
How To Prevent Defense From Destroying Documents. When Defense Must Preserve Discovery-Evidence.
Переглядів 1,6 тис.3 місяці тому
How To Prevent Defense From Destroying Documents. When Defense Must Preserve Discovery-Evidence.
Pro Se! Served With A Roseboro Notice? Don't Ignore It. Your Case Could Get Dismissed.
Переглядів 8253 місяці тому
Pro Se! Served With A Roseboro Notice? Don't Ignore It. Your Case Could Get Dismissed.
Pro Se. The Most Frequently Asked Quetions Answered Here! Get Lawyered Up!
Переглядів 6594 місяці тому
Pro Se. The Most Frequently Asked Quetions Answered Here! Get Lawyered Up!
Pro Se! Suing Multiple Defendants? Organize Your Complaint. Shut Down Defendant's Motion To Dismiss.
Переглядів 3,1 тис.4 місяці тому
Pro Se! Suing Multiple Defendants? Organize Your Complaint. Shut Down Defendant's Motion To Dismiss.
Pro Se! You Need Determination and Empowernment In This Fight. Let This Video Encourage You.
Переглядів 8404 місяці тому
Pro Se! You Need Determination and Empowernment In This Fight. Let This Video Encourage You.
The Power Of Pendent Jursidiction. How It Can Silence A State Claim In The Federal Court.
Переглядів 7654 місяці тому
The Power Of Pendent Jursidiction. How It Can Silence A State Claim In The Federal Court.
Complaint Against Federal Circuit Court Judge . Chief Judge's Obligation When Evaluating Complaint.
Переглядів 6155 місяців тому
Complaint Against Federal Circuit Court Judge . Chief Judge's Obligation When Evaluating Complaint.
Pro Se! Beware Of Blanket Protective Orders By Defendant. Do Not Consent Before You Inspect.
Переглядів 4905 місяців тому
Pro Se! Beware Of Blanket Protective Orders By Defendant. Do Not Consent Before You Inspect.
Pro Se. Don't Be Intimidated About Responding To Briefs. Write With Confidence. Follow The Formula.
Переглядів 7225 місяців тому
Pro Se. Don't Be Intimidated About Responding To Briefs. Write With Confidence. Follow The Formula.
Disability Discrimination Based On Perception Is Wrong. It Still Violates Federal Law.
Переглядів 3985 місяців тому
Disability Discrimination Based On Perception Is Wrong. It Still Violates Federal Law.
Suffered Constitutional Violation. Filing Federal Lawsuit? Be Sure To Assert Standing To Sue.
Переглядів 2,2 тис.5 місяців тому
Suffered Constitutional Violation. Filing Federal Lawsuit? Be Sure To Assert Standing To Sue.

КОМЕНТАРІ

  • @louveniarichard2501
    @louveniarichard2501 12 годин тому

    How do you get an audit trail as a pro se when the defendants lawyers tell you not to contact the hospital. They say you have to go through them, but they refuse your request and want give it to you.

  • @terrencemarshall-me6er
    @terrencemarshall-me6er 19 годин тому

    Hyd mam. Do you think you can coach me step by step on exactly how to fill out a federal and state civil suit. I had inbox you a while ago on fb. Dre Marshall

  • @jolantahill787
    @jolantahill787 21 годину тому

    🥇good legal points made to learn🥇 ThankYou AdvocateLucinda🌹

  • @procurementqueen
    @procurementqueen 22 години тому

    This was good.

  • @terrybowshier682
    @terrybowshier682 День тому

    Taking a judge to small claims court Wed 11th, was go in Sui-Juris.....thoughts please.

  • @eversoslayed
    @eversoslayed 2 дні тому

    What if the defendant responds 3 months later 😢

  • @jacquelinewatkins8966
    @jacquelinewatkins8966 3 дні тому

    You are AWESOME!!👑☀️💐💜 Many Many Blessings… 🙏🏽💜🙏🏽 I have a Constructive Discharge case in court and literally feel like David vs. Goliath (Jacqueline Watkins vs. City of Chicago) Case #24-cv-04467. Your Platform is a Blessing 💜 🙏🏽💜

  • @g.l.e.4795
    @g.l.e.4795 3 дні тому

    You are a blessing you are not doing this in vain you are truly helping those who have lost hope you are the light in the darkness please continue to provide useful info for those in need can't thank you enough!!

