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Lwyr-Qualty Para-Srvce: = 80-85% of Lawyer at 15-20% of Price of Lwyr! (New York-Smart & Jersey-Tough, from Suffern, NY since 2010.)
license info:
AAS in Paralegal Studies; -- SUNY // Rockland Community College; -- Spring 2002. --- Dean's List.
offered virtually
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The Lawyer-Quality Paralegal-Service
John Sovak, Owner
Suffern, NY 10901
(201) 934-3306
[Owner@LQPS.pro]
(I conduct my business almost exclusively in the afternoon and evenings)
((when most of the Demand is), from around 2 or 3 in the afternoon until
(about 10 or 11 in the late evening. --- If you call me in the morning, you are
(all but certain to be leaving me a voice mail. --- I apologize for any inconvenience.)
I AM NOT KIDDING - I WILL FIGHT FOR YOU!!!
*******************************************
Ever hired a Lawyer and felt that you weren't really getting their all?
It is an unfortunate truth that many Attorneys sell-out their clients and make deals with their opponents, for other future work, for non-legal work, what have you, when they should be zealously representing your interests.
Even if your Attorney isn't Overtly Corrupt, there is always the matter of 'Maintaining their Viability within the System'. --- What that means and refers to is that Every Attorney ALWAYS has to be very Wary of NEVER getting any Judge too mad at them, because they will almost certainly have to appear before that Judge again.
Lawyers thus have an Institutionalized Interest in Going-Along to Get-Along. --- And so that is what they All Always Do.
Paralegals don't have this problem -- EVER. --- We are Invisible in almost every circumstance. --- We don't ever have to worry about appearing before that Judge the next time because we won't.
I don't do any of that. --- If you hire me, you get the very best of me, at all times. --- I Will Fight Hard for You.
BACKGROUND OF JOHN SOVAK
*******************************
I graduated from SUNY / Rockland Community College's Paralegal Studies program in Spring 2002 with the AAS Degree in Paralegal Studies. --- I made the Dean's List.
I read most of The New York Times many days and watch the MacNeil-Lehrer NewsHour nearly-every night. --- I am well-informed about the topics of the day, and about the general political and legal atmosphere in each of the various counties here in the LHV. (You might be surprised about how often that can make a difference.)
I really do know "What's Goin' On?"
I grew up a good Catholic boy in Monsey, NY in the '60's and '70's. --- My Take-No-Prisoners style definitely emanates, in large measure, from being reared in a Town, like Ramapo, that values a certain Rock-Em, Sock-Em political and legal culture.
Today, I put those skills, and my wide and deep knowledge of law and politics, to work for you.
PRO-SE SUPPORT & LEGAL STRATEGIES: -- USE CASES
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In most Cases, the Parties themselves actually possess the most-intimate knowledge of the Facts of a given matter. --- I Offer the Support Services, in terms of both Strategy and Document Production, that a Plaintiff or a Defendant needs to Press or Defend the Case at-hand.
No one knows your Facts better than you do. --- You just need a little help with the Papers, and the figuring-out what to do part.
These are the steps of the Litigation Process. --- I can help you with ALL.
Pleadings: -- Complaints, Answers and Replies
Pre-Trial Motion Practice
Discovery
Trial Preparation
Post-Trial & Appeal
Basically, my Argument to you here is that I follow a very-Thorough and very-Comprehensive Work-Method of Reviewing every conceivable Defense or Claim and then assessing and assembling them for their Litigation Utility in that particular Matter.
It’s Best to be Thorough! --- (Most Citations Omitted here.)
My Proudest Case ever:
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The Girl who Could Not Speak was Defended from Her Own Mom’s Dogs and other Animals
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One of my early Cases was to mount a Defense of a young Woman who suffered from a severe Developmental Disability.
She had a Genetic Disorder that rendered her Blind and unable to Speak. --- Although she was well-capable of making her Wishes known, that was through Grunts and Cries and other non-Verbal Communication.
Well, her own Mother INSISTED on Visitation, with a now-Adult young Woman (over Age 18), at the Mother’s own Dog-Ruled Home, with the Mom refusing to drive the 3 or 4 miles from Ridgewood, NJ to the well-known Horrors of Saddle River, New Jersey (JK – Saddle River is one of New Jersey’s very-Wealthiest Municipalities).
