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Nice piece of fish
Jan 29, 2008

Ultra Carp

Phil Moscowitz posted:

How barbaric! Sounds like socialism. How much do these unlimited liability policies cost?

Here in the US we also have mandatory liability insurance. Each state mandates that people have liability insurance in a particular amount (varies by state, for example in Louisiana it's $15,000 per person, but in Florida it's $10,000 and Alaska it's $50,000). Of course that doesn't really pay for much when you are hospitalized with a broken anything, much less have major injuries like brain or spine which are very common biomechanical results from auto accidents. Also there are countless yokels driving around without any insurance at all. Only a crime if you get caught!

So the solution has been to require insurance companies to provide "underinsured motorist coverage" to bridge the gap between a tortfeasor's limit and your actual injuries. Most states require this coverage to be at a minimum the amount of liability coverage on the policy. Of course, the insurance company allows you to waive this coverage and pay a lower premium, if you want.

It is very much some socialisms there. My own is about 1200 USD a year, but I drive a not-very-safe SUV.

What happens when both parties are uninsured, which I'm sure is a thing that can happen? Also, way to pass ineffective legislation if people are allowed to waive coverage of this kind. Also, those amounts are hilariously inadequate. Your entire infrastructure is based around the car, people are practically required to drive and I don't think the US has the very best road safety record if I can be so bold.

By the way, insurance isn't a liability limit here: For material damages above the coverage you can file a claim directly at the culpable party, but only for damages over this amount. Pretty rare, but not unheard of in industrial car accidents, though companies often have special insurance on top of this. You are, however, required to claim against insurance first exept in criminal or negligent damages situations, or you may lack standing for a direct claim.

Also, even more socialisms: disability benefits for permanent bodily injury are also taken into account, but come on top of insurance payout AND life insurance payout (which also pays for permanent disability above a certain percentage). This gets hilariously complicated, because they do reduce the amount of disability benefits, but not dollar-for-dollar, it's according to a special law that absolutely nobody - including the loving department of social benefits - really knows how works. I've handled a few of these cases, one recent one where the beneficiary got paid a good 100 000,00 $ above what they were entitled to because of an insurance fuckup. The company was entitled to claim the money back condictio indebiti, but due to their own fuckups we settled it for 8 000,00 $. Socialism means systems, systems mean mistakes and fuckups, which means work. Loads of work. I really recommend socialism for the US, you ought to try it some time.

Nice piece of fish fucked around with this message at 17:06 on Apr 12, 2017

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SlyFrog
May 16, 2007

What? One name? Who are you, Seal?
Update: nothing else figured out, still on decaying death spiral at firm, but seeing new psychiatrist on Friday.

I don't know if he's the right one, but given he was the only one out of five names I found that was actually taking new patients, I guess he's worth a shot. Not much choice.

I'm still befuddled, but also still trying.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

Nice piece of fish posted:

It is very much some socialisms there. My own is about 1200 USD a year, but I drive a not-very-safe SUV.

What happens when both parties are uninsured, which I'm sure is a thing that can happen? Also, way to pass ineffective legislation if people are allowed to waive coverage of this kind. Also, those amounts are hilariously inadequate. Your entire infrastructure is based around the car, people are practically required to drive and I don't think the US has the very best road safety record if I can be so bold.

It's a free country! If nobody has insurance, lawyers are free not to take the case, the at-fault person is free to illegally drive around their smashed-up jalopy (until they're picked up on a bench warrant and jailed for failure to pay the "no proof of insurance" ticket), and the injured person is free to lose his job because his car was totaled, free to go bankrupt from medical bills, and free to live the rest of their life in constant neck and back pain. :911:


Nice piece of fish posted:

By the way, insurance isn't a liability limit here: For material damages above the coverage you can file a claim directly at the culpable party, but only for damages over this amount. Pretty rare, but not unheard of in industrial car accidents, though companies often have special insurance on top of this. You are, however, required to claim against insurance first exept in criminal or negligent damages situations, or you may lack standing for a direct claim.