  • @JD.yahthatsme
    @JD.yahthatsme 3 дні тому

    Any wins???

  • @normanbaloy1538
    @normanbaloy1538 3 дні тому

    I like this video ,hey hopefully you watch this video this is for you .thanks miss Lucinda all you said is right I want him to see this video ,thanks again miss lucinda I think iam strong enough to present my self in court.

  • @g.l.e.4795
    @g.l.e.4795 3 дні тому

    I have a case in federal court for employment discrimination and failure to accommodate a disability i have overwhelming evidence and admissions from the opposing side the defendant did not file a timely motion twice according to local rule 7-3 the judge allowed both to be heard i served the defendant according to ccp 415.30 and provided a signed acknowledgment of proof of service by substitute service the judge still quashed my proof of service i heard the gentleman in the video talk about interlocutory appeal can you explain more on how to file such a motion?

  • @BigDadTheChairman
    @BigDadTheChairman 3 дні тому

    I am a disabled American Indian. My civil, constitutional, and treaty rights violated. I am a victim in this case. I have videos and photos to prove this. Two of my cars were broken. One was illegally towed and violated my right to due process and my property. So now I have no car. They also improperly served me violating my right to due process. The fact of the matter is that there is no civil/regulatory jurisdiction for the state to make anything legally binding.

    • @BigDadTheChairman
      @BigDadTheChairman 3 дні тому

      I have the interaction with the police on VIDEO where they violated my right to equal protection. The officer told me that “he had more important things to to.” I am disabled and someone had stolen my medication. I was also discriminated against when he told me that “I obviously don’t know how this works.”

    • @BigDadTheChairman
      @BigDadTheChairman 3 дні тому

      I have lots of video evidence that also shows I am the victim.

  • @007msshay
    @007msshay 4 дні тому

    How do you get the employer to provide a position statement when they haven’t, and seem not to be responding?

  • @dianaoconnor6655
    @dianaoconnor6655 6 днів тому

    Thank you for this video. Your information is amazing and so helpful. I learn so much much from you.

  • @rogerward-
    @rogerward- 6 днів тому

    In Ohio they retaliate against me i was charged with obstruction went to court got all charges dismissed filed a law suit cause they kept my truck and wouldnt release it. Got this judge that was very abusive with threats had him disqualified by the ohio supreme court new judge just dismissed my case. They all are corrupt - see In re Disqualification of Ruehlman, __ Ohio St.3d __, 2024-Ohio-1306

  • @MowFarah-gy1pv
    @MowFarah-gy1pv 6 днів тому

    Hi my name is Mohamed ❤❤ thanks . please can i have consultation

  • @TheOneTrueAJ
    @TheOneTrueAJ 6 днів тому

    The defense is trying to outlast you. Even if everything they file is frivolous, theyre getting paid for each document and as long as the case goes. Think about it. This is their full-time job. They're milking the defense to make their fair share so they can eat well win or lose.

  • @user-sl9xg5uo2r
    @user-sl9xg5uo2r 6 днів тому

    Lucinda...This is a great UA-cam site and I watch it all the time. I am in this very situation and I need help with my Appellate Brief. I cannot afford a lawyer so I am trying to do the Appellate Brief myself. You said there is a link to your example but I don't see a link. Where can I see the example you used for this video??

  • @The-Rebellious-Slave
    @The-Rebellious-Slave 7 днів тому

    This is certainly wise instruction Advocate Lucinda. Much of this is simply an open display of respect for the Court as well as a display of confidence that your litigation and your merits speaks for itself. No attitude or "hardball plays" needed.