I Recognized this Sad State of Affairs and Wrote the Complaint that finally brought this young Woman some greater measure of Control over her difficult existence. --- I Wrote a Complaint that accused her Mother and the Mother’s Attorneys of Conspiring to Deprive her of her Constitutionally-protected Rights, under the First, Fourth and Fourteenth Amendments, pursuant to 42 USC § 1985(3).
Her Life got a little better, not having to spend time with the Dog Smells at her Mom’s House. --- I am proud of the Work I did there, but the situation for her remained a great Tragedy, the small bit of Relief that she did, at long-last, receive, notwithstanding.
State RICO-Like Claims Dismissed with Only a Modicum of Digging
*********************************************************
New Jersey has two Laws, the Consumer Fraud Protection Act (NJSA § 56:8-1, et seq.) and the Insurance Fraud Prevention Act (NJSA § 17:33A-1, et seq.), which are very much like the Racketeer Influenced and Corrupt Organizations Act of 1970 (18 USC § 1960, et seq.) (RICO), in that they also provide for Treble Damages and Attorney’s Fees, only in New Jersey the Trebling of the Damages and the Attorney’s Fees are MANDATORY (not-so in Federal Court).
My Customer had been Accused in the 430-page, 1100-paragraph, Complaint of complicity in a multitude of Insurance Fraud Schemes.
I ultimately found and wrote 5 different Defenses for my Customer, plus a Final Motion, in the alternative, asking for a More Definitive Statement
These were the five (5) Defenses: --
(a) ----- Failure of to Serve Defendant in such a manner as to Confer either-or-both Personal Jurisdiction and//or In Personam Jurisdiction, and further that either-or-both the Process Served was Defective, and//or the Service of said Process was Defective;
(b) ----- Failure to File within the Statute of Limitations, as to All Counts;
(c) ----- Failure to State a Claim upon which Relief can be Granted, for the Massive Complaint NotIncluding even a single tale that Inculpated my Customer by Name. -- NOT ONE, in 1100-paragraphs and 430-pages, as to All Counts;
(d) ----- The Superior Court’s lack of Subject Matter Jurisdiction over 5 of the 7 Counts, on Ground that ONLY the NJ Board of Medical Examiners could adjudicate Claims made under the New Jersey Administrative Code (NJAC), with NO PROVISION MADE FOR Suit by Private Plaintiffs, such as the Allstate Plaintiffs trying to do just-that here;
(e) ----- 15 Equitable Defenses, as to All Counts; -- and then –
If all of that Failed: --
(f) ----- An Interrogatory-like Motion for a More Definitive Statement.
(ALL WITHIN THE RULES – Completely -- but also sure to Intimidate even the most-seasoned Insurance-Litigation Attorneys.)
Most notably, I was able, merely by reading the applicable Law (NJSA § 45:9-22.5), to determine that the Plaintiffs – Allstate Insurance – had broken one of the Cardinal Rules of Regulatory and Administrative Law in the State of New Jersey.
The Law they sought to break was that they were deliberately attempting to Enforce provisions of the New Jersey Administrative Code, New Jersey’s Rules and Regulations, similar to the CFR, in the State’s Top Civil Trial Court, the Superior Court of New Jersey, for HUGE Money Damages and Declarative and Injunctive Relief, just for good measure.
Only they are NOT ALLOWED TO DO THAT, pursuant to NJSA § 45:1-23. --- That knocked out 5 of the 7 Counts on Grounds of Subject Matter Jurisdiction, with one fell swoop.
On the 2 remaining Counts, there were Statute of Limitations problems and further because they had Failed to State a Cause of Action upon which Relief may be Granted, here because nowhere in that 400-page monstrosity of a Complaint did Allstate Insurance see fit to actually name one single thing my Customer ever did.
That Woman got the Justice she was Entitled to with the Case against her Dismissed upon the Motion I wrote for her.
Running Over Her Opponent, Over-and-Over-and-Over
*********************************************
In a Landlord-Tenant Case from the Southern Tier of New York State, I was able to find six (6) Independent Grounds for my Customer to Move to Dismiss the Petition and Notice of Petition for Eviction. --- Six (6).
