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J Miracle
Mar 25, 2010
It took 32 years, but I finally figured out push-ups!

joat mon posted:

e.g., http://www.emptywheel.net/2012/03/15/a-primer-on-why-schuelke-report-of-doj-misconduct-is-important/

And there's always the prosecutorial misconduct pyramid:

66% of prosecutorial misconduct is in a grey area where reasonable minds can differ whether it's illegal or 'merely' pushing the boundaries of illegal.
30% of prosecutorial misconduct will be ignored by the courts.
3% of prosecutorial misconduct will be error, but harmless
.8% of prosecutorial misconduct will result in some relief
.1% of prosecutorial misconduct is egregious enough for the appellate court to -gasp- name the prosecutor in its opinion.
.07% of prosecutorial misconduct will result in a case with the bar association
.02% of prosecutorial misconduct will result in a negative finding by the bar
.007% of prosecutorial misconduct will result in termination
.003% of prosecutorial misconduct will result in criminal charges.
0% of prosecutorial misconduct will result in civil recompense. Imbler, Connick

If you are DOJ, multiply all but the first slice of the pyramid by .01

This pyramid, in my experience, sits atop a wide, flat plain of "its not prosecutorial misconduct even though the appellant makes it sound like the prosecutor wiped his rear end with the Constitution then burned it, then you read the transcript." Not that I blame people for trying, but I'm sick of going to the transcript and reading bland closing arguments vainly searching for "improper invitation for the jury to sympathize with the victim" and "arguing facts not in evidence."

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NJ Deac
Apr 6, 2006

AgentSythe posted:

I looked into the USPTO; there appears to be pretty good demand for patent examiners in my field. Does anyone have experience or have a friend with experience of starting at the USPTO then making the jump to either a private firm>law school or to law school?

Based purely on anecdotal evidence, I get the impression that this was more common back in the day than it is now. Quite a few of the more senior partners at IP boutiques I've spoken with got their start as an examiner before they began work at a firm. However, based on the continuing saga of Baruch Obamawitz, this is not as easy as it used to be.

At my firm (midsizish IP boutique), we made an offer to an examiner with a JD a few months back (presumably he didn't accept, though the firm may have rescinded the offer due to uncertainty regarding the client for which we were hiring). The examiner had a U.S. district court clerkship and about a year at the USPTO, but the offer was to bring him on as a first year associate. In other words, no credit for time served at the USPTO or district court.

Still, even though USPTO experience may not translate to more money coming out of law school, it's a good idea to see if you like the type of work you'll be doing - at least you'll get some exposure to the type of work that patent prosecutors do all day.

I would say the best course of action is to get your USPTO experience before or during law school (Georgetown has a decent evening JD program), and then jump ship to a firm immediately after getting your JD if you decide the USPTO is not for you in the long term. This way you get a couple of years of relevant experience in patent law (valuable both for your resume and because patent prosecution is not for everyone), and you won't have to answer any questions about why you didn't join a firm right after graduation.

In the worst case, you stay on at the USPTO and enjoy your 6 figure salary and sweet sweet government benefits forever (Note, you don't even need a JD for this!). Just make sure you have an active social life outside of work because you will mostly be working with autists.

Kalman
Jan 17, 2010

PTO experience pre-law school still seems like a desirable credential - I think it's just the post law school PTO aspect that's made Baruch's experience weird. Also, the refusal to give time credit for a district court clerkship is *weird* - I'm getting time credit for a fellowship, ffs.

But the "go to the PTO and decide if you want to do law school based on that" advice is pretty solid.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo
It's a great idea to see whether you're actually interested in patent law without dropping six figures on law school, plus the pay is good; I made $126k last year, my fourth year.

Omerta
Feb 19, 2007

I thought short arms were good for benching :smith:
Please Blood God, accept my meager offering so I may book Secured Transactions. I promise future sacrifices as well. Blood God, you are the one true God, and along with your son -- the Billable Hour -- I will do your bidding.

An old attorney came up and cursed my secured transactions book as unholy. I hope is not a bad omen.

Soothing Vapors
Mar 26, 2006

Associate Justice Lena "Kegels" Dunham: An uncool thought to have: 'is that guy walking in the dark behind me a rapist? Never mind, he's Asian.

entris posted:

Last night marked the end of an era and the beginning of a new one. My wife complained, for the first time, that "all you care about is billing your hours."

