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Kalman
Jan 17, 2010

Pretty sure our first years get billed out at 500/hr these days.

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Vargatron
Apr 19, 2008

MRAZZLE DAZZLE


Is it correct to assume that rates for things like real estate contracts are going to be less than rates for CORPORATE ESPIONAGE? I guess it also would depend on the complexity and effort of the issue the lawyer is working on.

Arcturas
Mar 30, 2011

Vargatron posted:

Is it correct to assume that rates for things like real estate contracts are going to be less than rates for CORPORATE ESPIONAGE? I guess it also would depend on the complexity and effort of the issue the lawyer is working on.

Yeah, this will vary wildly based off where you live and the complexity of the work. For complex real estate transactions (sale of a building or sub development or condo complex or mall or strip mall or factory with attendant property or something where you need to keep all the leases going, etc) it can make a lot of sense to hire a more expensive, more specialized partner that charges higher rates. But a more basic contract (simple residence that for some reason doesn't work with the form REPC in your state, farmhouse, whatever) then yeah, you could go to a smaller practice with lower rates. Or all of this is different if you live in a cheaper market-basically anywhere farther away from a bigger city.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

nm posted:

The prostitutes actually get you off.

:drat:

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.
The distribution of legal work is neither normal nor homogeneous. The idea that the amount you should pay a lawyer for a specific task, hourly, is based entirely on the mean rate of a survey geographic location, or any other single metric, is laughably poor. That USAO matrix is really, really bad. It's especially bad to base that on DC, because...

Zauper posted:

Please do give me 9 reasons why DC rates aren't a good metric for DC lawyers.
1. Roberts
2. Kennedy
3. Thomas
4. Ginsburg
5. Breyer
6. Alito
7. Sotomayor
8. Kagan
9. Gorsuch

...it's probably going to include rates for people practicing before SCOTUS. Also the circuit court.

All of this is beyond you adding in DC as a frame of reference for pay after making the flat 500/hour assertion "for legal work".

Discendo Vox fucked around with this message at 15:17 on May 1, 2017

xxEightxx
Mar 5, 2010

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

Kalman posted:

Pretty sure our first years get billed out at 500/hr these days.

With the partner's rubber stamp so it's just like the partner did it himself.

Phil Moscowitz
Feb 19, 2007

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

Hot Dog Day #91 posted:

So you're probably fine. Why do you care if he is? He may have had a contract or noncompete. But generally speaking, there is no law against hiring people from another company. He'd have to be barred by some employment contract.

So this isn't strictly a legal question but if new boss has some kind of non-compete/non-solicitation provision, then the old company can sue him (and his new business) into oblivion and leave our brave lateral hire swinging in the wind.

Subjunctive
Sep 12, 2006

✨sparkle and shine✨

Assuming he's somewhere where those are enforceable, of course.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Right, but it's a little more complicated than "Who cares if the guy starting his own competing business is be prohibited from poaching employees for that business? You aren't a party to that contract so you can work wherever you want!"

e. I just re-read the OP and I misunderstood. I thought the guy was starting his own company, not going to a different one.

Zauper
Aug 21, 2008


EwokEntourage posted:

Except he paid a lawyer $8k (and probably will pay more if the first review took up 6 of that 8k) for a $10k buy in that he said he wasn't worried about losing

I'm not him, I don't know all the facts, and please keep paying lawyers. Paying a lawyer $500 an hour isn't outrageous, it might be towards the high end in average but it's not close to the high end of some lawyers out there. It sounds kinda odd from the facts and dollar amounts he gave us, but he (presumably) made an educated choice about it

The buy in is just token money for the amount of equity I'm receiving so that I have some skin in the game, which is part of why the OA is important. Based on prior revenue/profit, we're looking at 2 years to return all of my money -- including lawyer fees of ~10k -- if nothing we do increases revenue or decreases cost, and it is highly unlikely for revenue to decline or costs to increase.

It's bad financially because I could be spending my time consulting on the side instead and making more money, but it would be less fun.

Discendo Vox posted:

The distribution of legal work is neither normal nor homogeneous. The idea that the amount you should pay a lawyer for a specific task, hourly, is based entirely on the mean rate of a survey geographic location, or any other single metric, is laughably poor. That USAO matrix is really, really bad. It's especially bad to base that on DC, because...