These are they:
(a) ----- Failure to Serve a proper Notice of Petition: -- ONLY the Clerk of Court can Sign a Notice of Petition for a pro se Petitioner (Plaintiff). --- This Petitioner Signed his own, which he could Not-Do.
(b) ----- Petitioner did Not Serve the Notice of Petition properly, in that he arranged Service of it OUTSIDE the permitted Winder for Service of such Notices of Petition.
(c) ----- Petitioner NEVER Purchased a proper Index Number, which is a foundational Element of EVERY Court Case (more-commonly known as a ‘Docket Number’). --- In NYS, usually called an Index Number.
(d) ---- Petitioner did NOT Properly Describe the Property whose Possession was to be sought in the Case. --- Property Description not-Specific enough.
(e) ---- Petitioner Failed to Serve a proper Predicate Notice on my Customer (most-commonly known as a ‘Notice to Quit’).
(f) ---- the Court itself lacking Subject Matter Jurisdiction (an extremely unusual Argument in any Landlord-Tenant Case) in the Case, because it actually pertained to an existing Contract between these Parties for the Sale of Real Property, which in New York is a Case that can only be heard in our County-wide Supreme Court (usually called the ‘Superior Court’ in most States).
What I am most Proud-of here is that I suggested to my Customer, and she Accepted this Advice, that she ‘Keep her Powder Dry’, and only use these Defenses one-at-a-time, all-the-better to Tire the Petitioner out before he would ever get anywhere close to a Judgment for Possession (the Objective of every Eviction Action).
The Silicon-Valley Two-Step
************************
In one recent Case that I am particularly Proud of, I was able to help one Customer, though not through any Litigation Strategy.
In her Case, located near the heart of Silicon Valley (San Jose), she ran-into an intractable Judge who would not hear a single Plea or Motion she made in her Unlawful Detainer (Eviction) Case. --- And we made every one we could. --- We engaged in Discovery. --- Summoned Witnesses for Trial.
In the end, NONE of it mattered.
In the end, I devised a non-Judicial Strategy that allowed her to Preserve her Capital and continue to obtain substantial Value from her Business in spite of her losing every single Motion or Argument that I made or suggested in the Legal Case.
I am very Proud of devising this Strategy – outside the Courts – and was Thrilled for her to derive the Benefit of my Strategy-Formation Skills, and thereby of her Business, too.
A PRIMER ON MOTIONS: -- MOTIONS ARE REQUESTS FOR AN ORDER
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Pre-Trial Motions, Descriptions of the Most-Common Types of
*******************************************************
Motion for a More Definitive Statement: -- A Request to Compel the Plaintiff to re-Write a vague Complaint in clearer terms. --- (FR Civ P Rules 12(e) & 15.)
Motion to Dismiss: -- A Request to Dismiss a case, often based on insufficient-Evidence or Procedural Violations. --- (FR Civ P Rule 12(b).)
Motion to Compel Discovery: -- A Request to Compel the Opposing Party to Disclose relevant Information or Evidence. --- (FR Civ P Rule 37.)
Motion to Strike: -- A Request to Remove either Claims or Defenses from the Case. --- (FR Civ P Rule 12(f).)
Motion in-Limine: -- A Request to Exclude, Include or Limit the introduction of specific Evidence or Testimony at Trial. --- (FRE Rule 403 & FR Civ P Rule 37.)
Motions in-Limine include Motions to Admit or Bar Evidence of either Party’s Sexual History. --- (FRE Rules 412 & 415.)
Motion for Summary Judgment: -- A Request for the Court to make a Final Decision before Trial, asserting that there is NO Genuine Dispute about any Material Fact, and that the Movant is entitled to Judgment as a Matter of Law. --- NO Trial is held if MSJ is Granted. --- Daddy of ALL Motions. --- (FR Civ P Rule 56.)
Motion for Continuance: -- A Request to Postpone a Court Hearing or Trial, or when a Responsive Paper or Discovery Disclosure is due. --- (FR Civ P Rule 6(b).)
Motion for Sanctions: -- A Request for Punishment of a Party who Breaks one of the Rules or Orders of the Court. --- (FR Civ P Rule 11(c).)