(Nevermind that I set aside Friday night and my entire Saturday as wife+child time, and nevermind that I have set aside an hour each Monday and Wednesday night to go running with her!)

When you need a divorce attorney (I give you 2 yrs max) just hit me up bro, 20% goon discount

p.s. start hiding assets now, if you wait to do it until after she files it's super obvious

edit:

entris posted:

we just moved in with my mother-in-law
hahahaha just saw this post. revising my estimate down to 9 months, tops

Soothing Vapors fucked around with this message at 13:58 on Apr 25, 2012

HiddenReplaced
Apr 21, 2007

Yeah...
it's wanking time.

Soothing Vapors posted:

p.s. start hiding assets now, if you wait to do it until after she files it's super obvious

Someone in here must know the answer to this:

What's the best way to hide assets?

entris
Oct 22, 2008

by Y Kant Ozma Post

Soothing Vapors posted:

When you need a divorce attorney (I give you 2 yrs max) just hit me up bro, 20% goon discount

p.s. start hiding assets now, if you wait to do it until after she files it's super obvious

edit:
hahahaha just saw this post. revising my estimate down to 9 months, tops

Ha ha ha ha. (Don't forget to properly capitalize! Our parents are watching.)

I'm not worried, my wife and I have been married 4.5 years, and together for 10. We've been through a lot worse than me working a lot. I should have been more specific about "end of an era" - in our ten years together, I had a few bouts of unemployment that were pretty rough for us, so her complaining that I'm working too much is kind of amazing.



HiddenReplaced posted:

Someone in here must know the answer to this:

What's the best way to hide assets?

First off, don't buy assets that have to be publicly recorded - real estate, for example, or interests in business entities that are recorded with your state's corporation commission.

Second, buy assets with cash where possible - that way your banking records don't show checks written out or wire transfers out.

Third, title hidden assets in the name of a trust, with the name of the trust preferably being "The Totally-Unrelated-to-Hidden-Replaced Trust". Have a friend be the trustee but you remain the grantor and beneficiary and you retain power to revoke/amend as necessary. I think that this prevents financial accounts from showing up on your credit report.

Fourth, have financial statements or other reports for your hidden assets go to a P.O. box held by a friend, or just to the friend's house.

Hmm but you still have to worry about your tax return. I don't have an easy answer for that. A forensic accountant looking at your available financial info and cross-checking it with your income tax return will notice additional income on the return and will want to know where it came from. I suppose that the trust you set up could only make distributions of principal to you, rather than distributions of income, and that would avoid income tax on the distributions. That could work but there are still wrinkles there.

entris fucked around with this message at 14:23 on Apr 25, 2012

HiddenReplaced
Apr 21, 2007

Yeah...
it's wanking time.

entris posted:

First off, don't buy assets that have to be publicly recorded - real estate, for example, or interests in business entities that are recorded with your state's corporation commission.

Second, buy assets with cash where possible - that way your banking records don't show checks written out or wire transfers out.

Third, title hidden assets in the name of a trust, with the name of the trust preferably being "The Totally-Unrelated-to-Hidden-Replaced Trust". Have a friend be the trustee but you remain the grantor and beneficiary and you retain power to revoke/amend as necessary. I think that this prevents financial accounts from showing up on your credit report.

Fourth, have financial statements or other reports for your hidden assets go to a P.O. box held by a friend, or just to the friend's house.

Hmm but you still have to worry about your tax return. I don't have an easy answer for that. A forensic accountant looking at your available financial info and cross-checking it with your income tax return will notice additional income on the return and will want to know where it came from. I suppose that the trust you set up could only make distributions of principal to you, rather than distributions of income, and that would avoid income tax on the distributions. That could work but there are still wrinkles there.

What if I just took a trip to Vegas once a year and "lost" a lot of money?

Soothing Vapors
Mar 26, 2006

Associate Justice Lena "Kegels" Dunham: An uncool thought to have: 'is that guy walking in the dark behind me a rapist? Never mind, he's Asian.

entris posted:

Ha ha ha ha. (Don't forget to properly capitalize! Our parents are watching.)

