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euphronius
Feb 18, 2009

Telling someone they have a case or not establishes an attorney client relationship 100% and you aren’t getting paid for it . Bad idea

euphronius fucked around with this message at 00:13 on Aug 4, 2019

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Kimsemus
Dec 4, 2013

by Reene
Toilet Rascal

euphronius posted:

Telling someone they have a case or not establishes an attorney client relationship 100% and you aren’t getting paid for it . Bad idea

No it doesn't

please stop posting.

euphronius
Feb 18, 2009

Kimsemus posted:

No it doesn't

please stop posting.

Hahah ok.

VanSandman
Feb 16, 2011
SWAP.AVI EXCHANGER

Are you drunk shitposting?

evilweasel
Aug 24, 2002

euphronius posted:

They aren’t going to tell you if you have a case for free. That’s not what a free consult is. In my opinion . Maybe lawyers do that but that seems unwise.
Especially in probate !!!

My point is what is he expecting ? If he has a case I’d imagine the lawyer would require 2k-5k deposit and this guy can’t pay for an hour !

I would do that and basically every lawyer I'm aware of will get a description of what the matter is and advise the potential client if it's worth retaining them before taking the matter.

euphronius posted:

Telling someone they have a case or not establishes an attorney client relationship 100% and you aren’t getting paid for it . Bad idea

By doing any client intake interview and explaining if you think it makes sense to retain you may get you conflicted out of the matter if the other side wants to hire you but that's very different from forming an attorney client relationship.

Nonexistence
Jan 6, 2014
If guy is still looking at thread, most probate attorneys will give you a free consult, yes it will evaluate the quality of your case, yes they may expect an advance fee to bill against but many probate attorneys accept the majority of their billing coming out of your share of the estate.

The worst and most frequent mistake people in your position make is saying "well I can't afford $100 to explore my options or $2k to start this attorney rolling so I guess I'll just roll over and kiss my 100k+ inheritance goodbye with no resistance." The second worst and most frequent is waiting to do the math and figuring $2k for $100k+ is a pretty ok investment and acting on it when it's too late for your attorney to prevent deadbeat executor from blowing the estate on meth and beanie babies.

euphronius
Feb 18, 2009

evilweasel posted:

I would do that and basically every lawyer I'm aware of will get a description of what the matter is and advise the potential client if it's worth retaining them before taking the matter.
.

Fair but I have not experienced probate attorneys (including me) doing that for free. It seems to happen as you say.

evilweasel posted:




By doing any client intake interview and explaining if you think it makes sense to retain you may get you conflicted out of the matter if the other side wants to hire you but that's very different from forming an attorney client relationship.



Yes but you are still incurring office costs by having to do up a file and then conflicts check responsibility. I would charge in probate tho as you are 99% going to read and interpret a will (or an intestate document) which is a big time liability hook. Other matters like employment discrimination can be disposed of with not too much analysis as - as you say - saying whether it “makes sense to hire me” without making an overall statement about their case. Usually one can back out of bad cases without creating any potential liability by just quoting a high deposit (like 5k)

(This is all different for plaintiffs law stuff like personal injury etc as I mentioned)

euphronius fucked around with this message at 01:29 on Aug 4, 2019

euphronius
Feb 18, 2009

Nonexistence posted:

If guy is still looking at thread, most probate attorneys will give you a free consult, yes it will evaluate the quality of your case, yes they may expect an advance fee to bill against but many probate attorneys accept the majority of their billing coming out of your share of the estate.

The worst and most frequent mistake people in your position make is saying "well I can't afford $100 to explore my options or $2k to start this attorney rolling so I guess I'll just roll over and kiss my 100k+ inheritance goodbye with no resistance." The second worst and most frequent is waiting to do the math and figuring $2k for $100k+ is a pretty ok investment and acting on it when it's too late for your attorney to prevent deadbeat executor from blowing the estate on meth and beanie babies.

This is true you should def pony up a nominal fee ($100-300) for good advice.

Kimsemus
Dec 4, 2013

by Reene
Toilet Rascal

your last 5 posts or so have convinced me you're either drunk, had a stroke, or aren't a lawyer (at least not in the US). The fundamental lack of understanding regarding the formation of an attorney-client relationship, common business practice dictated by most bar associations, and making GBS threads on a potentially indigent person with a legal problem is all troubling.

