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Anonymous Zebra posted:This question is a bit different from the usual hypotheticals we get here, but I was curious how this kind of thing worked in real life. In the HBO miniseries The Night of the main character is charged with first degree murder amongst a pile of other charges. A big-shot lawyer sees his case on TV and decides she wants to represent him so she can get more camera time. She visits the man's family and tells them that she will personally represent their son, and will do it pro-bono. She tells them to fire his previous lawyer (who they have not paid a retainer yet), and then she represents him during a bail hearing. Shortly after, he rejects a plea bargain after indicating he would accept it to his lawyer and she gets pissed off, "quits", and tells his family that some random low-level associate in her firm will now be his lawyer, and that it will no longer be pro-bono. In some cases you can drop a representation because your client won't take your advice but I don't think this would fly in most jurisdictions.
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Aug 11, 2016 14:02
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Frinkahedron posted:Former landlord is withholding our security deposit and didn't notify us until two months after the end of the lease. Virginia law says either we need notice or the money back within 45 days (as far as I can tell). When he did notify us of the "damages", he didn't give me an itemized list, just a bulleted list in a text message. I asked him for a copy of the invoice from the contractor(s) he supposedly used but am now being ignored. I have some photos of things that were broken/worn from when we first moved in that make me 99% sure he's literally lying via text message and is trying to scam us. IANAL, but you should check the laws for your state/city. Here, if a landlord does not correctly handle a security deposit and it's return, they are responsible for 3x damages (which is intended to stop them bullshitting people to try and keep it, because it puts them actually out of pocket if they gently caress around). For that amount, you can also probably handle the matter yoursef through either housing court (if it exists) or small claims, where you don't actually need a lawyer because it uses a simplified process for laypeople. You can always send a letter letting them know you're considering a suit; lots of landlords do this and will fold rather than actually going to court because it's not worth their time.
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Aug 11, 2016 14:19
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ulmont posted:You can't unilaterally revise a fee agreement in an unfair fashion, though (which I suppose is a bit of an open question about fairness if you represented through a reasonable plea agreement that was rejected). New York Rules of Professional Responsibility, Rule 1.16 posted:Except as stated in paragraph (d), a lawyer may withdraw from representing a client when: An interesting question would be whether client could seek to recover for the attorney's use of his (in)fame - should she have to pay him what she would have had to pay an ad agency to get her the same exposure as her attachment to his case got her? caveat: Some/most(?) jurisdictions require the judge's permission to get out of a case. This may make it harder or easier to get out of a case, depending on a jurisdiction's/judge's philosophy on the matter.
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Aug 11, 2016 15:26
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joat mon posted:Does "there are no fees" count as a fee agreement, and would it be unfair for an attorney to charge a fee to represent somebody? Yes, "there are no fees" counts as a fee of $0. While it is fair for an attorney to charge a fee, changing the fees in the middle of a representation is much more of a problem. There's an ABA opinion on this (11-458), which notes that a lawyer has a special burden to justify any change in the fees during the representation, and I've seen at least one state case (in Massachusetts) on the matter that is in agreement (didn't really survey; had seen that case in another context recently).
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Aug 11, 2016 17:12
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Ashcans posted:IANAL, but you should check the laws for your state/city. Here, if a landlord does not correctly handle a security deposit and it's return, they are responsible for 3x damages (which is intended to stop them bullshitting people to try and keep it, because it puts them actually out of pocket if they gently caress around). For that amount, you can also probably handle the matter yoursef through either housing court (if it exists) or small claims, where you don't actually need a lawyer because it uses a simplified process for laypeople. Check out your local housing office if you have one, or any sort of renter's/tenant aid orgs for your state/city. Ours provides sample letters and I've been told our local office will do certified letters on your behalf to get landlords to uphold the lease. Worst case if you have no free resources available, check with local lawyers. You can likely get a free or very inexpensive consultation just to see if they think it's worth taking to court; they'll have a good bead on what works in your neck of the woods. "Can I sue?" is a very different question than "Should I sue?" Local pros are always your best resource. I personally would send a certified letter quoting relevant statute and telling them to pony up; I'm in a 3x damages state, I know we have a real small claims court (no lawyers allowed) that costs less than $100 to file, I have time on my hands, and I've only rented from corps that won't just disappear if served or if I obtain a judgment. If you're renting from a small time dick, your ability to collect even with a judgment in hand might be dependent on knowing where his accounts are held and your willingness to pay for garnishment/attachment of those accounts or for a sheriff to come seize real property. Usually you can recover those costs as well, but it's all dependent on where you are and actually getting recovery in the first place.