It's the opposite in the US. In many states you must sue the at fault party, who then has a contractual right of indemnity from his insurance company. Other states allow what is called "direct action," meaning you can name the insurance company as a defendant directly (along with the named insured). Regardless, you always have a claim against the tortfeasor personally, in excess of whatever insurance they have. It's just a huge pain in the rear end taking and enforcing a judgment against someone without money or insurance.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Nice piece of fish posted:

What happens when both parties are uninsured, which I'm sure is a thing that can happen?

They go to Court and sue over who was negligent, which is the process that insurance basically streamlines. But in reality, they usually just walk away because they can't even afford to fix their car if they can't afford insurance, so how will they pay a lawyer to sue another indigent person they can't collect from?

mastershakeman
Oct 28, 2008

by vyelkin
yeah the primary cost of my insurance is covering myself from other people without insurance who try to kill me every second im on a bicycle. it's a loving mess

algebra testes
Mar 5, 2011


Lipstick Apathy
That feeling when the a judgement comes down ahead of your submission refuting most of your arguments.

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."

mastershakeman posted:

yeah the primary cost of my insurance is covering myself from other people without insurance who try to kill me every second im on a bicycle. it's a loving mess

Why don't you post in the bike thread?

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



MSM if you're still without a job you could probably get a couple of bucks out of a goon in the legal questions thread for actual services.

Maybe it's time to hang your shingle.

mastershakeman
Oct 28, 2008

by vyelkin

Mr. Nice! posted:

MSM if you're still without a job you could probably get a couple of bucks out of a goon in the legal questions thread for actual services.

Maybe it's time to hang your shingle.

thanks. blazgh was giving him bad advice in there! I'm still doing the doc review game, and hoping to replace my friend for 3 months at her corporate job (right by where I live) when she's on maternity. At this point I think I might need to take the relativity certification ($1k) to get anywhere solid.

I do see a fair amount of openings doing what I used to do, but they'd be just as dead end with much more stress and lower pay than doc review so haven't tried to go back that way.

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



Glad to read that things aren't completely terrible for you anymore. Now if we could only get SlyFrog to retire to a farm.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

mastershakeman posted:

thanks. blazgh was giving him bad advice in there!

Just trying to drum you up some business!

I was about to mail him some sovcit literature to really stir the pot.

mastershakeman
Oct 28, 2008

by vyelkin
doc review was actually pretty fun when I ended up in a room of 3 other guys who wanted to talk about nothing but action movies and beer and sports


we had a lot of arguments about chuck Norris while getting paid

having grown up on a farm the idea of slyfrog on one is hilarious to me. then again maybe he'd like it since physical exhaustion is kind of nice compared to mental exhaustion

mastershakeman
Oct 28, 2008

by vyelkin

blarzgh posted:

Just trying to drum you up some business!

I was about to mail him some sovcit literature to really stir the pot.

that dude is probably getting taken for a ride by his management company , but with internet posters you never know what part of the story conveniently gets left out

I actually just helped out a friend who had done a contract for deed with someone, and it was such a giant mess my advice was to get a real good local lawyer that the judge had seen a million times so that the case was incredibly routine rather than getting bogged down in the weeds. I didn't think contract for deeds were actually real things that people did

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

mastershakeman posted:

that dude is probably getting taken for a ride by his management company , but with internet posters you never know what part of the story conveniently gets left out

I actually just helped out a friend who had done a contract for deed with someone, and it was such a giant mess my advice was to get a real good local lawyer that the judge had seen a million times so that the case was incredibly routine rather than getting bogged down in the weeds. I didn't think contract for deeds were actually real things that people did

Stroll on down to your nearest trailer park, and you'll find a big, smelly pile of contracts for deed that no one will ever be able to afford to sue the seller/financier over when they lose their double-wide and every penny of their $145/month installment payments.

Texas actually has an interesting history with Contracts for Deed, and the laws surrounding them, which were originally designed to protect the buyers from predatory 'lending', have turned into a tool for eviscerating middle-class morons who agree to seller finance houses to other morons who can't get credit.

