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blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

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spacetoaster
Feb 10, 2014


Here's you a lol.

https://www.youtube.com/watch?v=8XXE_gjje7A

lord1234
Oct 1, 2008
What responsibilities does a lawyer have to provide clients with an itemized bill? My wife is a trustee of a trust and needs to get information on what legal fees were for creating the trust(which came out of Trust funds). The lawyer is not being very communicative and not providing her with this information, and she needs it to file the trust's taxes for 2014. Is there any way to apply pressure? Contact the state bar? Something?

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

lord1234 posted:

What responsibilities does a lawyer have to provide clients with an itemized bill? My wife is a trustee of a trust and needs to get information on what legal fees were for creating the trust(which came out of Trust funds). The lawyer is not being very communicative and not providing her with this information, and she needs it to file the trust's taxes for 2014. Is there any way to apply pressure? Contact the state bar? Something?

Lawyers should be responsive and should communicate with their clients about their bills. Every State Bar has a complaint hotline that you're free to call. If your wife is paying someone to do the Trust's taxes (which she should), she should give that person the lawyer's contact info, and let them ask the lawyer for exactly what they need to file.

All that said, how many items can their be?

1) Draft Trust Documents.
2) ....

lord1234
Oct 1, 2008
I know he charged at least 5k, maybe 10. The problem is we don't know how much, and would like to.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

lord1234 posted:

I know he charged at least 5k, maybe 10. The problem is we don't know how much, and would like to.

You said it came out of the trust? Does it not appear on the bank account transaction history?

Busy Bee
Jul 13, 2004
I received a traffic ticket today and I believe that the Officer is charging me with something that is not applicable.

I mistakenly merged onto the highway via a carpool entrance that I was not aware of - 100% my mistake. However, the officer is charging me for "Failing to Obey a Lane Control Device" - "When a lane control device is placed over a street or a highway, vehicle may travel in any lane where a green signal is shown, but not enter where a red signal is shown". But where I was pulled over and allegedly committed the infraction, there is no lane control device at all.

I believe with that in mind, I could challenge the infraction and get this dismissed. Any thoughts on this?

xxEightxx
Mar 5, 2010

Oh, it's true. You are Brock Landers!
Salad Prong

Busy Bee posted:

I received a traffic ticket today and I believe that the Officer is charging me with something that is not applicable.

I mistakenly merged onto the highway via a carpool entrance that I was not aware of - 100% my mistake. However, the officer is charging me for "Failing to Obey a Lane Control Device" - "When a lane control device is placed over a street or a highway, vehicle may travel in any lane where a green signal is shown, but not enter where a red signal is shown". But where I was pulled over and allegedly committed the infraction, there is no lane control device at all.

I believe with that in mind, I could challenge the infraction and get this dismissed. Any thoughts on this?

State and statute/vehicle code?

Busy Bee
Jul 13, 2004

xxEightxx posted:

State and statute/vehicle code?

WA State

http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.070

There are three lanes on where you can merge onto the highway. The left two lanes are controlled by the red / green light while the lane on the right is carpool and there are no lights. Like I mentioned before, I did not notice that the lane on the right was carpool only so I merged onto the highway on that lane.

Chicken Doodle
May 16, 2007

Busy Bee posted:

WA State

http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.070

There are three lanes on where you can merge onto the highway. The left two lanes are controlled by the red / green light while the lane on the right is carpool and there are no lights. Like I mentioned before, I did not notice that the lane on the right was carpool only so I merged onto the highway on that lane.

Wouldn't the lights constitute a lane control device that you failed to obey by being in the lane you weren't supposed to be? That's an interesting one.

Busy Bee
Jul 13, 2004

Chicken Doodle posted:

Wouldn't the lights constitute a lane control device that you failed to obey by being in the lane you weren't supposed to be? That's an interesting one.

My understanding is that the "Lane Control Device" are the devices that you see above a highway / street with the green or red arrows.

Busy Bee fucked around with this message at 06:55 on Mar 8, 2015

Lobsterpillar
Feb 4, 2014

Busy Bee posted:

My understanding is that the "Lane Control Device" are the devices that you see above a highway / street with the green or red arrows.

Any sort of sign or road marking can be considered a traffic control device (whether or not thats the same as a lane control device I don't know, but my guess is lane control device is a subset of traffic control devices). If you were in a lane you weren't supposed to be in you may be in, and it was marked as such, then the police can probably make a "failure to obey lane control device" charge stick.

Busy Bee
Jul 13, 2004

Lobsterpillar posted:

Any sort of sign or road marking can be considered a traffic control device (whether or not thats the same as a lane control device I don't know, but my guess is lane control device is a subset of traffic control devices). If you were in a lane you weren't supposed to be in you may be in, and it was marked as such, then the police can probably make a "failure to obey lane control device" charge stick.