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Aug 11, 2016 17:48
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Why is it okay for employers to ask you if you've ever been arrested? And specifically say they don't care if you were found innocent or whatever, they just want to know if you've ever been arrested? Are they going to not hire/fire you because only bad people ever get arrested? I was arrested for trespassing in college and let go with loitering (because I wasn't trespassing durrrrr university cops durrr). And I feel stupid having to tell that dumb story 20 years later whenever I apply for something.
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Aug 11, 2016 18:21
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They can ask you about anything that isn't prohibited, and asking if you have been arrested isn't prohibited. They're looking for reasons not to hire you
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Aug 11, 2016 18:39
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Anonymous Zebra posted:This question is a bit different from the usual hypotheticals we get here, but I was curious how this kind of thing worked in real life. In the HBO miniseries The Night of the main character is charged with first degree murder amongst a pile of other charges. A big-shot lawyer sees his case on TV and decides she wants to represent him so she can get more camera time. She visits the man's family and tells them that she will personally represent their son, and will do it pro-bono. She tells them to fire his previous lawyer (who they have not paid a retainer yet), and then she represents him during a bail hearing. Shortly after, he rejects a plea bargain after indicating he would accept it to his lawyer and she gets pissed off, "quits", and tells his family that some random low-level associate in her firm will now be his lawyer, and that it will no longer be pro-bono. There is a lot going on here. Generally you can't just quit. In my jurisdiction you have to bring a motion to the court to be relieved if the client won't willingly discharge you (this happens frequently for non-payment, or a client goes completely Mia). My understanding is that the rules are even more stringent in criminal matters (I work civil). Also the clients tend to belong to the firm, so just because a senior partner doesn't want to be involved is not necessarily "quitting" Representation is typically by contract, so the whole will-work-for-free thing won't be modified unless both parties agree. The contract can have various clauses in it, our retainer for example charges different amounts for litigation and handling appeals. Not sure if criminal follows suit. This is more a textbook approach, not really factoring in how attorneys and clients behave when one or the other don't want to be involved anymore.
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Aug 11, 2016 18:42
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State bars tend to be pretty big on encouraging pro bono hours, so free representation isn't an uncommon thing and one would generally be seen as an rear end in a top hat for trying to alter that. Plus regardless of whatever fee agreements were in place the client can always say "You agreed to represent me for free and you're changing your mind, I can't afford that, I'm firing you." Provided any outstanding fees owed to the attorney are taken care of there should be no reason to think "I can no longer afford your services" isn't a valid reason to fire an attorney (not that a client really needs any reason at all). They definitely can't bill you for services already rendered if they agreed to provide those pro bono, but depending on circumstances and what was agreed to it might be possible for them to change that going forward, or for certain services (e.g. "I'll represent you pro bono, but if we have to appeal I'll charge for that"). The simple answer is the rules are boring so TV dramas play fast and loose with them and this scenario wouldn't happen in reality without somebody having some kind of out.
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Aug 11, 2016 19:57
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Its OK because its OK, and arrestees aren't a protected class. You can get arrest records expunged, have you ever looked into it?
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Aug 11, 2016 20:01
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blarzgh posted:Its OK because its OK, and arrestees aren't a protected class. Not sure about expunging an arrest. Would an arrest really show up 20 years after the fact? How on Earth would I even check?
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Aug 11, 2016 20:17
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Anonymous Zebra posted:... In the HBO miniseries The Night of the main character is charged with first degree murder amongst a pile of other charges. A big-shot lawyer sees his case on TV and decides she wants to represent him so she can get more camera time. ... and she gets pissed off, "quits" ... The big shot left the case but her firm was still engaged because she appointed an underling at her firm to take over. Quitting isn't an issue. Adjusting the fee - this depends on the engagement letter (which we've never seen) as well as on the NY bar rules. For example, the engagement letter might say that free representation stops when an agreed plea deal to the court. The defendant had already agreed to the deal but backed out in the courtroom.
