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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 |
# ? Aug 4, 2019 00:04 |
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# ? May 29, 2024 12:34 |
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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.
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# ? Aug 4, 2019 00:07 |
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Kimsemus posted:No it doesn't Hahah ok.
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# ? Aug 4, 2019 00:13 |
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euphronius posted:Hahah ok. Are you drunk shitposting?
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# ? Aug 4, 2019 00:25 |
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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. 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 arent 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.
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# ? Aug 4, 2019 00:39 |
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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.
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# ? Aug 4, 2019 00:39 |
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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:
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 |
# ? Aug 4, 2019 01:01 |
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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. This is true you should def pony up a nominal fee ($100-300) for good advice.
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# ? Aug 4, 2019 01:03 |
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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 |
# ? Aug 4, 2019 01:48 |
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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.
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# ? Aug 4, 2019 01:57 |
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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.
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# ? Aug 4, 2019 02:05 |
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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 |
# ? Aug 4, 2019 02:06 |
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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. 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 |
# ? Aug 4, 2019 02:10 |
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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 |
# ? Aug 4, 2019 02:19 |
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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 |
# ? Aug 4, 2019 02:29 |
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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.
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# ? Aug 4, 2019 02:33 |
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I’m drunk as gently caress and want joinder NOW
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# ? Aug 4, 2019 05:37 |
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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.
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# ? Aug 4, 2019 05:49 |
Airtight under what legal system? Johnnie Cochran is probably admitted to practice in Hell by now, if you can afford him.
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# ? Aug 4, 2019 06:01 |
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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.
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# ? Aug 4, 2019 06:16 |
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There's no such thing as an airtight contract, especially not for someone's soul.
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# ? Aug 4, 2019 07:46 |
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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.
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# ? Aug 4, 2019 08:17 |
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Ladies, ladies, please. Relax. You're both wrong.
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# ? Aug 4, 2019 09:53 |
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Nice piece of fish posted:Ladies, ladies, please. Relax. This will be settled in the court of P Barnes.
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# ? Aug 4, 2019 15:00 |
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Eminent Domain posted:This will be settled in the court of P Barnes. You guys are really overstepping your bounds.
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# ? Aug 5, 2019 06:37 |
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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.
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# ? Aug 5, 2019 17:57 |
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Empress Brosephine posted:Question IANAL but i wonder, did you sign a HIPPA release for your employer?
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# ? Aug 5, 2019 18:17 |
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I do not think so I only allowed my lawyer and my workmans comp to get it. This was the GM calling up randomly.
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# ? Aug 5, 2019 18:22 |
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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!
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# ? Aug 5, 2019 18:23 |
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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.
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# ? Aug 5, 2019 18:24 |
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
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# ? Aug 5, 2019 18:28 |
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When you say your doctor are you sure it’s not a workers comp situation.
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# ? Aug 5, 2019 18:31 |
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Yes it’s workmansnconp sorry.
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# ? Aug 5, 2019 18:33 |
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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 |
# ? Aug 5, 2019 18:35 |
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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 |
# ? Aug 5, 2019 19:16 |
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# ? Aug 5, 2019 19:19 |
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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. Source your quotes.
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# ? Aug 5, 2019 19:21 |
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Great posts guys. Very helpful.
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# ? Aug 5, 2019 19:23 |
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Legal advice: continue to throw away and ignore all letters, summonses, and other papers you receive. DO NOT CREATE JOINDER
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# ? Aug 5, 2019 19:26 |
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# ? May 29, 2024 12:34 |
Oh poo poo we got a live one
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# ? Aug 5, 2019 19:27 |