Trial Motions
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Motion for Directed Verdict/Dismissal: -- Asking the Court to Dismiss the Case during Trial, after the Plaintiff has presented their Case, due to Plaintiff not having introduced sufficient-Evidence to Prove Plaintiff’s Case. --- Also known as Judgment as a Matter of Law. --- (FR Civ P Rule 50(a).)
Post-Trial Motions
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Motion for Judgment as a Matter of Law (JMOL): -- A Request to overturn the Jury's Verdict where the Movant believes the Evidence doesn't Support it. --- (FR Civ P Rule 50(b).)
Motion for New Trial: -- Challenges a Verdict due to Legal Errors or newly-Discovered Evidence. --- (FR Civ P Rules 50(c) & 59.)
Motion to Vacate Default Judgment: -- A Request to Vacate a Default Judgment. --- (FR Civ P Rules 55 & 60(b).)
Motion for Relief from Previous Judgment: -- This Motion seeks to Vacate or Modify a Judgment based on specific Grounds, such as: -- Mistake, Fraud, Excusable Neglect or newly-Discovered Evidence, etc. --- (FR Civ P Rule 60.)
FULL-RANGE LITIGATION-SUPPORT, FOR CONSUMERS AND ATTORNEYS ALIKE
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I Provide all of the Services required to Prepare for, File and Pursue, or Defend, any Litigation.
I mostly-Serve Pro Se Litigants, but occasionally I help an Attorney or an Attorney-represented Litigant. --- You are mostly Welcome to Instruct me how to do my Work, except as to Thoroughness or Comprehensiveness.
Pre-Litigation Planning
*******************
If you are worried about Evidence disappearing unless you Collect it before it gets a chance to, then you certainly should collect that Evidence.
There are other benefits from creating a full Litigation Plan, but this step is not required, only advisable.
Pleadings Commence Litigation: -- The Summons and Complaint, Answers and even Replies
****************************************************************************
Pleadings are the means by which Litigation is Commenced. --- Usually this is by way of Summons and Complaint, but it can also be by Notice of Petition and Petition.
Answers are required in all matters, or else you Default in your own Defense, and can expect to have a Default Judgment entered against you.
Replies are essentially Answers Served and Filed by the Plaintiff in Reply to Counterclaims or Cross-Claims stated in the Defendant's Answer.
Motions
*******
Motions are requests for an Order.
One of the most important types of Motions is the Motion for Summary Judgment. --- Motions for Summary Judgment are the primary means of ending Litigation without Trial, and sometimes even without Discovery.
Some other types of Motions are for:
--------------------------- Vacating of Default Judgments;
--------------------------- Relief from Prior Orders or Judgments;
--------------------------- To Enforce Litigant's Rights (to Visitation, for Example);
--------------------------- for Dismissal;
--------------------------- Changes of Venue;
--------------------------- in Limine (to either limit, or ensure, the Evidence admissible at Trial);
--------------------------- Recusal or Disqualification of Counsel or Judge;
--------------------------- To Strike Defenses or Answers;
-------------------------- To Overturn Verdicts Rendered by Juries (for a Directed Verdict);
-------------------------- For Reconsideration of a Prior Judicial Decision;
-------------------------- For Designation as a Poor Person for Purpose of Judicial Fees and Costs;
-------------------------- For Summary Judgment (Yes, I'm Being Redundant Here, but this one is
--------------------------- that important);
-------------------------- This List is Just off the Top of my Head, There are More!
Discovery
*********
Discovery is the Process whereby all of the Evidence is Produced and Examined in order to measure it against the various standards for, first, a Motion for Summary Judgment, and then to win at Trial.
There are basically three (3) types of Discovery:
------------------------------------------------------- Demands for Documents, Records and other things;
------------------------------------------------------- Written Questions
-------------------------------------------------------- (formally-known-as "Interrogatories"); and
------------------------------------------------------- Verbal Questioning In Person
-------------------------------------------------------- (f-k-a "Deposition under Oral Examination").
Trial Preparation: The Trial Memorandum
**********************************
The most essential document of Trial Preparation is the Trial Memorandum. --- The Trial Memorandum follows a prescribed format and describes all of the legal points that the Plaintiff must prove, the evidence to be offered to attempt to prove each factual allegation and the legal arguments supporting its admissibility and probity.