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Aug 11, 2016 20:22
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spacetoaster posted:Not sure about expunging an arrest. Would an arrest really show up 20 years after the fact? How on Earth would I even check? "It Depends" so hard right now. Campus Cop, picked you up, but didn't give you a ticket, but did hold you overnight, but didn't maybe make a record of it, but you didn't get convicted? I mean, if you want to go find whether there is a record of your arrest, you'd probably want to start with the agency that arrested you, and any agency above that, who might keep such records. You made have to do a public information (records) request to find out if they have one. Then, if you find it, you can talk to a local attorney about having it expunged. Some young'uns and solos do expungments on the reg for super cheap.
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Aug 11, 2016 22:28
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I've spent the night in jail before, but I can say, "no, I've never been arrested" on questionnaires.
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Aug 11, 2016 22:30
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Re: arrest. Google yourself. Do you appear on "busted in [town]?" If so, good luck erasing those records ever. Do you not appear anywhere? You may get away with the lie. A background check may reveal your arrest though. Possibly worth it to pay for a background check. I used to get questions often from people who had the same name as felons. I advised them to let the interviewer know there's another guy out there with the same name who is a criminal, but has a different birthday and physical description. I run into this myself. My name is not really common, but there are 3 other people with the same name. One is a doctor, one is a felon, one is a lawyer. Practically, spin out into a sorry you can tell in interviews. "Yeah, I was arrested. Here's what happened."
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Aug 11, 2016 23:50
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Hot Dog Day #91 posted:Re: arrest. Yeah but what about the third one? 
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Aug 11, 2016 23:54
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blarzgh posted:"It Depends" so hard right now. blarzgh posted:I've spent the night in jail before, but I can say, "no, I've never been arrested" on questionnaires. I was arrested for trespassing and spent about 3 hours in jail before the judge set my bail and I got out. I did go to court and proved that I wasn't trespassing but I ended up with a loitering violation (no fine) because the campus cop said I was rude to him (imagine being arrested for trespassing where you were allowed to be). Hot Dog Day #91 posted:Re: arrest. There was no google or internet really when this occurred so nothing is on the internet. And it is easily explained away as teenage hijinks, it's just bothersome to see the pearlclutching when people find out there's a person who's been arrested before near them.
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Aug 12, 2016 00:43
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spacetoaster posted:And it is easily explained away as teenage hijinks, it's just bothersome to see the pearlclutching when people find out there's a person who's been arrested before near them. Doesn't matter. There's an industry of companies that copy public records, host them online in highly visible places, then charge you to have them removed.
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Aug 12, 2016 01:01
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NancyPants posted:Check out your local housing office if you have one, or any sort of renter's/tenant aid orgs for your state/city. Ours provides sample letters and I've been told our local office will do certified letters on your behalf to get landlords to uphold the lease. Worst case if you have no free resources available, check with local lawyers. You can likely get a free or very inexpensive consultation just to see if they think it's worth taking to court; they'll have a good bead on what works in your neck of the woods. "Can I sue?" is a very different question than "Should I sue?" Local pros are always your best resource. This is very useful, thanks!
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Aug 12, 2016 01:23
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Hi all, long time listener first time caller. I have a question for any potential Canadian legal experts in the thread that I originally asked of CanPol's resident insane-legal-theory killjoy Canadian Lawyer-goons, do you know of any online resources that clearly and accurately details the rights of a Canadian citizen during a police stop/search/detainment/arrest? You see American versions of these all the time, but so far as I can tell there is no widely-reproduced Canadian one. Anyone able to shed any light on this? Thanks in advance. Somebody fucked around with this message at 06:33 on Sep 13, 2022 |
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Aug 12, 2016 01:55
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You have no rights as 'murcia is the only land of freedumb, ya hoser.
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Aug 12, 2016 02:10
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blarzgh posted:I've spent the night in jail before, but I can say, "no, I've never been arrested" on questionnaires.
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Aug 12, 2016 02:15
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seacat posted:A little over a decade ago I got a curfew ticket for being in a no being 17 after dark zone. My parents wanted me to talk to a lawyer friend of the family to see if he could do anything. He gave me a consultation saying basically he'd take care of it but he said "the officer who arrested you..." and I said "well sir, I didn't go to jail that night" and he said "while he was writing you the ticket, you were under arrest. When you signed the ticket you were no longer under arrest". Anyway he got the charge dismissed through whatever lawyering lawyers do and we didnt have to pay the 50$ fine or whatever. Am I supposed to cop to this if I ever apply to the CIA or if some stringent employer asks me if I've ever been arrested? Most of the many applications I've filled out only ask for convictions (usually in the last 7 years or whatever), some only ask for felony convictions. (Texas) Most questionaires say not to mention anything like violations (traffic tickets, parking tickets, loitering). Was it a misdemeanor or a violation? In my state violations don't really count.