Kimsemus fucked around with this message at 01:51 on Aug 4, 2019

euphronius
Feb 18, 2009

Kimsemus posted:

your last 5 posts or so have convinced me you're either drunk, had a stroke, or aren't a lawyer (at least not in the US). The fundamental lack of understanding regarding the formation of an attorney-client relationship, common business practice dictated by most bar associations, and making GBS threads on a potentially indigent person with a legal problem is all troubling.

I take your criticism seriously and assume it was meritorious. I reread my posts with your criticism in mind and determined they are fine. I am pretty confident about my understanding of the formation of attorney client relationships and (more importantly) malpractice liability. If you can point out specifically how I’m wrong I’ll listen.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
Some legal questions can be answered with information. Others can only be answered with advice.

It's true that in Probate and Divorce, often times there are a number of practical steps before filing anything that, while couched as requests for information are really requests for advice. Lots of times, "Is it legal to ________" really means, "If you say yes, I'm going to do ________" and "Do I have a case?" can mean "If you say yes, I'm going to start taking poo poo and closing bank accounts because a lawyer told me I would win."

Probate and Divorce attorneys are particularly sensitive to this, so Euphonius is not totally off base here.

Kimsemus
Dec 4, 2013

by Reene
Toilet Rascal

euphronius posted:

I take your criticism seriously and assume it was meritorious. I reread my posts with your criticism in mind and determined they are fine. I am pretty confident about my understanding of the formation of attorney client relationships and (more importantly) malpractice liability. If you can point out specifically how I’m wrong I’ll listen.

I mean I don't know where to start -- again, you're telling someone a probate lawyer won't give him a free consult to establish the bare facts like can I take your case which is almost universally untrue.

You're demanding/thinking fees are reasonable for doing what amounts to your own due diligence in cases as part of a prelim.

You're asserting that providing advice like "do I have a viable case" is worth a "nominal" fee of $100-$300, because it's "good advice," which is just loving stupid. Answering that question is what every attorney on the planet has to do before they consider taking a case and you want to charge someone with limited funds for it -- which belies either a lack of care or lack of understanding about the profession. Maybe both.

You're asserting that this free consult, if you determine there is no case in your opinion, constitutes an attorney client relationship is objectively false. Unless you're just catastrophically mismanaging expectations and communicating poorly, I don't see how that's possible. This is incredibly basic, base-level MPC stuff.

I'm not trying to derail the thread anymore, but you have someone with a genuine concern, who's made the bad decision to post ITT about it, and you could be materially affecting their decision to exercise their legal rights without no care whatsoever. All of this adds up to me to say you either don't know the rules/best practices/common practice/professional ethics and just don't care, or you're just drunk/stoned shitposting.

I could be wrong, but that's my genuine list of concerns. And I hate, hate hate, especially if someone is too poor to afford a lawyer, that some people poo poo on people with likely genuine legal problems which worsens a confusing, complex, and often stressful and anxiety inducing situation.

Either way, if OP is still reading this thread, PM me and I'll try and help you.

Kimsemus fucked around with this message at 02:10 on Aug 4, 2019

euphronius
Feb 18, 2009

Kimsemus posted:

I mean I don't know where to start -- again, you're telling someone a probate lawyer won't give him a free consult to establish the bare facts like can I take your case which is almost universally untrue.

You're demanding/thinking fees are reasonable for doing what amounts to your own due diligence in cases as part of a prelim.

You're asserting that providing advice like "do I have a viable case" is worth a "nominal" fee of $100-$300, because it's "good advice," which is just loving stupid. Answering that question is what every attorney on the planet has to do before they consider taking a case and you want to charge someone with limited funds for it -- which belies either a lack of care or lack of understanding about the profession. Maybe both.

You're asserting that this free consult, if you determine there is no case in your opinion, constitutes an attorney client relationship is objectively false. This is incredibly basic, base-level MPC stuff.

I'm not trying to derail the thread anymore, but you have someone with a genuine concern, who's made the bad decision to post ITT about it, and you could be materially affecting their decision to exercise their legal rights without no care whatsoever. All of this adds up to me to say you either don't know the rules/best practices/common practice/professional ethics and just don't care, or you're just drunk/stoned shitposting.

[/b]Either way, if OP is still reading this thread, PM me and I'll try and help you.[/b]

As I thought you didn’t carefully read what I said and are otherwise criticizing other positions which I’d did not put forth . Other than the practical office economics things which is a matter of honest opinion and regional difference I suppose.

So anyway no I don’t agree with your criticism. I think you should move on.