I'm not worried, my wife and I have been married 4.5 years, and together for 10. We've been through a lot worse than me working a lot. I should have been more specific about "end of an era" - in our ten years together, I had a few bouts of unemployment that were pretty rough for us, so her complaining that I'm working too much is kind of amazing.
I Kid Because I Love. And Because I'm A Dick. But Mostly The Love. Please No Probation Thanks.

HiddenReplaced posted:

Someone in here must know the answer to this:

What's the best way to hide assets?
Straight cash, homey

HolySwissCheese
Mar 26, 2005

HiddenReplaced posted:

What if I just took a trip to Vegas once a year and "lost" a lot of money?

Wouldn't you report your losses on your tax return for the AGI deduction? Technically you could have forgotten to because it isn't required, but it's hard to say you were sophisticated enough to do all that other poo poo and then forgot to claim your gambling losses.

edit: actually looked it up and you have to win money before you can write off any losses in the same year, so ya go for it.

Roger_Mudd
Jul 18, 2003

Buglord

HiddenReplaced posted:

What if I just took a trip to Vegas once a year and "lost" a lot of money?

And here I thought the mob owned casinos to entertain pensioners.

Edit: speaking of gambling, I have a client who won $7500 after I filed bankruptcy for him but before he received his discharge. The vast majority of that money will go to his creditors. :suicide:

Roger_Mudd fucked around with this message at 16:15 on Apr 25, 2012

Omerta
Feb 19, 2007

I thought short arms were good for benching :smith:

Roger_Mudd posted:

And here I thought the mob owned casinos to entertain pensioners.

Edit: speaking of gambling, I have a client who won $7500 after I filed bankruptcy for him but before he received his discharge. The vast majority of that money will go to his creditors. :suicide:

Tell him to buy 7.5k of lottery ticks or keep trucking til he gets out of debt. That's like the definition of asymmetric risk preference.

Roger_Mudd
Jul 18, 2003

Buglord

Omerta posted:

Tell him to buy 7.5k of lottery ticks or keep trucking til he gets out of debt. That's like the definition of asymmetric risk preference.

Sadly the trustee might have something to say about that.

Dallan Invictus
Oct 11, 2007

The thing about words is that meanings can twist just like a snake, and if you want to find snakes, look for them behind words that have changed their meaning.

Penguins Like Pies posted:

Man. DoJ loves to recycle questions, don't they?

Cost-cutting initiatives!

Johnny Five-Jaces
Jan 21, 2009


Applied to the USPTO opening. Thanks for saving me 100 grand, Something Awful Forum Posters

HiddenReplaced
Apr 21, 2007

Yeah...
it's wanking time.

AgentSythe posted:

Applied to the USPTO opening. Thanks for saving me 100 grand, Something Awful Forum Posters

Remember to toss a quarter in our cup next time you pass us on the street and we're begging for money.

gret
Dec 12, 2005

goggle-eyed freak


With so many goons at the USPTO, is there a secret code word or phrase that we can put in our applications or responses to get an allowance from a goon examiner?

Mons Hubris
Aug 29, 2004

fanci flup :)


I had to turn down an offer from the PTO last week because of some issues with relocation in a very short time frame and then some family stuff that I couldn't resolve in the 2 days they gave me to accept, but it's mostly taken care of now. What are the odds I can get them to give me another look, or at least run me through the process again if they're accepting applications until May 5?

facebook jihad
Dec 18, 2007

by R. Guyovich

AgentSythe posted:

Applied to the USPTO opening. Thanks for saving me 100 grand, Something Awful Forum Posters

Good luck. I accepted an offer and got my final confirmation in an e-mail today. It's a long process (I was in the system for over two months), but considering you've applied much closer to the deadline than I did, your employment process may go faster.

Mons Hubris, I'm not quite sure what to tell you. I'd try calling them if I were you. And I kind of agree. The quick relocation is a pain in the rear end. I'm in South Bend, IN right now, but I'm moving down to see my folks in Mississsippi for a few weeks. I was hoping to get an extension on my start date so I could attend my brother's graduation before moving to DC, but that seems to be a no go. Even though I'm excited about the position, this month is hella stressful for me.

Ersatz
Sep 17, 2005

Mons Hubris posted:

What are the odds I can get them to give me another look, or at least run me through the process again if they're accepting applications until May 5?
I don't know anything about the odds, but you should definitely try. Call them. If the person who picks up the phone is unreasonable, speak to a supervisor.