  • @sonyaunderwood933
    @sonyaunderwood933 7 днів тому

    Outstanding video, the Judge has dismissed my complaint, but permitted me to do an amended complaint… I will follow the elements…. Thanks, Coach

  • @drizzle4shizzle24
    @drizzle4shizzle24 7 днів тому

    JUSTICE

  • @drizzle4shizzle24
    @drizzle4shizzle24 7 днів тому

    You have given me hope and I will be reaching out to you in the near future. Thank you

  • @jolantahill787
    @jolantahill787 7 днів тому

    Please could you kindly make a video as how to organise EmploymentDiscrimination case paper files, AdvocateLucinda🌹❓

    • @advocatelucinda
      @advocatelucinda 7 днів тому

      Actually, I'm working on a product now. Stay tuned.

  • @adventuristaguru
    @adventuristaguru 7 днів тому

    The appearance of a pro se should be business casual not over the top suit and tie , I have noticed in many court rooms that dressing over the top as a pro se the court and opoosing attorney's look at you as a wanna be attorney, look your just there to win your case don't dress over the top you will get more respect dressing casual no Jean's or gym shoes do a button up or plain polo

  • @mysterymachine3945
    @mysterymachine3945 7 днів тому

    ⚠️ Nope! according to the pathetic northern tx federal court & the feeble minded appellate in Louisiana court, this would be considered as -only- "speculative", they don't care about actual laws. I added all these similar details to my federal discrimination & retaliation case and they kept dismissing it because they considered it as assumption of allegations, even though I have verified emails of wrongful termination and retaliation, the system is a big SHAM!!!! Because these courts are extremely biased, that is why the general public has very little to no confidence in the evil Judicial system!

    • @advocatelucinda
      @advocatelucinda 7 днів тому

      I hear you. I believe justice is worth fighting for.

  • @DustinUhrig
    @DustinUhrig 7 днів тому

    Adjust the judges my honor not your honor they are not above you so you are not their slave

    • @advocatelucinda
      @advocatelucinda 7 днів тому

      You are correct. The judge is not above you. Another commenter summed it well: @The-Rebellious-Slave, wrote: "Much of this is simply an open display of respect for the Court as well as a display of confidence that your litigation and your merits speaks for itself. No attitude orv"hardball plays" needed."

  • @DustinUhrig
    @DustinUhrig 7 днів тому

    Why do you have to silence your phone when it's a public building and you have the right to record as the first amendment says freedom of the press

    • @advocatelucinda
      @advocatelucinda 7 днів тому

      Every courthouse and courtroom has its rules.

  • @jolantahill787
    @jolantahill787 7 днів тому

    This is beautiful presentation🥇AdvocateLucinda🌹 ThankYou

  • @Adehead
    @Adehead 7 днів тому

    She was not cordial when during a deposition she told me I smirk. I merely try not have a resting b face when I am listening.

    • @jaymorgan.
      @jaymorgan. 7 днів тому

      I have that problem too. When my face is rested I’m told I look mad or upset and when I smile that’s a problem too. 😂

    • @Adehead
      @Adehead 7 днів тому

      @@jaymorgan. my Mother clipped an old Ann Landers post about people with turned down corners of mouth when a person is concentrating. I started trying to be more aware. That was in the 80’s probably.

  • @187live
    @187live 8 днів тому

    I amended my complaint once befor the defendant provided an answer or motion. Can I amend it again in the future in response to a motion?

    • @advocatelucinda
      @advocatelucinda 7 днів тому

      You will need to seek leave to amend. It involves you filing a Motion for Leave to Amend. Typically, local motion rule requires that the movant confer with opposing counsel and get their consent. Read F.R.C.P. 15: www.law.cornell.edu/rules/frcp/rule_15

  • @sweetjonesjrrwilson2263
    @sweetjonesjrrwilson2263 8 днів тому

    Should I agree to proceed with arbitration/litigation or keep my complaints in federal civil court?

    • @advocatelucinda
      @advocatelucinda 7 днів тому

      You know your case. Compare strengths and weaknesses. Make a decision. Best.

  • @TheOneTrueAJ
    @TheOneTrueAJ 8 днів тому

    I think the end should've been specified. Oppositional counsel will always say the case has no merit.

