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Sort on on this topic, are there any professional or legal restrictions on how a lawyer can take payment? For instance, a lawyer does a bunch of work for a client. The client is late paying several bills and then says that they don't have any cash available - but they offer to pay in either assets or services (maybe they run a cleaning business and offer to provide cleaning for the office/lawyer's home equivalent to the amount owed). Is it fine as long as both sides agree to the change in payment, or is there some sort of limitation involved similar to gifts? Edit: My only context for this is that Matt Murdock used to get paid in things like chickens and sausages, but I am pretty sure no one at Marvel ever bothered to check if that was ok.
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Jul 27, 2012 16:25
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Alchenar posted:Your stuff is gone and never coming back. Chalk it up as a $200 life lesson in being more careful with your property. Yeah, I've more or less accepted the fact that my stuff is gone. I just got to thinking once I started surfing craigslist for my stuff. And the faceplate goes to an aftermarket head unit. I already asked Crutchfield (where I bought it) about it and they said "sorry, talk to Kenwood." No big deal if I have to buy another faceplate. Just sets me back another 30 bucks. e: I just wanted to know what to expect when I tell the police about what I was doing on some dirt road 30 minutes away from where I live. Like I said, another neighbor wasn't happy with all the cars driving down the road that night and the cops were very close to busting the party that night. I guess I can just say I was looking for my friend's house and that anything beyond that is none of their business/not something they are going to ask about? On the topic of the redneck, I kind of wonder if he has anything to hide up there... There was a trailer at the top of the hill with no other vehicles around. Meth lab?? TheFrailNinja fucked around with this message at 16:48 on Jul 27, 2012 |
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Jul 27, 2012 16:43
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^^^^^ e:For heaven's sake, tell them you were going to the party. Don't lie to the police, especially if you want them to do something. Some country folks have crap all over the place. That doesn't mean it's an instrumentality of a crime. Maybe that was mother-in-law's trailer. Maybe it's a meth lab. Maybe it's a House of 1000 Corpses torture room. Maybe he got a good deal on it when Doug down the road go a new double-wide and he's going to put his rabbits in there. 99 times out of 100 it won't be an illegal use. ee: If you're going to lie about why you were there and make up poo poo about the guy with the gun, it will probably be better if you didn't contact the police. Ashcans posted:Sort on on this topic, are there any professional or legal restrictions on how a lawyer can take payment? Don't take a murder weapon as payment if the case hasn't been resolved yet. Other than that, private attorneys I know have accepted cars, mororcycles, Rolexes, guns, new roofs/decks, and real estate as payment. See generally Rule 1.8 joat mon fucked around with this message at 17:33 on Jul 27, 2012 |
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Jul 27, 2012 17:16
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Ashcans posted:Sort on on this topic, are there any professional or legal restrictions on how a lawyer can take payment? For instance, a lawyer does a bunch of work for a client. The client is late paying several bills and then says that they don't have any cash available - but they offer to pay in either assets or services (maybe they run a cleaning business and offer to provide cleaning for the office/lawyer's home equivalent to the amount owed). Is it fine as long as both sides agree to the change in payment, or is there some sort of limitation involved similar to gifts? Attorneys can barter/trade for their services. I know a dinosaur attorney who once accepted a bunch of oriental rugs as payment from a client (who was a rug dealer). edit: pretty sure that sex can't be part of the barter/trade exchange. Or contraband.
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Jul 27, 2012 17:18
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entris posted:Attorneys can barter/trade for their services. I know a dinosaur attorney who once accepted a bunch of oriental rugs as payment from a client (who was a rug dealer). I've bartered legal services for marketing and web design before. Which reminds me, I need to figure out the tax implications of that transaction. quote:edit: pretty sure that sex can't be part of the barter/trade exchange. Or contraband. In my jurisdiction, a lawyer can't be nailing a client, unless s/he was nailing the client before formation of the attorney-client relationship. Which really sucks, because I have a smoking-hot client who's been OKCupid-stalking me, and I don't anticipate wrapping up her case any time soon.
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Jul 27, 2012 17:41
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Macunaima posted:I've bartered legal services for marketing and web design before. Which reminds me, I need to figure out the tax implications of that transaction. I've had a client try to pay in vag-dollars already. No thank you, Ms. Meth-head.