Post-Trial
********
Before Appealing, you may well wish to ask the Trial Court for Orders granting Reconsideration of a previous Judicial Decision, or to overturn a Jury Verdict.
Appeals
*******
Every Litigant is entitled to one Appeal under the Due Process Clauses of the Fifth and Fourteenth Amendments to the Constitution of the United States, and under similar clauses of the several State Constitutions.
In the State of New York, this Court is known as the Appellate Division. --- All Litigants have a right to their initial Appeal, as of right, to the Appellate Division.
Appeals to the NYS Court of Appeals (in Albany) are not guaranteed to be accepted by the Court.
Please Note that the Hourly Rate for All Appellate Work Assignments is $124.50 // Hour. --- All other Terms and Conditions are the same, including the 11-for-10 Offer.
HOURLY-RATE FOR ALL CONTESTED MATTERS
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For purposes of Pricing, my Services are divided into two separate Categories: Premium and Non-Premium. Premium Work is defined as ALL: -- Administrative, Appellate, Criminal, Intellectual-Property and Legal Malpractice Work. --- Non-Premium Work is defined as everything else.
For ALL Premium Work: -- Administrative, Appellate, Criminal, Intellectual-Property and Legal Malpractice Work, the Hourly Rate is $124.50 // Hour. --- After 10 Hours, the Rate drops to $113.18 // Hr. (= $1245 // 11), as per the 11-for-10 Offer.
For ALL Work OTHER THAN: -- Administrative, Appellate, Criminal, Intellectual-Property and Legal Malpractice Work, the Hourly-Rate is $99.50//Hour. --- For Customers who purchase and use 10 or more hours of Work, in total, I offer a 10% Time Bonus, or 11 hours for the price of 10 (= $995 // 11, or $90.45//Hr.).
Terms and Conditions of Hourly-Rate Work-Assignments
***********************************************
All Work is pre-Paid. --- NO Work is performed Prior to Payment.
All Payments Purchase a specific number of Hours of Time, which Amount of Time is equal to the Amount Paid divided by the Applicable Rate.
There is no conversion of Hourly-Rate Work Assignments into Fixed-Price Projects.
Should you decide that you are so unhappy with my Services that you want to Sue me for providing inferior or insufficient Services, then you Agree to Sue me only for the amount of money that you have Paid to me for Services. --- Further, you Agree to Venue in the Court of Competent Jurisdiction in the County of Rockland, State of New York, for any such Suit.
Payment Terms and Conditions: -- Secure Payments Only
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I only Accept permanently Non-Reversible Forms of Payment, to wit: -- Cash, Check, Money Order, Direct Deposit or else Western Union or MoneyGram. --- I expect to shortly have access to the Stripe Payment Service.
Credit Cards – and ALL Credit Card-equivalents (e.g.- Venmo and PayPal) are Expressly NOT Accepted for Payment. --- Ever. --- Credit Card Issuers now routinely DENY Payments where Services have been properly rendered. --- And now, up-to and even more-than a Full Year after the Services were performed.
Credit Cards are not a Reliable Form of Payment for Legal Services, in my Experience.
If you are uncomfortable Paying me in a Secure Fashion – FOR ME – then we are unlikely to be able to Work together. --- I Regret that, but I Accept-it, also.
Reasons for Hourly-Rate Terms and Conditions
***************************************
Legal Services are among the most perishable of all of the goods and services that make up our Gross Domestic Product (GDP).
That is because they are of enormous value to persons who need them, before they are performed and delivered, whereupon they shrink in value to nothing once they are delivered. --- Once someone takes possession of my Legal Research or Legal Writing, the performing of that Work is no longer worth paying for, for the very simple reason that they already own it. --- One does not Pay-for things that one already Owns, at least in my experience.
This is why Payment is required before any Work is performed
The reason for the Rule Against Conversion of Hourly Rate Assignments to Fixed-Price Jobs is because during the Litigation Process many new Facts can be discovered, new Laws or Regulations can be found to apply to the Facts at hand, or new Theories of the Case devised or apprehended. --- Since each-and-all of these avenues require additional Legal Research and // or Writing, that Work has to be Paid-for, and so all Work Assignments for Contested Matters are always Priced in terms of an Hourly Rate.