NEVER SELLER FINANCE YOUR HOUSE

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



mastershakeman posted:

doc review was actually pretty fun when I ended up in a room of 3 other guys who wanted to talk about nothing but action movies and beer and sports


we had a lot of arguments about chuck Norris while getting paid

having grown up on a farm the idea of slyfrog on one is hilarious to me. then again maybe he'd like it since physical exhaustion is kind of nice compared to mental exhaustion

I was mainly meaning living on a big country estate rather than working an actual farm growing stuff.

mastershakeman
Oct 28, 2008

by vyelkin

blarzgh posted:

Stroll on down to your nearest trailer park, and you'll find a big, smelly pile of contracts for deed that no one will ever be able to afford to sue the seller/financier over when they lose their double-wide and every penny of their $145/month installment payments.

Texas actually has an interesting history with Contracts for Deed, and the laws surrounding them, which were originally designed to protect the buyers from predatory 'lending', have turned into a tool for eviscerating middle-class morons who agree to seller finance houses to other morons who can't get credit.

NEVER SELLER FINANCE YOUR HOUSE

yeah, my friend is the seller and is going to evict this guy. my biggest question is where the hell did he find this rube. the contract had a big down payment and a balloon at the end, and surprise surprise the balloon isn't going to be met

joat mon
Oct 15, 2009

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

Mr. Nice! posted:

Glad to read that things aren't completely terrible for you anymore. Now if we could only get SlyFrog to retire to a farm.

:getin:

Mr. Nice!
Oct 13, 2005

c-spam cannot afford




Exactly.

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

Mr. Nice! posted:

Glad to read that things aren't completely terrible for you anymore. Now if we could only get SlyFrog to retire to a farm.

One of my old coworkers did this. Now she raises goats most of the time and does legal stuff part-time.


This is pretty much what her facebook looks like these days.

Nice piece of fish
Jan 29, 2008

Ultra Carp

Phil Moscowitz posted:

It's a free country! If nobody has insurance, lawyers are free not to take the case, the at-fault person is free to illegally drive around their smashed-up jalopy (until they're picked up on a bench warrant and jailed for failure to pay the "no proof of insurance" ticket), and the injured person is free to lose his job because his car was totaled, free to go bankrupt from medical bills, and free to live the rest of their life in constant neck and back pain. :911:


It's the opposite in the US. In many states you must sue the at fault party, who then has a contractual right of indemnity from his insurance company. Other states allow what is called "direct action," meaning you can name the insurance company as a defendant directly (along with the named insured). Regardless, you always have a claim against the tortfeasor personally, in excess of whatever insurance they have. It's just a huge pain in the rear end taking and enforcing a judgment against someone without money or insurance.

Jesus loving christ, USA. You can do better.

In our case, the insurer can demand the tortfeasor included in the suit, which is sometimes done if the company thinks it's got grounds for simultaneous claim, at which point it becomes a sort of weird three-way.


blarzgh posted:

They go to Court and sue over who was negligent, which is the process that insurance basically streamlines. But in reality, they usually just walk away because they can't even afford to fix their car if they can't afford insurance, so how will they pay a lawyer to sue another indigent person they can't collect from?

Right. Of course. Wouldn't this be covered by legal aid insurance making it a lot cheaper to sue even if you're unlikely to collect? Oh wait, you people probably don't have that. Car and house insurance almost always (as a prerequisite) comes with legal aid insurance which - in case you end up in a legal battle - will cover most costs up to and including municipal court, sometimes (if it's a good insurance) even high court.


SlyFrog posted:

Update: nothing else figured out, still on decaying death spiral at firm, but seeing new psychiatrist on Friday.

I don't know if he's the right one, but given he was the only one out of five names I found that was actually taking new patients, I guess he's worth a shot. Not much choice.

I'm still befuddled, but also still trying.

Just to say: I've been reading through this thread (because I'm home, sick as hell with the flu as a nice reward for spending my first two days of an ostensibly week-long easter holiday in emergency CPA tribunal hearings), and I've read up on your posts and situation.