1. Roberts
2. Kennedy
3. Thomas
4. Ginsburg
5. Breyer
6. Alito
7. Sotomayor
8. Kagan
9. Gorsuch

...it's probably going to include rates for people practicing before SCOTUS. Also the circuit court.

All of this is beyond you adding in DC as a frame of reference for pay after making the flat 500/hour assertion "for legal work".

This seems like a terrible argument. Perhaps DC has a higher % of members barred at the supreme court than elsewhere, but that isn't really going to change rates. The small fraction of those who actually argue in front of the supreme court aren't going to meaningfully impact overall rates -- even if every lawyer that argued in front of the SC lived in DC, and none of them argued more than one case, you'd be looking at what, 400 per year? That's 0.1% of lawyers in the area. In 2012, the 'most successful' lawyer in front of the SC was billing $1k/hour. Corporate rates are hitting $2k, and involve a ton more lawyers.

Ok. Average rate for $9.5B worth of invoices in 2013 was... over 500 for partners, 370 for associates. http://masslawyersweekly.com/2013/10/11/the-going-rates/. Looks awfully similar.

Yes, there will be regional variation. ~80% of the US population are in urban areas, so it seems reasonable to focus on those areas when talking about expectations, not what you might pay in the middle of nowhere nebraska. The Laffey matrix -- the precursor to what I referenced -- has also been used by HHS, SSA, IRS, DOT as good evidence for market rates nationally, and is generally accepted (by the courts) unless you have more specific evidence. And.. conveniently it seems to map. There's another source that's also broadly accepted, the real rate report -- i linked a story about the 2013 rates above -- here's some more recent data from that: http://www.callawyer.com/2015/11/how-to-prove-an-attorneys-reasonable-hourly-rates/. You have to pay for the actual report, so that's not happening.

It seems to.... map pretty well to the Laffey matrix. I guess DC is a pretty good approximation, and actually follows the opposite of the trend you seemed to argue it would -- low at the high end of experience and high at the low end of experience.

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.
The masslawyer article is pulling data only from sizeable firms (that are willing to report their numbers), and the CA article contradicts your own assertion (as well as still presenting a falsely homogenized distribution of sets).

Kalman
Jan 17, 2010

xxEightxx posted:

With the partner's rubber stamp so it's just like the partner did it himself.

What? No. First a senior associate or counsel reviews it (650-850/hr) and THEN the partner gives it a brief review just in case (950+/hr). If you just rubber stamp it where's the money?

Then the client complains and (if they're big enough) we cut them a 15% discount across the board and write off some first year time.

Hot Dog Day #91
Jun 19, 2003

Phil Moscowitz posted:

Right, but it's a little more complicated than "Who cares if the guy starting his own competing business is be prohibited from poaching employees for that business? You aren't a party to that contract so you can work wherever you want!"

e. I just re-read the OP and I misunderstood. I thought the guy was starting his own company, not going to a different one.

That's how I read it. Im assuming that the new company already looked into this. But then again, people are idiots.

It's an honor to be corrected by you though Phil.

Unload My Head
Oct 2, 2013
https://www.reddit.com/r/legaladvice/comments/68hwlr/california_my_house_burnt_down_im_being/

quote:

California - My house burnt down, I'm being threatened by the home builder for infringing on their IP because it is being rebuilt. (self.legaladvice)

submitted 1 day ago by StrangeHomeBuilder

This is in cookie cutter suburbia, in California.
The overall story is a bit messy, so I will keep this as short and to the point as possible.
My homeowners insurance is helping me out here, so I "have a lawyer" but I wanted to see what you folks thought of this, as I have a phone meeting with my insurance company's lawyer tomorrow.
Here's what's going on:
My house burnt down early this year. Total loss. No one was injured, but all my personal belongings are just gone.
The source of the fire was electrical related (not my fault). The fire department said it was likely a charging lithium battery (my homeowners insurance is dealing with that situation)
The house is only 3 years old.
I purchased the house brand new, had some semi-custom things done to it, and actually had a great time with the home builder
Two months ago, once the dust settled, I reached out to the home builder (who is well known) to see how we could acquire the blueprints for my home...or at a minimum, the blueprints for my model. I also inquired about how I could engage them to rebuild my home as I am not planning on moving out of this neighborhood (I really like it here).
They took my info and said that they would get back to me. A few days later I heard from them regarding me/my insurance hiring them to rebuild. They said they are not set up for that and would like to help, but could not...bummer, but no big deal. I once again inquired about the blueprints. They said they would have to get back to me.
Eventually they got back to me after several days and said that they would not release the blueprints to me as they are their intellectual property. Serious bummer, but whatever...
My insurance company found a local reputable home builder and they started the rebuild 5 weeks ago.
Last week I got a cease and desist letter (with a threat to sue) form the original home builder saying that I/we were infringing on their intellectual property, they specifically called out the design of the house. Basically they know (due to the home being in an HOA) that the house will be designed back to the exact way it was before the home burned down.
Soooooo, I have a meeting tomorrow with my homeowners insurance lawyer regarding this situation.
Have any of you ever heard of such a crazy situation? What can I expect out of this situation? My agent said she has never encountered anything like this before and she's dealt with tons of total losses for homes that get rebuilt.
Does the original home builder have any legal legs to stand on here?