Zarkov Cortez
Aug 18, 2007

Alas, our kitten class attack ships were no match for their mighty chairs

Penguins Like Pies posted:

Man. DoJ loves to recycle questions, don't they?

Did they tell you that you weren't being held against your will and could leave at any time?

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

crankdatbatman posted:

Good luck. I accepted an offer and got my final confirmation in an e-mail today. It's a long process (I was in the system for over two months), but considering you've applied much closer to the deadline than I did, your employment process may go faster.

Mons Hubris, I'm not quite sure what to tell you. I'd try calling them if I were you. And I kind of agree. The quick relocation is a pain in the rear end. I'm in South Bend, IN right now, but I'm moving down to see my folks in Mississsippi for a few weeks. I was hoping to get an extension on my start date so I could attend my brother's graduation before moving to DC, but that seems to be a no go. Even though I'm excited about the position, this month is hella stressful for me.

My wife started at the PTO two days after our wedding.

Abugadu
Jul 12, 2004

1st Sgt. Matthews and the men have Procured for me a cummerbund from a traveling gypsy, who screeched Victory shall come at a Terrible price. i am Honored.

gret posted:

With so many goons at the USPTO, is there a secret code word or phrase that we can put in our applications or responses to get an allowance from a goon examiner?

Relevant experience: Prepared a provisional utility patent application for a unique composition of stairs in a house.

Agesilaus
Jan 27, 2012

by Y Kant Ozma Post

J Miracle posted:

I'm sick of going to the transcript and reading bland closing arguments vainly searching for "improper invitation for the jury to sympathize with the victim" and "arguing facts not in evidence."

This x1000. There are plenty of terrible lawyers and arguments out there, but criminal defence appellate briefs are a special sort of terrible. I'm not sure what my favourite horrible appellate brief is, but I do recall a really bad brief that was written entirely in the fashion of a Spot the Dog book.

IrritationX
May 5, 2004

Bitch, what you don't know about me I can just about squeeze in the Grand fucking Canyon.
Volunteering as a guardian ad litem. Hoping it will open some doors by convincing people at interviews that I actually do know what the gently caress is going on in a court room and behind the scenes, though my degree (MSLA) should more than effectively communicate that. Still, it's going to be a really rewarding experience, even if it finishes off what little faith in humanity I have left.

Schitzo
Mar 20, 2006

I can't hear it when you talk about John Druce
Random practice tip for Canadian lawyers: if you get suckered into acting as an executor for your client(s), make sure your will expressly delegates that authority to someone in your firm in the event that you are an executor at the time of your death. Otherwise the power goes to your regular executor, and all of a sudden your wife is administering a bunch of random estates. That is a bad thing.

Edit: Or make sure there are at least two executors so that the power vests in the other executor when you die.

Schitzo fucked around with this message at 08:31 on Apr 26, 2012

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Agesilaus posted:

This x1000. There are plenty of terrible lawyers and arguments out there, but criminal defence appellate briefs are a special sort of terrible. I'm not sure what my favourite horrible appellate brief is, but I do recall a really bad brief that was written entirely in the fashion of a Spot the Dog book.

The see no error, hear no error, speak of no error monkey that is an appellate court is not capable of understanding anything beyond 'Spot the Dog.' If you've got anything more complex, you will lose.

[seriouspost] Because of the expansion of harmless error analysis, you're simply not going to get relief if you 'only' have the law on your side. You've got to convince the court, from a subjective/emotional point of view, why your client should win. At least this part needs to be in a 'Spot the Dog' format [/seriouspost]

And the State's answer brief:
1. waived
2. if not waived, not error
3. a. within the court's discretion, or
b. not error (if de novo)
4. if error, harmless
Ain't exactly Umberto Eco.

HiddenReplaced
Apr 21, 2007

Yeah...
it's wanking time.
PLC's reps are much hotter than Westlaw/Lexis' reps.

entris
Oct 22, 2008

by Y Kant Ozma Post

Schitzo posted:

Random practice tip for Canadian lawyers: if you get suckered into acting as an executor for your client(s), make sure your will expressly delegates that authority to someone in your firm in the event that you are an executor at the time of your death. Otherwise the power goes to your regular executor, and all of a sudden your wife is administering a bunch of random estates. That is a bad thing.