Firstly, thanks for an entertaining read, you've given me a lot to think about regarding my own future and by own work bullshit problems (which in many ways though not nearly in the same magnitude mirror some of yours).

Secondly, the way I read you I feel like you are way way too hard on yourself. In your line of specialty, I can completely understand experiencing symptoms of burnout and serious psychological stress from that kind of nitpicky document review, speaking as a mid-law general practice attourney. I also completely understand feeling stuck, which unfortunately is really the perfect way to exacerbate already existing problems.

If I can offer an opinion, I think that your lack of progress with therapy and such is probably not all too uncommon among legal professionals. We're all somewhat smart (sometimes in our own very special way, but whatever) and are incredibly adept at overanalysis, too arrogant to take advice seriously and cerebral enough to constantly dwell and mill on our issues. Combined with the fact that you've had a crappy last few years, I find your issues to be completely understandable and I'm very sorry you're going through this.

I'm not in any position to offer any advice, but I'll say this: I don't buy that you're nearly as incompetent as you feel you are. I'm certain that there in actual fact are very few people able to do your job. While I'm unsure how well it applies to a totally different market in the US, the older attourneys I know that have suffered similar issues have variously gone on medical leave, left to become an independent consulting attourney in doc review (requires connections) or started a more rural private general practice to live off of hicks who don't know any better. The latter of which I can totally see doing, since biglaw hoovers up everything in or near cities. I'm sure you've considered all of this already seeing as this has been discussed over a few hundred pages of thread, but I wouldn't be quick to rule most or all possibilites out just yet. Even if you're worried you don't have the passion to spare for anything else and that any new job will end up sucking as much as your current one, you don't know that this will be the case. You do know how miserable you are now.

Regardless, my real suggestion is to move to a farm and work part time as a green law attourney/part time goat herder. Work in allodial law. It's a blast.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Nice piece of fish posted:

Jesus loving christ, USA. You can do better.
Not really. We have 400,000,000 people living in 50 different quasi-countries, across 3,797,000 square miles, with 4,071,000 miles of roads governed and enforced by 2 to 5 different law enforcement agencies on any one stretch.

Nice piece of fish posted:

Right. Of course. Wouldn't this be covered by legal aid insurance making it a lot cheaper to sue even if you're unlikely to collect? Oh wait, you people probably don't have that.

If you have insurance, your insurance has a statutory and/or common law 'duty to defend' which means paying your legal fees, and if your the plaintiff, they're obv. going to pay the fees to try and collect the money they paid out already from the other side.

If you don't have insurance, there is no legal aid insurance worth speaking of. Thats why people aren't supposed to drive a car without insurance.

disjoe
Feb 18, 2011


Not only do all 50 states have different laws, the states also disagree on which law to use in different cases. We're a mess, but we're trying.

mastershakeman
Oct 28, 2008

by vyelkin
I agree legal aid insurance should exist and be mandatory and pay us, the lawyers

Kase Im Licht
Jan 26, 2001

mastershakeman posted:

At this point I think I might need to take the relativity certification ($1k) to get anywhere solid.

WTF is a relativity certification? I've been out of the doc review game for close to 6 years but they're making people get certifications now? Relativity wasn't even a particularly good program back in the day. Cheap though, and that was getting everyone to use it, but what the hell could a certification involve?

mastershakeman
Oct 28, 2008

by vyelkin

Kase Im Licht posted:

WTF is a relativity certification? I've been out of the doc review game for close to 6 years but they're making people get certifications now? Relativity wasn't even a particularly good program back in the day. Cheap though, and that was getting everyone to use it, but what the hell could a certification involve?

It's for doing project management of doc reviews now that relativity's the only game in town (at least in Chicago where it's based). Then again, a team lead today asked another one what the "save and next" button does so I don't even know why I want to call myself a lawyer at this point.

Discendo Vox
Mar 21, 2013
Probation
Can't post for 19 hours!
.