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.
One of the replies starts

"OP here's what i would do. I am an intern architect"

Alchenar
Apr 9, 2008

So in the UK the plans would have been lodged with the local council for the planning application. Does that happen in the US or does having the government know whether your house is structurally sound make Jefferson spin in his grave?

Alchenar fucked around with this message at 16:26 on May 2, 2017

Unload My Head
Oct 2, 2013

Alchenar posted:

So in the UK the plans would have been lodged with the local council for the planning application. Does that happen in the US or does having the government know whether your house is structurally sound making Jefferson spin in his grave?

In theory, yes, and that is likely what his new contractor is working off of.

In practice there can be vast discrepancies between what the city has records of and what is actually built.

BonerGhost
Mar 9, 2007

I'm not going to dig through Reddit. I take it the blueprints were the builder's/architect's design, rather than a work-for-hire type of contract?

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

yikes

comedy copyright exhaustion + ship of theseus

failing that fair use because gently caress it it's equitable

22 Eargesplitten
Oct 10, 2010



Colorado: do I need to have filed a police report to sure for theft? I was trying to negotiate an agreement with a former landlord for some illegally disposed of / stolen property, and I've realized they are just stonewalling me. It's still within the statute of limitations, but it's been maybe 10 months.

If I didn't have to, I'll call a lawyer. Suing for treble damages plus legal fees will probably get them to take it seriously.

joat mon
Oct 15, 2009

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

22 Eargesplitten posted:

Colorado: do I need to have filed a police report to sure for theft? I was trying to negotiate an agreement with a former landlord for some illegally disposed of / stolen property, and I've realized they are just stonewalling me. It's still within the statute of limitations, but it's been maybe 10 months.

If I didn't have to, I'll call a lawyer. Suing for treble damages plus legal fees will probably get them to take it seriously.

It sounds like you'd be suing for conversion and (perhaps) violation of the landlord-tenant laws on handling tenant property. A police report is not required. Depending on your facts, contemporary police report could have been helpful, or maybe not. Contact an attorney. The triple damages part may get them interested.

22 Eargesplitten
Oct 10, 2010



Okay. I've got an email trail of them admitting they destroyed the property, so that should help. I'll call my state's referral line in the OP. There's other details, but the lawyer would probably tell me to delete them from this post anyway.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
If he's still in Colorado maybe TenementFunster can take up your case and both of you make some money.

22 Eargesplitten
Oct 10, 2010



I don't think he would lower himself to coming up to Fort Collins.

Or was that not a joke post?

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.

22 Eargesplitten posted:

I don't think he would lower himself to coming up to Fort Collins.

Or was that not a joke post?

Semi-serious. I honestly have no idea what he's up to just remember he lost his job 2 years ago or so and is a colorado attorney.

Bobatron
May 12, 2007

let me tell you of a
place called Cylesborgia,
where robosexuals and
lesbians live together
in harmony :roboluv:

WhiskeyJuvenile posted:

yikes

comedy copyright exhaustion + ship of theseus

failing that fair use because gently caress it it's equitable

Could also argue that each element in the new building is required architectural​ly or generic and therefore​ not protected under the law. It's a Longshot though.

Unload My Head
Oct 2, 2013

22 Eargesplitten posted:

Okay. I've got an email trail of them admitting they destroyed the property, so that should help. I'll call my state's referral line in the OP. There's other details, but the lawyer would probably tell me to delete them from this post anyway.

Not picking on you but are you certain they actually broke the law? Colorado is pretty loose with tenant property. 30 days, then one certified letter, then 15 more days, and then it all goes in the dumpster.