But the statute specifically states: When lane-direction-control signals are placed over the individual lanes of a street or highway, vehicular traffic may travel in any lane over which a green signal is shown, but shall not enter or travel in any lane over which a red signal is shown. http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.070

Kalman
Jan 17, 2010

"I didn't break this law, I broke this other law instead!"

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."

Kalman posted:

"I didn't break this law, I broke this other law instead!"

It could matter if one has more points than the other, though in California the carpool ticket is worse for no good reason, so if WA is the same he may have done you a favor.
But, even in traffic, the charge does matter.

jassi007
Aug 9, 2006

mmmmm.. burger...
If he goes to court and admits to breaking a different law, which he'd almost have to by stating why the cited offense wasn't applicable, they can just cite him for the other one then and their right?

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
Your honor, I've been charged with failing to obey a "lane-change device" and there was no lane-change device in the location I was charged with disobeying one, the Defense rests. Thats a pretty significant element of the crime he was charged with, and I'm not sure why he has to admit to breaking some other law to defend the charge that he broke that one.

Its traffic court, though, where the judge isn't a real lawyer, and the prosecutor probably has a real job that he does the other 4 days a week. If the Court says, "Lol look at Mr. Technical, you're guilty" then his only recourse is to appeal to Real Court and he's talking cost vs. benefit. The real question is what are his best and worst case scenarios if he requests a hearing and pleads "Not Guilty."

License Points can gently caress you up in the long run.

sleepy gary
Jan 11, 2006

Traffic court judges aren't lawyers? I think I found my new career!

Mr. Pizza
Oct 5, 2009


I have a question that I have not been able to answer after considerable research. I currently live in Chicago on a monthly oral lease, with rent collected (roughly) at the first of each month. The landlord has informed me that they'll be raising the rent to an amount that is neither affordable or reasonable for the apartment, and that if that's unfeasible they'd like the apartment vacated by May 1. We haven't yet explicitly agreed to any move-out days.

It's my understanding that the City of Chicago requires 30-days notice for termination from either the landlord or tenant, so this is well within the landlord's rights, and actually giving us a little more time to work with. My question is about the exact timing of the 30-days notice to terminate when coming from the tenant. If I give the notice to terminate in the middle of the month, is the rent prorated so that we only pay the portion of the next month before the 30-days is up? Or does the 30-day notice have to happen at the beginning of the month?

Basically my roommates and I have begun looking for a new place, and would like to sign a new lease as soon as possible, let's say starting April 1, while minimizing overlap between the two places (to save money). So if we found a place this week, and immediately upon nailing down our new lease we sent our 30-day notice to our current landlord, that would put the final day somewhere around the first or second week of April. Are we only liable for those first one or two weeks of April, or the whole month? How are prorations like this calculated exactly?

Kalman
Jan 17, 2010

It's 30 days prior to the start of the rental period, so there need to be at least 30 days before the next monthly period. Assuming a standard 1st of the month rental, you need to give notice by at least the end of the month prior to the terminating month (I.e. March 31 for a April 30/May 1 termination.)

pathetic little tramp
Dec 12, 2005

by Hillary Clinton's assassins
Fallen Rib

DNova posted:

Traffic court judges aren't lawyers? I think I found my new career!

Hell they let anybody be a judge these days

http://youtu.be/yyypJ2GAu_c

Bad Munki
Nov 4, 2008

We're all mad here.


pathetic little tramp posted:

Hell they let anybody be a judge these days

http://youtu.be/yyypJ2GAu_c

10/10 would vote for judge hacksaw again

Centripetal Horse
Nov 22, 2009

Fuck money, get GBS

This could have bought you a half a tank of gas, lmfao -
Love, gromdul

Bad Munki posted:

10/10 would vote for judge hacksaw again

His decision would later be overturned by Brutus "The Appellate Court" "The Barber" Beefcake.

2DEG
Apr 13, 2011

If I hear the words "luck dragon" one more time, so fucking help me...
Back again for a lawyer reference. Anyone know a good family lawyer in the Greensboro/HP/W-S, NC area? This is for a pre-nup.

Bad Munki
Nov 4, 2008

We're all mad here.


I recommend Judge Hacksaw. He brings a lot to the table, such as: a 2x4.

2DEG
Apr 13, 2011

If I hear the words "luck dragon" one more time, so fucking help me...

Bad Munki posted:

I recommend Judge Hacksaw. He brings a lot to the table, such as: a 2x4.

I will keep him in mind for the divorce :black101:

skipdogg
Nov 29, 2004
Resident SRT-4 Expert

I live in Texas, and I was wondering:

Is there a legal way I can set something up, like a directive, of who we want to take care of my kids if something happens to my wife and I?