  • @SpartanFitnessMma1
    @SpartanFitnessMma1 8 днів тому

    Step one let them give you so much evidence its indisputable

  • @Jersey-towncrier
    @Jersey-towncrier 9 днів тому

    This is EXACTLY right. It's been my experience for years. I have always said that they behave with a "closed-shop" attitude, acting as though they are a labor union protecting a skilled labor trade. They expect you to pay one of their pals for subpar representation that often amounts to a draw rather than a win, and they use every conceivable tactic at their disposal either to frighten you into submission or just to outright deny due process. The double-standard in the tribunal is often palpable and odious. But hey Ms. Lucinda, I am in need of some help. I have filed a state civil rights complaint in the state of New Jersey asserting numerous claims concerning the role of several prosecutors at both the Superior and Municipal Court levels, all of whom have conspired to turn me, the original victim, into a newfangled defendant. Why? The situation arose out of an attack on my person last year at the local VOA shelter. Two staff, one of whom was a supervisor, committed an aggravated assault on me--one with a weapon in his hand--because I was missing items out of my locker and began frantically asking where they were. The two men attacked me on camera, unprovoked, and I had two front teeth kicked out in the process. I also have an eyewitness to the entire scenario who has provided a statement. The problem is that the state prosecutors tried to downgrade and dismiss their charges for agg. assault without telling me (I have a felonious history and was engaged in criminal litigation during the pendancy of the investigation against my attackers). I eventually discovered by happenstance that the state prosecutors had downgraded the charges back down to municipal court. I began appearing at the hearings and demanding a copy of the video and refusing to allow the one remaining attacker to be let go with a "disorderly conduct." That is when I was ultimately charged. But that didn't even happen until, several times, I had threatened on paper to file a state civil rights claim for their numerous violations of NJ Constitution Art. 1, para. 22. I was the unquestionable victim for almost a year, until this turn of events. Obviously this is the abridged version and I can provide the entire complaint if you're curious. As it stands, I have served all 8 defendants with my state civil rights complaint under NJ Stat. 10:6-1(c) and so far have received only one motion to dismiss from county counsel representing the two municipal court prosecutors. Of course they rely on Imbler v. Pachtman. However, I had based my complaint on an email I received in which the current prosecutor himself admits that he was "trying to ascertain what [I] had in [my] hands in the video because the defendants claimed it was a weapon." Aside from the fact that I know what happened in that video, and that I did NOT have anything in my hands (implying that he did not actually watch it or is lying about what he claims to have seen in it), his premise places him squarely within the exceptions to Imbler, namely, that he was acting in the role of an investigator rather than just a prosecutor. In any case, isn't an affirmative defense like absolute immunity supposed to be raised in a motion for summary judgement rather than in the motion to dismiss? Or does that not matter? That might be small procedural technicality I might attempt to raise in addition to my other rebuttals. In short, I am suing them in their role as investigators, and at the core of my claims is (1) I had made them aware in writing several times that I was considering filing a civil suit for their violations of my rights under NJ Const. Art.1, para. 22.; and (2) that it wasn't until those warnings that the state and the defendant's attorney sought to eviscerate those rights by the simple expedient of conspiring to make knowingly false claims before a judge, thereby converting me from a victim under the aegis of Art.1, para. 22, to a criminal defendant, whose punishment by the process is designed ultimately to conceal the tortious conduct at the VOA. I don't know what a case like this is worth, but my instincts tell me it's getting close to 7 figures. The problem is that I am up against enormous corruption, and even the A.C.L.U. has completely ignored me. So is there a way you could possibly help me, perhaps by email? Maybe at least you could help with a referral, but I would have to speak more at length privately to fill in some of the details. Thanx for reading this long comment, anyway.

  • @user-wh4sf7qg3g
    @user-wh4sf7qg3g 9 днів тому

    THANK YOU

  • @healersofhumanity
    @healersofhumanity 9 днів тому

    Thank u!

