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Could a lawyer in a state with legal weed accept such as payment, though? This is fascinating.
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Aug 22, 2018 21:54
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Javid posted:Could a lawyer in a state with legal weed accept such as payment, though? This is fascinating. Payments in kind are allowed.
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Aug 22, 2018 21:59
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Phil Moscowitz posted:I like reading the discipline reports in the bar journal. I've seen numerous disbarments and suspensions of lawyers I've run into over the years, always thinking they were idiots. It's always fun to see the name of a lawyer you had a problem with in the past, read the reasons for discipline, and say, "yeah that sounds about right." Yeeeeup See, e.g., https://www.fitsnews.com/2018/07/30/todd-kincannon-proclaims-himself-as-jesus-christ-slaughters-dog/
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Aug 22, 2018 21:59
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Hieronymous Alloy posted:Yeeeeup quote:Gab – another social media platform that bills itself as more protective of free speech than Twitter. Oh is that how we're characterizing it now? The National Socialist Worker's Party - More Protective of Free Speech™️
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Aug 22, 2018 22:12
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Started a new job a few weeks ago and they just sprung a Work Product Assignment contract on me that they want me to sign. Since the job is basically writing software for a law firm I expect my employers to be more than normally aggressive in using anything I sign, so I want to be more than usually cautious. I work and live in Illinois. I also work as a staff writer for a tech news website (the job with the contract doesn't know about this). I also have released a few games for free and hope to sell my next one (desktop and mobile). Can you tell me if the contract is likely to cause me problems with either activity? The part I'm mostly worried about is section 3. Work Product. "Any and all works... computer programs... invented by You within the scope or course of your employment... whether or not on-site or during working hours ... is and shall be owned solely and exclusively by Company" LLSix fucked around with this message at 22:58 on Sep 11, 2018 |
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Aug 23, 2018 00:18
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I would probably not put that contract online just in case they might see it or link it and then go talk to an attorney since there are real IP issues involved
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Aug 23, 2018 00:21
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LLSix posted:Stuff Take the contract offline and talk to a lawyer.
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Aug 23, 2018 00:29
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LLSix posted:Started a new job a few weeks ago and they just sprung a Work Product Assignment contract on me that they want me to sign. Since the job is basically writing software for a law firm I expect my employers to be more than normally aggressive in using anything I sign, so I want to be more than usually cautious. a) Get a lawyer. b) Non-legal advice: law firms will get reaaaaaaaally pissed at moonlighting employees who don't tell the firm about it. You're a code monkey and therefore don't have ethics, but law firms have ethical obligations and failure to abide by them can have serious consequences. The firm might not care that you write for a tech news website, if you tell them... but they WILL care if they find out because a client is trying to sue the tech news website and whoops a law firm employee works for that site, or because their name gets dragged through the mud because of a story you write. Whatever the contract says (I didn't look), you will want to handle disclosing to the firm your outside employment.
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Aug 23, 2018 07:01
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Could one of the residents go into more detail and background about what a noisy withdrawal entails and looks like? Relevant due to recent national events.
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Aug 23, 2018 16:32
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LLSix posted:Started a new job a few weeks ago and they just sprung a Work Product Assignment contract on me that they want me to sign. Since the job is basically writing software for a law firm I expect my employers to be more than normally aggressive in using anything I sign, so I want to be more than usually cautious. You should at least redact the name of the company in the contract, my man. The provision you've highlighted looks pretty typical, but if you are planning on doing your own programming on the side you should consult with a local attorney before signing to get a better understanding of what you'd be signing away.
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Aug 23, 2018 20:56
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Quite a few of the IT tools that are commonly used were at one point written in house by drones to get their work done. Firms don't want to loose that cash or advantage anymore.
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Aug 23, 2018 21:05
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If I steal cash off of a restaurant table/bar that was left for the tab and tip, who am I legally stealing from? Does it matter that the staff hasn't taken delivery of the money yet (like in the Fast and the Furious where Vin Diesel hasn't taken delivery of Paul Walker's car when Johnny Tran blows it up and that's why Paul Walker has to find him another one)? Is that even a thing that matters or exists in a court case, which person the $5 was stolen from?
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Aug 23, 2018 21:44
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Don’t steal people’s tips, dude.
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Aug 23, 2018 21:51
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You're stealing from the server.
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Aug 23, 2018 21:51
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Or possibly the restaurant.
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Aug 23, 2018 22:00
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Look Sir Droids posted:Or possibly the restaurant. In which case they're stealing from the server either literally or ethically.
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Aug 23, 2018 22:02
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In California, you're stealing from the manager who then decides if his people get tips.
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Aug 23, 2018 22:07
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Can’t wait for the spirited “wouldn’t it be abandoned property?” argument from OP.
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Aug 23, 2018 22:16
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I'm pretty sure you're stealing from the dining guest - For a commercial transaction (i'm paying you for your service of my food), tender is delivery of the funds at the agreed-upon time and in the agreed upon manner (according to commercial custom in this case) but a transaction is not complete until acceptance of the tender, so while the eater has tendered the funds, the transaction has not yet consummated because the server has not 'accepted' them yet, so its still the payor's money. - Likewise if its a gift, the gift is not complete until the donee (pronounced "dough-knee") accepts it, so a gift hasn't been consummated either, and you're stealing from the donor(customer) Unless - you could argue that if time and place of tender are pre-agreed upon (on the table with the check), then the tender is deemed accepted upon delivery, but I don't remember that much about UCC
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Aug 23, 2018 22:26
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UCC can get rightly hosed
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Aug 23, 2018 22:44
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you're stealing from the waiter's drug dealer
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Aug 23, 2018 22:52
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Phil Moscowitz posted:Oh is that how we're characterizing it now? I just went to the website and why does it default to Russia as your location if you try to join (I didn't join)
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Aug 23, 2018 23:01
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blarzgh posted:I'm pretty sure you're stealing from the dining guest I would argue acceptance is implied by custom and/or regular course of business. Assuming the customer has left. Look Sir Droids fucked around with this message at 23:24 on Aug 23, 2018 |
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Aug 23, 2018 23:11
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I'd assert that payment has occurred when cash hits the table, or everyone who puts down (cost of meal + round up to nearest denomination) and leaves is committing a dine and dash because the waitress hasn't come around to take it yet.