Discendo Vox fucked around with this message at 03:37 on Jul 13, 2021

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
I've dealt with a "legal aid insurance" program type thing a few times over the years, and its basically, "will you do X for 1/3rd your hourly rate, and do it in 2 hours?" and its like, "First, no I won't, second, they don't need X, they need A, B, and C, and third its going to take alot longer than two hours, whats the loving point of your program?"

And they're usually like, "Ok, well, we'll pay a $500 general coverage contribution to their issue, and they can pay you the rest."

They're poo poo.

Nice piece of fish
Jan 29, 2008

Ultra Carp

blarzgh posted:

Not really. We have 400,000,000 people living in 50 different quasi-countries, across 3,797,000 square miles, with 4,071,000 miles of roads governed and enforced by 2 to 5 different law enforcement agencies on any one stretch.


If you have insurance, your insurance has a statutory and/or common law 'duty to defend' which means paying your legal fees, and if your the plaintiff, they're obv. going to pay the fees to try and collect the money they paid out already from the other side.

If you don't have insurance, there is no legal aid insurance worth speaking of. Thats why people aren't supposed to drive a car without insurance.

You should consider becoming a country, then. No, all jokes aside, the US is very much exceptional in many respects not the least of which is how your country is organized. You're in the weird position of being a "young" country that isn't really, because the US is one of the oldest democractic republics in the world - and it kind of shows. There's also the question of scale, which I will admit has an impact on both regulation as well as organization, politically and otherwise. A true meltingpot of chaos, if you will.

In addition to socialism, you all should consider maybe just scrapping this whole "states rights" thing, just let federal law govern everything and let states control the details through municipal directives, like the rest of the civilized world. Might help get you back up on the list of functioning democracies (I'm joking, you have to impeach Trump for that).


mastershakeman posted:

I agree legal aid insurance should exist and be mandatory and pay us, the lawyers

I should probably elaborate: While obviously, baked-in legal insurance with your car insurance doesn't really do crap if you - duh - don't have car insurance. However, the same insurance is also mandatorily tacked onto house, cabin or household inventory insurance, and it's a general insurance up to a certain amount for most civil cases, including litigation in car accidents. The coverage amount and co-pay varies, but the terms are generally the same, somewhere between 10 - 20 000,00$ legal fees covered, which will usually cover your own municipal court
costs.

So while legal aid insurance exists, it is common instead of mandatory and it pays the lawyers. In fact, lawyers are required by ethics to get paid through it, and also handle the claim for insurance coverage.


blarzgh posted:

I've dealt with a "legal aid insurance" program type thing a few times over the years, and its basically, "will you do X for 1/3rd your hourly rate, and do it in 2 hours?" and its like, "First, no I won't, second, they don't need X, they need A, B, and C, and third its going to take alot longer than two hours, whats the loving point of your program?"

And they're usually like, "Ok, well, we'll pay a $500 general coverage contribution to their issue, and they can pay you the rest."

They're poo poo.

Yeah, that sounds pretty poo poo. We've a problem with some insurance companies trying to act as direct legal insurance (you get coverage, but you have to use our in-house lawyers) which raises a lot of questions of conflict of interest (you've essentially prepaid for a lawyer through insurance, no incentive to do good or any work), independent representation and limitations on other options in terms of legal aid. It's still up in the air if these companies are going to be outlawed, which I am of the definite opinion that they should. If not for the myriad of reasons that are already there, it's pretty lovely having to fight with your insurance to get actual help when you're in the middle of a legal battle.

Hot Dog Day #91
Jun 19, 2003

Yes I'd be fine with the US becoming full socialism now but it's going to take some kind of national tragedy like electing a reality tv...Never mind.

SlyFrog
May 16, 2007

What? One name? Who are you, Seal?
Hey, I went to see the psychiatrist today, some hipster ran into my car with his bike (completely his fault, he was fine, but he dented my car), I still barely made the psychiatrist appointment and sat there for 30 minutes at an empty office waiting for him while he did not show up. I left him a voicemail asking where he was and left for my car. When I was on the road going home for five minutes he called and said he "wasn't good at bilocation hahaha and that he would need to reschedule."

10/10 would try psychiatry again A+++ seller.