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Jul 27, 2012 18:02
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Michigan had an attorney who got grieved for telling (if I remember the story right) two different female clients it was okay they couldn't pay, because they could work it out on "the couch of restitution." (180 day suspension.)
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Jul 27, 2012 19:41
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I can't seem to pin down the DA's number for cumberland county, IL. I don't know if I'm not searching for the right thing or not looking in the right place, but the only number I've been able to track down so far is the state's attorney number. Can anyone help me find a phone number? E: I found a number, but it's the same name as the state's attorney that I found earlier. EE: I'm just going to have her call the county courthouse and see if they can't give her some more information, I guess. EEE: The fire marshal has decided he can't determine whether or not it was arson. The emergency order of protection is now effective until late August, so no hope of getting a recording of him confessing to it until then. The worthless police are clearly not going to be doing anything before then. I told her to get a new phone and turn the current one over to someone for evidence, preferably a competent attorney, since she thinks she has enough evidence on there to build a strong case against him just with the messages. I dunno, I feel like this is all losing steam and I can't stand the idea of her saying "ahh forget about it" and letting him get off the hook just because nobody wants to get anything done. That's the state attorney that I found, but I'll double check to make sure that isn't who she's already talking to. Thanks for the help in any case. VVVVV Redfont fucked around with this message at 20:27 on Jul 27, 2012 |
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Jul 27, 2012 20:12
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Redfont posted:I can't seem to pin down the DA's number for cumberland county, IL. I don't know if I'm not searching for the right thing or not looking in the right place, but the only number I've been able to track down so far is the state's attorney number. Can anyone help me find a phone number? Barry Schaefer, Esq. 217.849.2311.
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Jul 27, 2012 20:20
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Macunaima posted:In my jurisdiction, a lawyer can't be nailing a client, unless s/he was nailing the client before formation of the attorney-client relationship. Which really sucks, because I have a smoking-hot client who's been OKCupid-stalking me, and I don't anticipate wrapping up her case any time soon. Just call it "appraising the value of her marital comfort"...
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Jul 27, 2012 20:25
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Ashcans posted:Sort on on this topic, are there any professional or legal restrictions on how a lawyer can take payment? For instance, a lawyer does a bunch of work for a client. The client is late paying several bills and then says that they don't have any cash available - but they offer to pay in either assets or services (maybe they run a cleaning business and offer to provide cleaning for the office/lawyer's home equivalent to the amount owed). Is it fine as long as both sides agree to the change in payment, or is there some sort of limitation involved similar to gifts? I vaguely recall that there can be ethical concerns if the lawyer accepts certain kinds of payment from the client such as partial ownership of the client's business (if the business itself is the client) but getting paid in barter is usually fine. A firm I used to work at that represented (among others) certain pro sports players had a partner who regularly would demand a game-worn warmup jacket as part of his fee.
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Jul 27, 2012 20:30
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I think there are ethical concerns with certain liens on a client's property, that would result in adversity between the attorney and client.
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Jul 27, 2012 20:35
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woozle wuzzle posted:Just call it "appraising the value of her marital comfort"... A consortium consultation.
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Jul 27, 2012 21:04
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Alchenar posted:In other words, 'self-help' is not the same thing as 'helping yourself'. Yeah, in retrospect I wasn't very clear with what I wrote. I meant to refer to collecting payment against the debtor's will. Sending out the sheriff. Edit: In retrospect, I think what threw me was the statement that "it's much harder to actually get a garnishment if they don't have an actual judgment." Where I am, at least, a judgment would be a prerequisite to garnishing a debtor.
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Jul 28, 2012 02:33
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joat mon posted:A consortium consultation. My favourite remains the consortium claim on a TMJ injury. Such an awkward line of questioning.
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Jul 28, 2012 02:36
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Macunaima posted:I've bartered legal services for marketing and web design before. Which reminds me, I need to figure out the tax implications of that transaction. Finally something I can help with! You have taxable income in the year the services were exchanged equal to the fair market value of the services you received. Sounds simple, but what is the FMV of web design or marketing? If you're lucky, your clients regularly provide such services to third parties and have prices you can use to figure out your income. If not, you may need to look at other web design services in your area to determine a market rate. If your legal services are regularly provided at a set price, the value of services received may be presumed to be equal to your price. See 26 CFR 61-2(d) for more info. The most important thing is to make a good faith effort and to document everything (although the chances of audit are pretty slim). You should also file a 1099MISC to report the transactions (informational return used by the IRS to make the other party pay taxes). You probably already knew all this, but tax issues rarely come up in this thread!