Work Process for Hourly-Rate Work-Assignments
*****************************************
I Deliver all of my Work within a day or so of my performing it. --- I send Billing Messages within a day or so of performing all Work, and the Billing Messages have the Work performed either contained within the Message or else Attached thereto.
To start off, usually the first task is Document Review. --- Here, after I give your Documents a good read-through (or two), I will send you a message with my summary of what I have read.
Next comes the Legal Research. --- Research results come in two ways. --- First, there are electronic Files, usually MS Word or Adobe Acrobat PDF files, and since these Files are usually small, I attach them to the message. --- Some Research Material is collected from Books, and that Material has to then be Scanned, and Scan Files are usually large, so they are Delivered to you via G-Mail's Drive feature.
Finally comes the Legal Writing. --- This is what the vast majority of Customers are interested in (understandably so), and it is where I really shine. --- I love to Write Legal Documents. --- (Yes, that does sound weird to say that out-loud.) --- Legal Writing is always done in MS Word, and so those Files are always small and are thus Attached to the Billing Message.
Recently, I have realized that many Customers would prefer to see some Writing production ASAP, so I have been considering altering my usual Work-flow so that I Write the Narrative Statement first, even before I have performed the required Research. --- This change does not in any way alter the total amount of time that I spend on any task, but rather it re-orders the work so that you, my Customer, get some Writing product ASAP.
Finally, my process is Research-intense, or Research-heavy. --- Not a few Customers object, with some openly stating that they want only to pay for the Writing, but not the Research. --- This request, of course, is impossible to Grant. --- (I won't lie to you that I don't much like getting this request, seeing it as a veiled request for an additional discount, which I don't give to anyone.)
FIXED-PRICE SERVICES
**********************
For some folks who need Legal Services that can be estimated with some certainty, I offer Fixed-Prices.
Fixed-Price Services (Prices Do Not Include the Required Filing Fees)
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$895 --- *** Un-Contested Divorce ---------- Add $150 for Financial Disclosure (only if necessary), and if you are rich enough to need a Net Worth Statement (few people are), then that is billed at my Hourly Rate.
$895 --- *** LLC or Corporate Formation ---------- Complete Service, including:
(a) Preparation and Filing of Articles of Organization or Incorporation;
(b) Preparation and Execution of Operating Agreement or By-Laws;
(c) Filing Form SS-4 with the IRS for your Tax I.D. Number (formally known as a Federal Employer Identification Number (FEIN));
(d) Tax Registration with the NJ Department of the Treasury; and
(e) Preparation and Filing of IRS Form 2553, to obtain S-Corp status, which allows you to avoid paying the Self-Employment Tax of 15.3% of reported profits.
$895 --- *** Preparation and Recordation of Deed ---------- Friendly Transfers Only (If you are giving a House to your Son or Daughter, or putting it into an LLC or Living Trust, etc.). --- [If you are Purchasing from a stranger, please use a Real Estate Attorney.]
$895 --- *** Eviction ---------- All of the documents needed to put someone out of your House, including the Notice to Quit, Petition and Notice of Petition and Affidavits of Service.
$745 --- *** Will Package ----------- A Will is still essential to give you complete Control over your Estate. --- Included in the Will Package is: (a) the Will; (b) A Power of Attorney; (c) The Advanced Medical Directive, which is also known as a Living Will; and (d) Health Care Proxy, which Designates someone to Make Decisions for you when you are unable to do so.
$1495 --- *** Irrevocable Living Trust ----------Irrevocable Living Trusts are the State-of-the-Art in Asset Protection. --- They Protect against both Judgment Creditors (people who might win a Lawsuit against you) and against Medicaid Depletion (which is when someone has to Enter a Nursing Home or other Assisted Living, which Medicaid requires you to spend-down your own Assets to near-Zero before they will pay).
Closing
*******
I have listed this Primer on Motions and this Detailed Summary of the Litigation Process to let you know that I know what I am talking about when it comes to Litigation and to help you understand what it involves.
I am experienced in each and all of these areas of the Litigation Process, and I promise to give you my very best effort to obtain success in your matter.
Thank you very much for your consideration.
Lawyers-Suck Paralegal-Service
John Sovak, Owner
Suffern, NY 10901
(201) 934-3306
[Owner@LQPS.pro]