Roger_Mudd
Jul 18, 2003

Buglord
Good god man. Where do you live? Come to Dallas, we all get our own personal shrink.

Hot Dog Day #91
Jun 19, 2003

Jesus Christ slyfrog you have the worst luck.

Mr. Kurtz
Feb 22, 2007

Here comes the hurdy gurdy man.

disjoe posted:

Not only do all 50 states have different laws, the states also disagree on which law to use in different cases. We're a mess, but we're trying.

The U.C.C. was great before the U.C.C. was interpreted.

Professor Funk
Aug 4, 2008

WE ALL KNOW WHAT NEEDS TO HAPPEN
I have one week left of my 3L year, no finals, just a bunch of papers that I'm trying to write by next Friday. They're absolute garbage, I've never cared about any work product less than I do these papers.

I take it this is normal?

Hot Dog Day #91
Jun 19, 2003

Professor Funk posted:

I have one week left of my 3L year, no finals, just a bunch of papers that I'm trying to write by next Friday. They're absolute garbage, I've never cared about any work product less than I do these papers.

I take it this is normal?

Completely.

Meatbag Esq.
May 3, 2006

Hmm which internet meme should go here again?

Professor Funk posted:

I have one week left of my 3L year, no finals, just a bunch of papers that I'm trying to write by next Friday. They're absolute garbage, I've never cared about any work product less than I do these papers.

I take it this is normal?

Enjoy your B+'s.

Flutieflakes017
Feb 16, 2012

only if you've been in the deepest valley can you ever know how magnificent it is to be on the highest mountain

Professor Funk posted:

I have one week left of my 3L year, no finals, just a bunch of papers that I'm trying to write by next Friday. They're absolute garbage, I've never cared about any work product less than I do these papers.

I take it this is normal?

I too have never cared less about my work product. I've gotten pretty organized and somewhat proactive about preparing for finals as I go so I think I'm still going to pull mostly A's. Without getting into details the class of 2018 at our school isn't doing much to raise the level of competition on the curve.

SlyFrog posted:

Hey, I went to see the psychiatrist today, some hipster ran into my car with his bike (completely his fault, he was fine, but he dented my car), I still barely made the psychiatrist appointment and sat there for 30 minutes at an empty office waiting for him while he did not show up. I left him a voicemail asking where he was and left for my car. When I was on the road going home for five minutes he called and said he "wasn't good at bilocation hahaha and that he would need to reschedule."

10/10 would try psychiatry again A+++ seller.

Sounds like a real douche canoe of a Doc. Sorry about that. My experience with my psychiatrist through school was that she would ask questions like "HOW MANY DRINKS DO YOU HAVE A NIGHT!?" and stare at me waiting for my answer, or "YOU'VE LOST ALOT OF WEIGHT, WHY!?" She watched my blood pressure like a hawk and never cracked a smile at any of my jokes. Her not having much of a sense of humor was a challenge for me because that's how I relate to people, deflect, manipulate others. Glad I won't be seeing her anymore since I'm graduating, leaving the state.

Good luck with your quest Slyfrog. It's going to work out.

Newfie
Oct 8, 2013

10 years of oil boom and 20 billion dollars cash, all I got was a case of beer, a pack of smokes, and 14% unemployment.
Thanks, Danny.

Professor Funk posted:

I have one week left of my 3L year, no finals, just a bunch of papers that I'm trying to write by next Friday. They're absolute garbage, I've never cared about any work product less than I do these papers.

I take it this is normal?

I just wrapped up my last two exams. Pretty sure I'm getting a C- in professional conduct because I couldn't be arsed to really study.

Professor Funk
Aug 4, 2008

WE ALL KNOW WHAT NEEDS TO HAPPEN

Newfie posted:

I just wrapped up my last two exams. Pretty sure I'm getting a C- in professional conduct because I couldn't be arsed to really study.

One of my papers is a 20 pager on legal ethics and...goodness gracious it is not good.

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disjoe
Feb 18, 2011


"...in conclusion, legal ethics is a land of contrasts. Thank you."

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