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Jul 28, 2012 05:01
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Schitzo posted:Edit: In retrospect, I think what threw me was the statement that "it's much harder to actually get a garnishment if they don't have an actual judgment." Where I am, at least, a judgment would be a prerequisite to garnishing a debtor. Yeah, I was pretty imprecise there as well. A judgment is almost always a prerequisite to garnishment, but in my jurisdiction pre-judgment garnishment is available if you meet pretty stringent requirements. For most purposes, you're correct.
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Jul 28, 2012 06:53
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entris posted:edit: pretty sure that sex can't be part of the barter/trade exchange. What if the client is a legal prostitute in Nevada?
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Jul 28, 2012 08:17
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Konstantin posted:What if the client is a legal prostitute in Nevada? Represent the whorehouse and not the prostitute and you're good. ""NV RPC 1.8 posted:(j) A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced. This paragraph does not apply when the client is an organization. joat mon fucked around with this message at 15:58 on Jul 28, 2012 |
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Jul 28, 2012 15:53
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joat mon posted:Represent the whorehouse and not the prostitute and you're good. Well there goes my dream of sleeping with Habitat for Humanity or Doctors without Borders 
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Jul 28, 2012 17:51
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I live in Ohio. I'm living with my parents due to an extensive bout with unemployment; I recently got a job, but I can't afford to move out until I manage to pay off at least one major debt (my car being the most likely one). My sister also lives with my parents, with her four children. I'll spare you a lot of details on this, except to say that she's attending school to become a nurse or a radiologist or whatever her latest goal is. Now, I had an issue with her oldest child, said something on Facebook to vent, and it got back to her. This has set her off where she's told her kids not to associate with me, and her behavior towards me (which is usually bad enough) has deteriorated. Here's where I need help: based on her previous behavior, when she's gotten like this, she's tried to build it into a physical confrontation. Last year she did precisely this, and it wound up where she became physical, I stupidly retaliated, and then stopped immediately when I realized that the police would likely side with poor single mother with two kids who were watching. She, however, continued by throwing things, screaming insults, spitting in my face, and shoving me. She is now at the point where she's muttering or, when nobody else is in earshot, simply saying insults. She builds this to a point where I inevitably say something back and she flies off the handle and attacks me. I don't want to get to that point this time. What are my rights? Do I have to wait until she attacks me again?
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Jul 28, 2012 20:45
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daveincognito posted:I live in Ohio. I'm living with my parents due to an extensive bout with unemployment; I recently got a job, but I can't afford to move out until I manage to pay off at least one major debt (my car being the most likely one). Have you thought about telling your parents and getting her grounded?
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Jul 29, 2012 01:46
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Queen Elizatits posted:Have you thought about telling your parents and getting her grounded? I know this sounds like something that belongs in E/N Bullshit, but I'm serious about wanting to avoid a physical confrontation with somebody who has a history of becoming physical.
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Jul 29, 2012 02:51
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daveincognito posted:I know this sounds like something that belongs in E/N Bullshit, but I'm serious about wanting to avoid a physical confrontation with somebody who has a history of becoming physical. I signed a lease with a guy in college who turned out to be a total nut job. We didn't talk for about 3 months, save for pleasantries and bill division, and when the lease was up we parted ways. It's not the end of the world to just play nice, and a situation that could have really blown up was instead totally avoided.
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Jul 29, 2012 05:52
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daveincognito posted:I know this sounds like something that belongs in E/N Bullshit, but I'm serious about wanting to avoid a physical confrontation with somebody who has a history of becoming physical. The only answers are E/N. The legal answer is if you look at her funny, tough luck when the police show up. The only way to avoid the physical confrontation is to avoid it. By like not having it. That could mean moving out, or ... simply not fighting back. The good news is that when you're arrested and can't make the bail, at least yer out of the house 
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Jul 29, 2012 06:02
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Yeah, the only suggestion I can come up with is lots of video cameras.