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Aug 12, 2016 02:26
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I don't think that would constitute an arrest but if you are applying to the CIA or whatever tell the truth. You weren't taken into custody, you were given a citation and agreed to appear in lieu of arrest.
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Aug 12, 2016 02:28
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Show of hands, who here has been arrested?
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Aug 12, 2016 02:32
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Phil Moscowitz posted:Show of hands, who here has been arrested?
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Aug 12, 2016 02:55
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nm posted:You have no rights as 'murcia is the only land of freedumb, ya hoser. *uncontrollable weeping*
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Aug 12, 2016 03:09
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joat mon posted:I've gone to jail more times than anybody else here, does that count? Unless you turned in your shoelaces at the front door, no
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Aug 12, 2016 03:16
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Hot Dog Day #91 posted:Re: arrest. My husband's old business partner has a relatively common Anglo name (his first name is James!) and there was a guy in Australia with the same name and birthdate. Basically every single time he had to get a check done he had to specify that it would come up positive but that really isn't his.
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Aug 12, 2016 03:26
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Phil Moscowitz posted:Show of hands, who here has been arrested? Does being handcuffed by my wife count
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Aug 12, 2016 04:02
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Is she a cop?
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Aug 12, 2016 04:10
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Bad Munki posted:Is she a cop? Only on Friday nights.
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Aug 12, 2016 04:12
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Got diverted for some weed 16 years ago. Got the arrest record sealed last year. Only the county court and the local PD had records. The state PD records repository responded to the order saying that they didn't have any records of it.
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Aug 12, 2016 04:22
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Angry as gently caress ex-girlfriend threatens to call the police on you for stupid poo poo like illegal drugs or child pornography. The police actually show up at the door but have no warrant or probable cause (anonymous phone call) so they're turned down at the door. One of the officers apparently has issues like this all the time, but have to do their job anyways. The whole encounter lasted 5 minutes and later apologized for waking me up at midnight. Is there anything -legal- I can do to stop this crazy bitch from doing this again?
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Aug 12, 2016 10:51
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Lord Ephraim posted:Angry as gently caress ex-girlfriend threatens to call the police on you for stupid poo poo like illegal drugs or child pornography. The police actually show up at the door but have no warrant or probable cause (anonymous phone call) so they're turned down at the door. One of the officers apparently has issues like this all the time, but have to do their job anyways. The whole encounter lasted 5 minutes and later apologized for waking me up at midnight. Stop downloading child porn. 
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Aug 12, 2016 11:57
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Lord Ephraim posted:Angry as gently caress ex-girlfriend threatens to call the police on you for stupid poo poo like illegal drugs or child pornography. The police actually show up at the door but have no warrant or probable cause (anonymous phone call) so they're turned down at the door. One of the officers apparently has issues like this all the time, but have to do their job anyways. The whole encounter lasted 5 minutes and later apologized for waking me up at midnight. Depending on where you live, what the real facts of your situation are, and what the police officers/prosecutors are like in your jurisdiction, you may be able to do any or none of the following: sue for defamation per se, sue for an injunction against the conduct, apply for a protective order, and press charges for filing a false police report or other things, or nothing.
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Aug 12, 2016 15:10
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Hot Dog Day #91 posted:Re: arrest. Personally I think all Hot Dog Days should share a rap sheet.
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Aug 12, 2016 19:08
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blarzgh posted:Depending on where you live, what the real facts of your situation are, and what the police officers/prosecutors are like in your jurisdiction, you may be able to do any or none of the following: sue for defamation per se, sue for an injunction against the conduct, apply for a protective order, and press charges for filing a false police report or other things, or nothing. Maybe the ex-girlfriend is 15 years old. Also, just an anonymous tip, right? No police report.
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Aug 12, 2016 19:39
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Stickarts posted:Hi all, long time listener first time caller. I have a question for any potential Canadian legal experts in the thread that I originally asked of CanPol's resident insane-legal-theory killjoy Second result on google http://www.cleo.on.ca/en/publications/polpower/what-are-my-rights-if-i-am-arrested-or-detained Somebody fucked around with this message at 06:33 on Sep 13, 2022 |
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Aug 12, 2016 20:13
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Hermsgervørden posted:Personally I think all Hot Dog Days should share a rap sheet. I think most do, but not me!
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Aug 12, 2016 20:17
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