Edit: Or make sure there are at least two executors so that the power vests in the other executor when you die.

Wow. I don't know for certain, but in the majority of the US we did away with this issue.

sigmachiev
Dec 31, 2007

Fighting blood excels

Schitzo posted:

Random practice tip for Canadian lawyers:

What can you tell me about private practice in Vancouver? Worth a look? I fuckin love that city. Would be an American with BigLaw experience trying to lateral to a similar firm with a shop there.

entris
Oct 22, 2008

by Y Kant Ozma Post
Budding tax law goons:

http://taxprof.typepad.com/taxprof_blog/2012/04/20-tax-editors.html

quote:

Thomson Reuters is seeking to hire 20 tax editors based in New York City who would be paid $50 per hour under a four month contract. At the end of the four-month period, the contract could be extended, terminated, or result in an offer for a full time salaried position. Although the potential to work remotely may soon be an option, in the short term the managing editors are asking for candidates who can work out of their Manhattan office.

quote:

Critical requirements: J.D. (LL.M. in taxation is a plus) and/or CPA, plus at least 3 years of significant recent tax research, transaction, and/or planning experience. Strong writing ability in English; able to add sophisticated editorial insight; work quickly and accurately under pressure.

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider
Apparently a lot of the major trial lawyers in town get together once a month to play Call of Duty Modern Warfare 3 in a giant lan party.

Is the proper etiquette to crush them or not to crush them?

tau
Mar 20, 2003

Sigillum Universitatis Kansiensis

CaptainScraps posted:

Apparently a lot of the major trial lawyers in town get together once a month to play Call of Duty Modern Warfare 3 in a giant lan party.

Is the proper etiquette to crush them or not to crush them?

It's like your first day in prison. You gotta shank someone.

Angry Grimace
Jul 29, 2010

ACTUALLY IT IS VERY GOOD THAT THE SHOW IS BAD AND ANYONE WHO DOESN'T REALIZE WHY THAT'S GOOD IS AN IDIOT. JUST ENJOY THE BAD SHOW INSTEAD OF THINKING.

Roger_Mudd posted:

And here I thought the mob owned casinos to entertain pensioners.

Edit: speaking of gambling, I have a client who won $7500 after I filed bankruptcy for him but before he received his discharge. The vast majority of that money will go to his creditors. :suicide:

Roger_Mudd posted:

Sadly the trustee might have something to say about that.

Isn't that post-petition earnings? Total bankruptcy noob, but my Bankruptcy professor told me specifically if you go out and buy lottery tickets or gamble after you file the petition, it's considered un-reachable post-petition earnings?

HolySwissCheese
Mar 26, 2005
A guy in a lobster costume barged into my wills and estates class and proposed to his girlfriend. Don't go, no jobs, die in the arms of a lobsterman



Note: the person next to me in class was on FB at the time

woozle wuzzle
Mar 10, 2012
If you have a financial windfall within 180 days of filing, it's part of the bankruptcy. If grandma dies or you win megamillions on day 181, it's all free and clear. But if that happens on day 179, the creditors get the first shot at it. Work bonuses, raises, and that sort of thing don't count. It's typically winning prizes, inheritance, or divorce settlements that counts as a financial windfall. That's how it works now, it may have been different before 2005.

MaximumBob
Jan 15, 2006

You're moving who to the bullpen?

HolySwissCheese posted:

A guy in a lobster costume barged into my wills and estates class and proposed to his girlfriend. Don't go, no jobs, die in the arms of a lobsterman



Note: the person next to me in class was on FB at the time

Had you researched Thermic Lances before you encountered the Lobster Man? Or did you at least have a Thermal Tazer? Nothing worse than having to abort an early mission because of an unexpected lobster man you can't kill.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

HolySwissCheese posted:

A guy in a lobster costume barged into my wills and estates class and proposed to his girlfriend. Don't go, no jobs, die in the arms of a lobsterman



Note: the person next to me in class was on FB at the time
Yes, that's the person next to you, we believe you.

Thinkpad T series, the only good thing about law school is they tend to give you those.

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Solid Lizzie
Sep 26, 2011

Forbes or GTFO
Do you know what the significance of the lobster costume was?

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