If you think giving legal advice to a client in your office looking for legal advice from you doesn’t create an ac relationship or malpractice liability I don’t know what to tell you.

euphronius fucked around with this message at 02:14 on Aug 4, 2019

Kimsemus
Dec 4, 2013

by Reene
Toilet Rascal
Let me put it this way -- there may be some variation there depending on locale and situation and client expectation.

I'm more riled up that you're presenting like no lawyer would give him a free consult and that the notion is crazy (it's not). I personally think if you want you can charge an indigent person $100-300 for "good advice" they know they can't pay to answer a question that requires virtually no effort on your part, you can. It's repugnant and most lawyers would do it for free as part of said consult, but you do you.

Kimsemus fucked around with this message at 02:23 on Aug 4, 2019

euphronius
Feb 18, 2009

Virtually no effort ? Maintaining an office, a license, malpractice insurance, advertising, the cost of the law degree!!!, staff, etc all make it possible to give “free advice” for “no effort”. there is no such thing as no effort legal advice. The free consult literally costs the cost of the file and the space to store it and index it and as mentioned incorporate it into a conflicts database. Not to mention it takes time away from when you should be working for clients who pay you.

ESP in the case of probate as has been mentioned which will 99% require the reading and interpretation of a will (or if intestate some letter from an administrator or the clerk of the probate court). Which is literally legal advice and what we should be charging for and which 100% creates potential malpractice liability.

The case is different as I have said like 3 times in plaintiff work (like personal injury) where the business model is set up around routine and constant determination of potential cases (usually done by staff).

Maybe some people in probate do free legal advice but I would not.

euphronius fucked around with this message at 02:33 on Aug 4, 2019

Kimsemus
Dec 4, 2013

by Reene
Toilet Rascal
I think there is a clear generational/philosophical difference on practice presenting here.

But more importantly, he's in my home state so I'll sort him with a probate lawyer that will answer most of his preliminary questions for free.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
I’m drunk as gently caress and want joinder NOW

Veni Vidi Ameche!
Nov 2, 2017

by Fluffdaddy
If I wanted an airtight contract to buy or sell a soul, would I seek out a specific type of lawyer, or would I just go to the first one willing to roll his eyes and write the contract? Would I find one to do that? I don't want "BART'S SOUL" on a sheet of paper. I want a couple pages of legalese.

Javid
Oct 21, 2004

:jpmf:
Airtight under what legal system? Johnnie Cochran is probably admitted to practice in Hell by now, if you can afford him.

Veni Vidi Ameche!
Nov 2, 2017

by Fluffdaddy

Javid posted:

Airtight under what legal system? Johnnie Cochran is probably admitted to practice in Hell by now, if you can afford him.

Sorry. United States, and land of the living.

Discendo Vox
Mar 21, 2013

We don't need to have that dialogue because it's obvious, trivial, and has already been had a thousand times.
There's no such thing as an airtight contract, especially not for someone's soul.

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."

Discendo Vox posted:

There's no such thing as an airtight contract, especially not for someone's soul.

loving mandatory fiddle contest clauses.
Let the free market work.

Nice piece of fish
Jan 29, 2008

Ultra Carp



Ladies, ladies, please. Relax.

You're both wrong.

Eminent Domain
Sep 23, 2007



Nice piece of fish posted:

Ladies, ladies, please. Relax.

You're both wrong.

This will be settled in the court of P Barnes.

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."

Eminent Domain posted:

This will be settled in the court of P Barnes.

You guys are really overstepping your bounds.

Empress Brosephine
Mar 31, 2012

by Jeffrey of YOSPOS
Question

My employer called my doctor this morning, told what I suspect is a lie and got them to release me from the no working stipulation they gave me a few days ago to a light duty one. My question is do they have the right to do this and request my medical records? I don’t care about the work part but the fact that a random person at work has my SS# now and that they were able to alter my work orders when they want?

Thanks all.

toplitzin
Jun 13, 2003


Empress Brosephine posted:

Question

My employer called my doctor this morning, told what I suspect is a lie and got them to release me from the no working stipulation they gave me a few days ago to a light duty one. My question is do they have the right to do this and request my medical records? I don’t care about the work part but the fact that a random person at work has my SS# now and that they were able to alter my work orders when they want?

Thanks all.

IANAL but i wonder, did you sign a HIPPA release for your employer?

Empress Brosephine
Mar 31, 2012

by Jeffrey of YOSPOS
I do not think so I only allowed my lawyer and my workmans comp to get it. This was the GM calling up randomly.

evilweasel
Aug 24, 2002

Empress Brosephine posted:

I do not think so I only allowed my lawyer and my workmans comp to get it. This was the GM calling up randomly.

if you have a lawyer already this sure seems like a question to ask them!