  • @gabisrael6829
    @gabisrael6829 9 днів тому

    I just got an email that my employer was ask to submit a Position Statement on your charge. So I’m just waiting

  • @BewarePeople-od2bd
    @BewarePeople-od2bd 10 днів тому

    The Correct Term is; Su Juris. Not Pro-Se! , witch actually means No-Speak

    • @advocatelucinda
      @advocatelucinda 9 днів тому

      "Sui Juris" is being legally independent and not under the legal guardianship or control of another, i.e., having the capcity to handle one's own affairs. See following link: www.lawinsider.com/dictionary/sui-juris "In propria persona" or "pro se" is used for a person who appears before a court or represents themself in absence of a lawyer. See following link: www.law.cornell.edu/wex/in_propria_persona Take care.

    • @BewarePeople-od2bd
      @BewarePeople-od2bd 9 днів тому

      Sui juris is the way . : for I a man can not Appear, I am not a ghost.

  • @1Knoche11
    @1Knoche11 10 днів тому

    If a Prosecutor misleads the court by lying about contents of an email to obtain a no contact order...then doesnt file the email supporting the order that would be fraud upon the court right?

    • @advocatelucinda
      @advocatelucinda 7 днів тому

      Review the prima facie elements. Next, determine if your facts can estalish these elements to make a case for fraud.

    • @1Knoche11
      @1Knoche11 7 днів тому

      Thank you. I believe it can. It's not just the Prosecutor. It's alot of the District. Probably the worst case of corruption in KS history.

    • @1Knoche11
      @1Knoche11 7 днів тому

      There is a criminal element operating from within District 10 Courts. I can prove it. The reasonable man would throw his hands up and get out of the situation but I can't. Perpetuation of legal theft. Multiple officers Judges, Prosecutors, GAL, several attys. 1 I reported to board of atty discipline. The state sent him a copy asking for response. This week that attys filed a withdrawal but I was not served a copy. I only know because I was drafting a motion in opposition to quash a subpoena I issued to the GAL So I saw the hearing date on their website. of the court. It's gone on for 2.5 years and I'm just now getting verbal because I'm exhausted and my life ruined. Civil rights suit hidden from me. Bad Faith offers to settle.

    • @advocatelucinda
      @advocatelucinda 7 днів тому

      You are welcome.

    • @advocatelucinda
      @advocatelucinda 7 днів тому

      Hang in there! I wish you the best.

  • @jett888
    @jett888 10 днів тому

    What is the EEOC??

  • @jett888
    @jett888 10 днів тому

    Thank you for the reminder to take care of our health!! Just today I was feeling depressed- and emotion I have not had to experience much in my life.

  • @ChristySchaar
    @ChristySchaar 10 днів тому

    Glory to the God of Justice!

  • @embracingchange1130
    @embracingchange1130 10 днів тому

    If one is now a plaintiff for the civil lawsuit whose 14th amendment was violated by the police as starting this video how is this video then worded to the plaintiff’s favor in a civil lawsuit rather than a criminal case as a defendant? Not sure if I’m asking that correctly.

    • @advocatelucinda
      @advocatelucinda 7 днів тому

      A Brady motion can be filed throughout a criminal proceeding, not just before a criminal trial begins. (Read local-jurisdiction rule). The objective is to get the withheld evidence released so that defendant can use it at his trial. At this time, defendant remains the defendant. Suppose defendant later sues the police for violating his Fourteenth Amendment due process? Let's say he sues for malicious prosecution, intentional misconduct involving Brady violations that resulted in damage to him? He is now the plaintiff in a civil lawsuit. By the way, the Fifth and Fourteenth Amendments are focal to criminal cases. I trust this helps.

  • @humblebeecandlesllc
    @humblebeecandlesllc 10 днів тому

    How do I handle a defendant who is apart of the government disrespecting my character for having evidence on wrongful termination as well as discrimination acts by management. I was fired due to speaking up for not being heard during a harassment situation that the colleague ended up getting let go. After that i started seeing my managers look for any reason to treat me rudly and take my clients from me. I did a task they lied about me not doing which led to the termination. However i had ny colleague txt and tell management it was completed. After my termination the position i had been asking for months to transfer to it magically opened up and given to another person who was promoted to my position at a time i wanted and was told it wasnt available. Does this not fall under the discrimination act and whistleblower act?