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Jul 29, 2012 17:17
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So I've got a question of sorts and I believe this is the places to post it. Me and several of my friends were up in Pennsylvania visiting some other friends (we're from Oklahoma). While there we were trespassing in a country club to swim in the pool (dumb, I know). This is when the cops discovered us and decided to waive a bunch of felony charges they claimed we had accrued for doing this heinous act; they gave us a citation for disorderly conduct and said it would be a $300 fine. The wording of the mail I got, as I'm back in Oklahoma, makes it seem as though I have to appear in court since there is no total amount due written anywhere. It's not on the actual citation or the letter. Plus they spelled my name wrong. I'll be calling them tomorrow either way to see what's happening but I figured I'd post it here in case there's something I should know or if anyone has advice. Edit: Forgot to throw in that there is a money notation of $23.50 next to a marked out $10.00, although I figured that was taxes or something. Nushergrudger fucked around with this message at 02:06 on Jul 30, 2012 |
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Jul 29, 2012 23:58
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My girlfriend and I live in Melbourne, Australia. She had a 2010 Macbook Pro that had issues with freezing occasionally. She took it to the Apple Store, and they couldn't find a fault with it, and gave her a form that said they could not replicate the fault. She sold it to an Apple Reseller for $600 because she was sick of it freezing. Her first email to them said what I just said before - that the macbook was freezing occasionally and that Apple had said they could not find a fault with it. She was paid in cash, no receipts were given, and they kept us waiting for a couple of hours while they tested the laptop. That was a couple of weeks ago. The guy has just now sent her an email saying that the macbook has a fault with the graphic chip. I suspect he's going to try to get us to give the money back. He's got no legal leg to stand on, right?
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Jul 30, 2012 05:45
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AlphaDog posted:My girlfriend and I live in Melbourne, Australia. Unless your girlfriend signed something that gives them a return period, nope. She disclosed, they paid and took possession of the merchandise. At that point the transaction is legally finished and there's no backsies.
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Jul 30, 2012 15:09
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Added Space posted:Unless your girlfriend signed something that gives them a return period, nope. She disclosed, they paid and took possession of the merchandise. At that point the transaction is legally finished and there's no backsies. Not to mention the op makes it sound like they put the reseller on notice about the freezing and apple's inability to duplicate in writing via email.
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Jul 30, 2012 17:00
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Yeah, the original email from her to the shop said that the laptop was freezing and that Apple couldn't duplicate the fault. We waited 2 hours while they tested the laptop before handing over the cash. Nothing was signed and nothing else changed hands. We have the document from the Apple Store here - it says "Could not replicate fault". The guy didn't ask to see it, although we had it with us on the day. His contention is that "there's a world of difference" between what she said and what's actually wrong with the laptop. This despite the fact that she also said in writing that she was sick of the problems with it and was getting a PC which I would know how to fix (since I know gently caress all about macs), and the fact that he tested it in his store before handing over the money. I already told her to ignore everything he sends. She just needs reenforcement on that. Elector_Nerdlingen fucked around with this message at 17:32 on Jul 30, 2012 |
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Jul 30, 2012 17:29
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So she communicated that the laptop was freezing, both verbally and in writing, and the repair shop spent several hours testing it before it finalized the sale? gently caress 'em. When they accepted the laptop after the testing, and after prior disclosure of the potential issue, they accepted any risk that it would turn out to be a dud or whatever. You don't get to cancel a sale after you had notice of an existing problem AND a chance to investigate it. edit: If they have a problem with this sale, then they should have done better testing OR declined the sale.
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Jul 30, 2012 17:38
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He's a professional reseller, she's a layman. What she says is irrelevant next to his capacity to determine the worth of the product himself.
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Jul 30, 2012 17:45
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joat mon posted:^^^^^ I finally called the state police today and the guy sounded kind of annoyed and asked why I waited two weeks to call. I told him I was just mulling it over and wasn't sure if it was worth the call. He took down my information and said somebody would get in touch with me.
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Jul 30, 2012 18:45
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TheFrailNinja posted:I finally called the state police today and the guy sounded kind of annoyed and asked why I waited two weeks to call. I told him I was just mulling it over and wasn't sure if it was worth the call. He took down my information and said somebody would get in touch with me. You are the reason police hate the public.
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Jul 30, 2012 19:07
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Alchenar posted:He's a professional reseller, she's a layman. What she says is irrelevant next to his capacity to determine the worth of the product himself. This. You're not required to be an expert to sell something, you just can't deliberately lie or mislead someone.