I have no blood relatives alive at all aside from my children. My wife is an only child, and her mother isn't in the best health and would not be capable of raising the kids. If something happened to us before they turned 18 we would want their godparents (my wife's close cousin and his wife)to have legal custody of them, and our estate be liquidated and setup in a trust to help offset the cost of raising them.

E/N part: My biological brother recently passed away, and while I have what I consider to be family, they're not legally family. The person I call my mother was my Guardian and Conservator in the courts eyes until I turned 18. I have 3 other brothers and sisters that are her legal children, but I was never legally adopted. I want to make sure they have no claim to raising my kids at all. I don't believe anyone in my family can raise my kids the way I want them to be raised. They're all a dysfunctional mess and the best situation for my kids would be with my wife's cousin and his family.

euphronius
Feb 18, 2009

It's called a will and it's not binding as the "best interests of the child" always overrules whatever is happening. The court will certainaly pay attention to a Will though.

skipdogg
Nov 29, 2004
Resident SRT-4 Expert

Thanks, I wasn't sure if a Will handle child related issues as well.

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider

skipdogg posted:

I live in Texas, and I was wondering:

Is there a legal way I can set something up, like a directive, of who we want to take care of my kids if something happens to my wife and I?

I have no blood relatives alive at all aside from my children. My wife is an only child, and her mother isn't in the best health and would not be capable of raising the kids. If something happened to us before they turned 18 we would want their godparents (my wife's close cousin and his wife)to have legal custody of them, and our estate be liquidated and setup in a trust to help offset the cost of raising them.

E/N part: My biological brother recently passed away, and while I have what I consider to be family, they're not legally family. The person I call my mother was my Guardian and Conservator in the courts eyes until I turned 18. I have 3 other brothers and sisters that are her legal children, but I was never legally adopted. I want to make sure they have no claim to raising my kids at all. I don't believe anyone in my family can raise my kids the way I want them to be raised. They're all a dysfunctional mess and the best situation for my kids would be with my wife's cousin and his family.

euphronius posted:

It's called a will and it's not binding as the "best interests of the child" always overrules whatever is happening. The court will certainaly pay attention to a Will though.

Euphronius nailed it. It's a will with a statement of preference for conservator. Just because you want it may not mean it's the best interest for the kids. While it does have some weight, the judge will consider the overall situation if custody is contested.

I generally explain it to clients as "What if your sister gets hooked on prescription painkillers and wine? Would you still want her to have your kids?"

They absolutely have a value though. I tell people they're still worth doing to discourage custody battles where they're not needed.

Woozy
Jan 3, 2006
Hi thread,

one of the security cameras I'm responsible for has covered a hit and run in our parking lot at work. I've obtained the footage at the request of the officer who responded to the incident, but then I thought waaaaitaminute and called legal because we're a healthcare practice and we probably can't just out one of our patients if even they did gently caress up someone's car. Legal says don't give up the footage without a court order--so I won't--but should I even bother telling the officer that I have it to begin with? I think it would be pretty easy to identify the person responsible by looking at our appointment bookings and checking them against the video timestamp but the damage they caused was minor and I don't feel like it's worth the exposure on our end. Any HIPAA specialists care to advise?

Motronic
Nov 6, 2009

It seems you already have in house council. Why in the world wouldn't you ask them these questions?

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Woozy posted:

Hi thread,

one of the security cameras I'm responsible for has covered a hit and run in our parking lot at work. I've obtained the footage at the request of the officer who responded to the incident, but then I thought waaaaitaminute and called legal because we're a healthcare practice and we probably can't just out one of our patients if even they did gently caress up someone's car. Legal says don't give up the footage without a court order--so I won't--but should I even bother telling the officer that I have it to begin with? I think it would be pretty easy to identify the person responsible by looking at our appointment bookings and checking them against the video timestamp but the damage they caused was minor and I don't feel like it's worth the exposure on our end. Any HIPAA specialists care to advise?

This is follow-up question for your Legal department. Don't listen to anything anyone on the internet tells you to do.

joat mon
Oct 15, 2009

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

Woozy posted:

Hi thread,

one of the security cameras I'm responsible for has covered a hit and run in our parking lot at work. I've obtained the footage at the request of the officer who responded to the incident, but then I thought waaaaitaminute and called legal because we're a healthcare practice and we probably can't just out one of our patients if even they did gently caress up someone's car. Legal says don't give up the footage without a court order--so I won't--but should I even bother telling the officer that I have it to begin with? I think it would be pretty easy to identify the person responsible by looking at our appointment bookings and checking them against the video timestamp but the damage they caused was minor and I don't feel like it's worth the exposure on our end. Any HIPAA specialists care to advise?

The video is unlikely to be protected health information. Even if it is, releasing to law enforcement evidence of a crime that occurs on the entity's property is a covered release. 45 CFR 164.512(f)(5).