Human Tornada
Mar 4, 2005

I been wantin to see a honkey dance.
I know in America the police can say all kinds of different things to trick you into incriminating yourself, but are there legal limits? I'm mainly wondering if the police could falsely threaten you with jail time if you don't comply, e.g. "if you don't give us a DNA sample you're guilty of obstruction of justice and we can arrest you on the spot."

I mean I know that in practice our police just do whatever and get away with literal murder all the time but I'm curious about what the law says.

Woof Blitzer
Dec 29, 2012

[-]

Human Tornada posted:

I know in America the police can say all kinds of different things to trick you into incriminating yourself, but are there legal limits? I'm mainly wondering if the police could falsely threaten you with jail time if you don't comply, e.g. "if you don't give us a DNA sample you're guilty of obstruction of justice and we can arrest you on the spot."

I mean I know that in practice our police just do whatever and get away with literal murder all the time but I'm curious about what the law says.

Whole lot to unpack here

Human Tornada
Mar 4, 2005

I been wantin to see a honkey dance.

Woof Blitzer posted:

Whole lot to unpack here

Just wondering if they have carte blanche to say "do X or you're guilty of a crime and we'll arrest you right now" when it's not true or if that's (legally) off-limits.

This is 110% hypothetical.

Wheat Loaf
Feb 13, 2012

by FactsAreUseless
UK property law question: when you're drafting a TR1 in relation to a property purchase, what covenants do you need to list in the Additional Provisions panel? Do you need to include every covenant or can you leave out those which aren't already included in the contract for the purchase?

Skunkduster
Jul 15, 2005




A friend of mine is in jail (yet again), so I looked up the county jail roster to see what they were in for.

1 Firearm or Ammunition Violation Conv Violent Crime - Felony
2 5 Deg Cont Subs Possess Sch 1, 2, 3, 4 Not Sm Amt MJ - Felony
4 DAS Driving after Suspension - Misdemeanor

Charges 2 and 4 are pretty much what I expected to see as they are on currently on probation for similar charges they picked up about 7 months ago. Charge 1 has me curious. This person has no previous charges nor convictions of any violence or weapons. They are also the type of person who is scared to be around guns and I cannot image them actually holding one. What kind of scenario could have gotten them that charge? Also, what does "Conv" mean in the charge?

joat mon
Oct 15, 2009

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

SkunkDuster posted:

A friend of mine is in jail (yet again), so I looked up the county jail roster to see what they were in for.

1 Firearm or Ammunition Violation Conv Violent Crime - Felony
2 5 Deg Cont Subs Possess Sch 1, 2, 3, 4 Not Sm Amt MJ - Felony
4 DAS Driving after Suspension - Misdemeanor

Charges 2 and 4 are pretty much what I expected to see as they are on currently on probation for similar charges they picked up about 7 months ago. Charge 1 has me curious. This person has no previous charges nor convictions of any violence or weapons. They are also the type of person who is scared to be around guns and I cannot image them actually holding one. What kind of scenario could have gotten them that charge? Also, what does "Conv" mean in the charge?

Not knowing the jurisdiction, I'd guess that it's possession of a firearm after a previous felony "conv"iction. The statute title (and its abbreviation) may date back to when the prohibition of firearms applied only to prior violent convictions (late 60s) - now it's all felonies and then some.
In this sense, possession of the firearm is more like presence of a firearm.

Javid
Oct 21, 2004

:jpmf:
My legal advice to you is to get better friends.

Woof Blitzer
Dec 29, 2012

[-]

Javid posted:

My legal advice to you is to get better friends.

Nice piece of fish
Jan 29, 2008

Ultra Carp

Javid posted:

My legal advice to you is to get better friends.

This is good general legal advice. Another would be: Make sure you pay your lawyer. Do it. Pay the gently caress up.

spacetoaster
Feb 10, 2014

Nice piece of fish posted:

This is good general legal advice. Another would be: Make sure you pay your lawyer. Do it. Pay the gently caress up.

Do you accept guns as payment?

Nice piece of fish
Jan 29, 2008

Ultra Carp

spacetoaster posted:

Do you accept guns as payment?

If you mean the royal You, then no. If you mean just me, then also no.

dpkg chopra
Jun 9, 2007

Fast Food Fight

Grimey Drawer

Nice piece of fish posted:

If you mean the royal You, then no

Oh, "you people". Because all lawyers are the same, right?

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Bad Munki
Nov 4, 2008

We're all mad here.


Whoa now, nobody said lawyers are people.

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