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Aug 23, 2018 23:18
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blarzgh posted:I'm pretty sure you're stealing from the dining guest under $500 UCC can pound sand.
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Aug 23, 2018 23:25
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I feel like the realistic outcome is "they call the cops who don't show up because it's $4" possibly followed by "the cook and busboy run out and beat the poo poo out of you" depending on how tight the staff is. Ianal tho
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Aug 23, 2018 23:30
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Mr. Nice! posted:under $500 UCC can pound sand. Also having your table waited is a service, not a good. Services aren't UCC. I feel like either the restaurant or the waiter owns the tip after the customer has left, in the sense that the restaurant can refuse entry to the customer if he enters to try and get his tip back (I think, though my logic might be circular here). At that point it's an open question whether it's the restaurant or the waiter, which is probably a labor department reg more than anything else.
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Aug 24, 2018 00:01
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This will keep me up
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Aug 24, 2018 00:25
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blarzgh posted:This will keep me up Lawyers get turned on by the strangest things.
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Aug 24, 2018 01:37
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Vox Nihili posted:You should at least redact the name of the company in the contract, my man. Thank you. I should have done that yes and have now done so. Kalman posted:b) Non-legal advice: law firms will get reaaaaaaaally pissed at moonlighting employees who don't tell the firm about it. You're a code monkey and therefore don't have ethics, but law firms have ethical obligations and failure to abide by them can have serious consequences. The firm might not care that you write for a tech news website, if you tell them... but they WILL care if they find out because a client is trying to sue the tech news website and whoops a law firm employee works for that site, or because their name gets dragged through the mud because of a story you write. Whatever the contract says (I didn't look), you will want to handle disclosing to the firm your outside employment. LLSix fucked around with this message at 01:55 on Aug 24, 2018 |
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Aug 24, 2018 01:52
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Anything you do that may reflect on the firm matters. Especially when your side job is related to what you do at the firm. It’s not just ethical concerns.
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Aug 24, 2018 02:06
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I mean you can hold out for an ethical employer if you want to...
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Aug 24, 2018 02:06
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Look Sir Droids posted:Anything you do that may reflect on the firm matters. Especially when your side job is related to what you do at the firm. It’s not just ethical concerns. Yeah, especially these days when poo poo can blow up on twitter overnight.
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Aug 24, 2018 02:12
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LLSix posted:I am not clear how a business has any ethical need to know anything about what I do outside their offices, but I will take your advice and make sure they know. Like it or not, it's super easy in the US à to get fired due to conduct your employer considers inappropriate, regardless of where that conduct occurred.
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Aug 24, 2018 04:14
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Thanks for replies about stealing tips. For the record, it's not something I have done or plan to do, and I know I would be taking money out of the waiter's pocket. Followup: what if I slide someone else's tip onto my pile of cash? The bartender gets the same amount of money, but they think I'm a big tipper instead of the other guy. Is that illegal? Fraud of some kind? Also not something I plan on doing.
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Aug 24, 2018 04:30
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LLSix posted:Thank you. I should have done that yes and have now done so. It varies depending on where you work, but it’s not hard to imagine. You wanna work for a law firm. What a lawyer does in his/her free time outside the office is important, a lawyer’s ethical duty continues outside of work often, and often extends to that firms non lawyer staff. For example, if an attorney in your firm is out there shoplifting in his free time, that reflects on his trustworthiness to hold client funds, etc. the one already mentioned, a potential conflict of interest, is serious to a law firm If you work in a sensitive field, maybe national security related, weapons manufacturing, highly classified/confidential work, etc, then your employer will be very interested In what you do in your free time. You don’t stop being an employee when you leave the office
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Aug 24, 2018 04:33
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Groundskeeper Silly posted:Thanks for replies about stealing tips. For the record, it's not something I have done or plan to do, and I know I would be taking money out of the waiter's pocket. If you return to that bar, it’s fraudulent inducement by making the bartender treat you better
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Aug 24, 2018 04:35
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Groundskeeper Silly posted:Thanks for replies about stealing tips. For the record, it's not something I have done or plan to do, and I know I would be taking money out of the waiter's pocket. “Asking for a friend.”
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Aug 24, 2018 11:25
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Groundskeeper Silly posted:Thanks for replies about stealing tips. For the record, it's not something I have done or plan to do, and I know I would be taking money out of the waiter's pocket. My dude, why is this need to know legal advice? Are you writing law school exam questions?
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Aug 24, 2018 12:19
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Look Sir Droids posted:My dude, why is this need to know legal advice? Are you writing law school exam questions? In the day this thread was a mix of people asking 'hypothetical' questions and people asking genuine hypotheticals about how the law works. "Who am I technically stealing from if I take a tip that hasn't been picked up yet?" is actually one of the more interesting ones.
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Aug 24, 2018 12:55
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