Alchenar
Apr 9, 2008

In any case, legally allowed and company policy might be two very different things. "I'm sorry officer, but for the sake of protecting our patient's information it's our policy not to give out that data without a court order. I appreciate the inconvenience this causes you."

Woozy
Jan 3, 2006
Thanks for the responses. I'm obviously going to follow up with legal on everything I just thought it was an interesting fringe case and wanted to hear people's thoughts.

Pixelated Dragon
Jan 22, 2007

Do you remember how we used to breathe and watch it
and feel such power and feel such joy, to be ice dragons and be so free. -Noe Venable

Lobsterpillar posted:

So here is a situation. A person owns a property, which is rented out to a number of businesses. The property is on the corner of a major road and a minor road, and the business owners have complained of a large number of cars using the car park as a shortcut during rush hour, sometimes at high speed, even though they have speed bumps. One of the renters is a doctors clinic and they have elderly customers and parents with young children who use the car park, so this is becoming a safety concern.

What sort of legal recourse is available to the property owner/businesses? Can they get the people cutting through the car park for trespassing on private property? Can they stick a gate at the car park exit and charge a toll?

An avoidance ticket generally won't stick if the motorist contests it, especially if the infraction happened at a business or a mall and the parking lot is accessible all the time. It's not even illegal in every state. In states where it is illegal, the operative wording is something like "to leave the roadway and travel across private property to avoid an official traffic control device." I was thinking of going to by Barnes and Noble, but then I changed my mind.

Depending on your state/location, the property owner might be better off placing a bunch of stop signs in the parking lot. The reason this depends on your state is because in some some states law enforcement cannot enforce traffic signs in parking lots that were not placed by the police or town or jurisdiction.

Pixelated Dragon fucked around with this message at 00:48 on Mar 10, 2015

JUST MAKING CHILI
Feb 14, 2008
Location: Texas

My wife's father died overnight. We're preparing to drive from Dallas to his hometown today and I want to know what sort of questions we should ask about his estate.

He had no will, and no major possessions besides his vehicle. His mom, my wife's grandmother, is still alive and of sound mind, as is his older brother and sister. We don't expect there to be any contention between my wife and the rest of the family as he made it verbally known that all his possessions pass to my wife and that he had very little, but I'm not sure how everything passes in Texas with a surviving parent and siblings.

He lived with his mother and brother in the family home. From what I know, he owned only an old suv, and a few thousand dollars with of audio-video equipment. He hadn't worked in the ten years I knew him and probably ten or fifteen years before that. As far as I know, his income was possibly a government disability check and/or an annuity or something from some sort of stock he held in the former family business along with subsidy from his mother, as needed.

What do we need to ask about for a situation like this? I am not familiar with the process of someone dying inestate.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

The Mandingo posted:

Location: Texas

My wife's father died overnight. We're preparing to drive from Dallas to his hometown today and I want to know what sort of questions we should ask about his estate.

He had no will, and no major possessions besides his vehicle. His mom, my wife's grandmother, is still alive and of sound mind, as is his older brother and sister. We don't expect there to be any contention between my wife and the rest of the family as he made it verbally known that all his possessions pass to my wife and that he had very little, but I'm not sure how everything passes in Texas with a surviving parent and siblings.

He lived with his mother and brother in the family home. From what I know, he owned only an old suv, and a few thousand dollars with of audio-video equipment. He hadn't worked in the ten years I knew him and probably ten or fifteen years before that. As far as I know, his income was possibly a government disability check and/or an annuity or something from some sort of stock he held in the former family business along with subsidy from his mother, as needed.

What do we need to ask about for a situation like this? I am not familiar with the process of someone dying inestate.

You would talk to an attorney that does Probate. If there was no will, and likely will be no action in Probate Court, then you can talk to a lawyer thats close to your home in Dallas.

What you need to gather in the interim, and take with you to meet the lawyer are:
- the decedent's credit report. (just get it next week sometime)
- record title to any vehicles the decedent owned (title from his files or get proof from DMV)
- record title to any real property the decedent owned (Deed to the House - go online and get it from XXCounty Deed Records, or go to XX County Courthouse and use the computers there to print out the deeds.)
- A basic inventory and appraisal of his personal property. (1. TV - $100.00 fair market value, 2. furniture - $500 FMV, etc.)


You'll have plenty of time to get all this done. The attorney should charge no more than $500 for everything, I would think, if there is no will and nothing complicated. He will likely recommend an "Affidavit of Heirship" if he thinks you need to do anything at all. If for some reason you do need to probate his estate, you will need to use an attorney in the County he lives in, and it will cost more, but you can start in Dallas.

If you need recommendations for a North Texas attorney, PM me.

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HookShot
Dec 26, 2005
I feel like this thread will appreciate the headline of this article:

http://uproxx.com/webculture/2015/0...cebook&ts_pid=2

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