    • @advocatelucinda
      @advocatelucinda 7 днів тому

      Review the prima facie elements for employment discrimination and the Whistleblower Act. Next, determine if the facts in your case establish the elements for both actions. You may want to file an employment discrimination charge with EEOC.

  • @PariahDice
    @PariahDice 11 днів тому

    I sent this to a friend, I love the work you do! You are truly amazing, wonderful, and a beautiful person!

    • @advocatelucinda
      @advocatelucinda 7 днів тому

      Wow, thank you! I trust the video is helpful to your friend.

  • @grndhg86d
    @grndhg86d 11 днів тому

    How do you rescind contracts and rebutt the presumptions of the court after a corrupt lawyer has already sabotaged a family court case?

    • @advocatelucinda
      @advocatelucinda 7 днів тому

      I encourage you to consult with a lawyer. In order for an attorney to ascertain your needs, they'll need to hear your story.

  • @amandalove1745
    @amandalove1745 11 днів тому

    Amazing thank you! Haines v. Keaner, et al. 404 U.S. 519,92 s. Ct. 594,30 L. Ed. 2d 652. Whatever may be the limits on the scope of inquiry of courts into the internal administration of prisons, allegations such as those asserted by petitioner, however in artfully pleaded, are sufficient to call for the opportunity to offer supporting evidence. We cannot say with assurance that under the allegations of the pro se complaint, which we hold to less stringent standards than formal pleadings drafted by lawyers, it appears 'beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.' Conley v. Gibson, 355 U.S. 41,45 46 (1957). See Dioguardi v. Durning, 139 F.2d 774 (CA2 1944). Estelle, Corrections Director, et al. v. Gample 29 U.S. 97, 97 S. Ct. 285, 50 L. Ed. 2d 251. We now consider whether respondent's complaint states a cognizable 1983 claim. The handwritten pro se document is to be liberally construed. As the Court unanimously held in Haines v. Kerner, 404 U.S. 519 (1972), a pro se complaint, "however inartfully pleaded," must be held to "less stringent standards than formal pleadings drafted by lawyers" and can only be dismissed for failure to state a claim if it appears "beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Id., at 520 521, quoting Conley v. Gibson, 355 U.S. 41,45 46 (1957).

  • @neckutter
    @neckutter 11 днів тому

    This was great, thank you. I’ll have a section 1983 lawsuit in bout 6 months when I beat my 120 years worth of charges pro se.

  • @morganlucas9062
    @morganlucas9062 12 днів тому

    Is this requested in lieu of refiling? I must talk with the opposing team and the judge this thursday..... If i refile...im at risk for the ppposing team yo say ive breached the statute of limitations. A lawyer said shr may need 12 months to prepare. Please tell when this is necessary and allowed Thank you

    • @lovenpeace6798
      @lovenpeace6798 12 днів тому

      The doctrine of Equitable tolling

    • @advocatelucinda
      @advocatelucinda 7 днів тому

      In the motion for leave to amend, the plaintiff seeks permission from the court to submit a corrected complaint. To avoid a statute of limitations issue, your amendment must relate back to the original pleading date. It's called the Relation Back Doctrine. On relation back of amendments, read F.R.C.P. 15: www.law.cornell.edu/rules/frcp/rule_15 Also, here is the link to a video I did on the Relation Back Doctrine: ua-cam.com/video/_9G5xkuEOmI/v-deo.html

  • @DustinUhrig
    @DustinUhrig 12 днів тому

    I just want to know when you're having a seminar and where you're located

    • @advocatelucinda
      @advocatelucinda 7 днів тому

      Sometime in the future. Stay tuned in.

    • @DustinUhrig
      @DustinUhrig 7 днів тому

      @@advocatelucinda ok I wood like two see it and a friend of mine wants to come two

    • @advocatelucinda
      @advocatelucinda 7 днів тому

      Thanks. Stay tuned.