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Jul 30, 2012 19:24
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Question about tenant laws in California, specifically San Mateo County: I am on a lease with my sort-of-ex boyfriend. We rented the house in early 2009, and the lease became month-to-month in April 2010. I moved out in June. I was told by the landlord/owner that in order for my name to be removed from the lease, a new rental agreement must be drafted or the current resident must vacate. Because of this, my name is still on the contract. It's been suggested that I ask about what my options are in this thread. Are there any options? Am I stuck on the lease until he moves or signs a new one solo?
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Jul 30, 2012 20:00
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guarded by bees posted:Question about tenant laws in California, specifically San Mateo County: While what the landlord told you is technically true, it's just that that's his and your boyfriend's problem, not yours. Assuming you gave notice of your intention to terminate the lease then I'm 99% sure that what happened is that the lease terminated and your sort-of-ex (look, if you are going to write it like that that then there's clearly some backstory you're holding back on which might conceivably change something) needs to sort out a new deal with the landlord.
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Jul 30, 2012 20:41
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Alchenar posted:While what the landlord told you is technically true, it's just that that's his and your boyfriend's problem, not yours. Assuming you gave notice of your intention to terminate the lease then I'm 99% sure that what happened is that the lease terminated and your sort-of-ex (look, if you are going to write it like that that then there's clearly some backstory you're holding back on which might conceivably change something) needs to sort out a new deal with the landlord. Longer version: My ex became physically and emotionally abusive, but I have no proof of it (no restraining order, no police report, no photos). "Sort of ex" is the situation, because of the lease. If I were able to drop myself from the lease and never look back I would have and it would just be "ex". He is very good at getting what he wants and badgering people into agreeing with him, so I need to be careful and have a thorough understanding of what can and can't be done before I speak to him. I want to be sure that I'm being responsible here, getting all of my bases covered. I phoned the landlord in late March 2012 after a physical incident to let her know I was planning on vacating as soon as I was able, and wanted to know if she could drop my name from the lease as well as what the status of the deposit would be. She told me that she couldn't legally do that without the other tenants consent, and that he would need to sign a new rental agreement in order to stay on solo. She also told me that she cannot release my part of the deposit until the lease is either fully terminated or is renewed. If it's renewed, the deposit would carry over to the new lease and I'd need to work out the money issue with the ex. I don't care so much about the money (the 2k would be great, but it was the last thing I worried about). I phoned her again in late April to let her know I was moving in 30 days, but that my partner would be remaining in the home until he finds a new living situation. Everything with her has always been cordial, she knew he could carry the rent on his own so there were no worries about whether or not rent would get paid. Unfortunately, shortly after I moved the ex lost his job which extends his stay in the home and delays any move he may make. I haven't told her this because a) I'm worried it will hurt me somehow if she knows and b) if ex finds out I told her I'm not sure what his reaction will be. The landlord has not contacted the ex because he has been abusive to her verbally, and I was always the contact person for any issues. She has said that she is waiting for him to give notice, and I have promised to keep her abreast of anything I hear. There was some damage to the property, which she knows about. The front yard has been destroyed from negligence, and the landlord has received violation notices from the city about it. Ex punched a hole in a closet door, and didn't repair it. He refused to let her in for a walk-through before I left, and I only had a few days between telling him I was going and actually going, so there were no opportunities to have the landlord in before I left -- ex never left the house.
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Jul 30, 2012 21:37
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Ah, I see. Your landlord spun you a story and you bought it and now you are on a lease for a house you don't live in along with a person with no job. You need to call up and make it very clear that as of this moment (this moment, I'm afraid you can't give notice retrospectively), you are giving notice that you are terminating the lease. This does make life a bit difficult for your ex. But that's okay because you owe him nothing. To be absolutely clear: You cannot modify a lease without the consent of all parties. You can sure as hell terminate a periodic lease anytime you want so long as you comply with the notice requirements. What a periodic lease means is that unless anyone says otherwise, all the parties involved are assumed to be agreeing to renew the lease for another month without the hassle of actually having to fill in paperwork. It does not mean that you are stuck in the lease until your ex says otherwise e: cya disclaimer - this is universal landlord/tenant stuff, can't account for California being a special legal snowflake Alchenar fucked around with this message at 22:27 on Jul 30, 2012 |
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Jul 30, 2012 22:22
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