Empress Brosephine
Mar 31, 2012

by Jeffrey of YOSPOS
Oh I am, I just wanted to see if it’s unprecedented or not. Don’t want to seem like the boy who called wolf to the lawyer.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

evilweasel posted:

if you have a lawyer already this sure seems like a question to ask them!

Also https://www.hhs.gov/hipaa/filing-a-complaint/index.html but yeah talk to your lawyer first as pissing off your doctor might not be a good idea

euphronius
Feb 18, 2009

When you say your doctor are you sure it’s not a workers comp situation.

Empress Brosephine
Mar 31, 2012

by Jeffrey of YOSPOS
Yes it’s workmansnconp sorry.

euphronius
Feb 18, 2009

Oh I see you say workers Comp later.

Some light reading

https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/disclosures-workers-compensation/index.html


In PA you waive privacy when you file a claim.

euphronius fucked around with this message at 18:57 on Aug 5, 2019

Soothing Vapors
Mar 26, 2006

Associate Justice Lena "Kegels" Dunham: An uncool thought to have: 'is that guy walking in the dark behind me a rapist? Never mind, he's Asian.
edit: forget it, I forgot this guild of protectionist idiots is too far up their own asses to bother to help a non-member of their lovely club. I'll find my answers elsewhere.

Soothing Vapors fucked around with this message at 19:33 on Aug 5, 2019

HookShot
Dec 26, 2005

VanSandman
Feb 16, 2011
SWAP.AVI EXCHANGER

Soothing Vapors posted:

So I'm a little frustrated by the Michigan Court right now and I thought maybe one of the guild members in this thread could shine some light on exactly how you get a Court officer to back off.

A little background: in 2016 my neighbors to the left and right of my homestead spent a LOT of effort decorating their yards with political signs. They had different political views so it seemed like they were trying to 1-up each other. The left neighbor (let's call her Debbie Democrat) put up a TON of Hillary signs and the right neighbor (Reggie Republican) of course put up a bunch of pro-Trump garbage. My wife and I don't believe in the u.s. federal system so it was a little obnoxious to us, and we gently but firmly reminded our neighbors of our property rights and asked them to take their signage down. They of course refused.

Flash forward to 2018 and I've saved up the money to put up a little signage of my own in front of of my own homestead. - its a 12 sheet billboard framed in a very tasteful light halo. together, with the Gadsden flag emblazoned on it. We also installed some floodlighting to accentuate the design and draw attention to it, and rigged some LEDs to make both the snake and the words "DON'T TREAD ON ME" glow.

I will admit we were being a little petty and wanted to piss off our extremely rude neighbors, but we were unprepared for both how Debbie and Reggie lost their minds. Police were called (we did not allow them on our property of course), reports were made to the city (We ignored the letters from the City, who have no Jurisdiction over MY sovereign lawn) and so forth. Lots of dumb drama for months. Making a long story short, we got a letter from the Michigan Court a few months ago saying that our neighbors had sued us for creating a nuisance percy and the Court wanted us to appear in person.

My wife and I wrote a very polite but very firm letter back to the Court saying that we did not consent to the jurisdiction of the Michigan Court and so we would not be appearing, as it was none of the Michigan Court's business. We received a letter back from the Court saying that our letter was an answer, which it obviously was, and there were some dates listed. Since we had already explained politely to the Court that my billboard was not their concern, I threw the second letter away and thought no more of it.

Last week my wife apparently received a letter from the Michigan Court stating that we now had some sort of liability to our neighbors. She threw it away and so I'm not sure exactly what that liability is supposed to . But so what exactly do I need to do to get it through the Michigan Court's head that I will not be taking my sign down and that this is none of their concern? And given that they arleady acknowledged that I answered their Court letter with a rejection, what is the point of continuing this conversation? I'm assuming the issue here is just some petty overzealous clerk trying to flex his muscle. How do you find a Court clerk's supervisor?

Source your quotes.

Soothing Vapors
Mar 26, 2006

Associate Justice Lena "Kegels" Dunham: An uncool thought to have: 'is that guy walking in the dark behind me a rapist? Never mind, he's Asian.
Great posts guys. Very helpful.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Legal advice: continue to throw away and ignore all letters, summonses, and other papers you receive. DO NOT CREATE JOINDER

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Bad Munki
Nov 4, 2008

We're all mad here.


Oh poo poo we got a live one

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