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Meatbag Esq.
May 3, 2006

Hmm which internet meme should go here again?
I haven’t heard about that happening yet though I suppose it could start on the hardware side of things. In software everything has moved to telework. The big changes have been shifting internal resources to specially help clients that matter more in various aspects of the Covid crisis, and also jiggering with numbers to reduce overload.

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nutri_void
Apr 18, 2015

I shall devour your soul.
Grimey Drawer

Look Sir Droids posted:

In-house and lawyers with corporate clients: Anybody seeing your company/client successfully use COVID as a force majeure event to get out of a contract? If the other side is accepting that argument, are you seeing contract terminations or just deferrals of performance?

From what I am seeing (in-house), the answer seems to be "not yet". Force majeure, whether a boilerplate common law-style clause or the statutory force majeure that we have in the civil code, is simply narrow enough that very few obligations will be actually properly blocked by the poo poo that's going on.

I suspect that even if global supply and production chains break down completely, it will be very hard to use force majeure to use to get out of a contract unless you have something like a specific ban on importation/exportation or something, or people have to come over and do something overseas. In my civil code system, it does not strike me as unthinkable that the statutory force majeure could be tweaked so that there won't be as strong a causal link needed as is the case now, but that hasn't happened (at least yet).

What I do expect is a loving tsunami of bankruptcies, which will naturally domino around the globe until everything is a ruin.

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

Look Sir Droids posted:

In-house and lawyers with corporate clients: Anybody seeing your company/client successfully use COVID as a force majeure event to get out of a contract? If the other side is accepting that argument, are you seeing contract terminations or just deferrals of performance?

No one's really fighting on a deferral of performance right now, but how badly the contract is impacted is on a sliding scale from not at all (we can perform remote work) to lol (hotel space rental).

joat mon
Oct 15, 2009

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

Hieronymous Alloy posted:

That can't happen, constitutionally. It can happen in military courts only because they waive a lot of constitutional protections.

Also happens sometimes in administrative noncriminal settings.

Double jeopardy, or something else? Double jeopardy applies to courts martial.
An acquittal can't be reviewed, de novo or otherwise, only convictions.
Was that the constitutional protection you had in mind?

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

joat mon posted:

Double jeopardy, or something else? Double jeopardy applies to courts martial.
An acquittal can't be reviewed, de novo or otherwise, only convictions.
Was that the constitutional protection you had in mind?

Sixth amendment right to trial by jury. If you have somebody reviewing the fact finder de novo, you're voiding the right to jury trial. In military courts that's ok for ~reasons~.

Edit: I think? I'm not a military law expert

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
Took a call from OC. He started to get huffy. I started to get huffy. Wrapped it up with, "Look [OC], I'll discuss it with my client, but we're not getting any where, and I can't blow up this GD kiddie pool while I'm talking to you."

joat mon
Oct 15, 2009

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

Hieronymous Alloy posted:

Sixth amendment right to trial by jury. If you have somebody reviewing the fact finder de novo, you're voiding the right to jury trial. In military courts that's ok for ~reasons~.

Edit: I think? I'm not a military law expert

Jackson v. Virginia, 443 U.S. 307 (1979) (state law case) reviews the fact finder, though not de novo - but I don't see how a different standard of review would change any effect of right to jury trial. (Though Jackson was a non-jury trial, the holding applies to jury trials too) On the other hand, Jackson is about protecting the constitutional right to be convicted only by proof beyond a reasonable doubt, which the de novo bit for reviews of court martial convictions supplies in excess of the federal minimums.
I don't see how right to jury trial could possibly be affected by granting a defendant a more favorable standard of review. It's the defendant's right to jury trial and the more deferential review offers the defendant a second bite at the factual guilt determination. Conceptually, it's no different from Jackson, just more friendly to an accused. Art. 66(c), UCMJ can never be a substitute for a jury trial - it just lays out the power of the lower appellate court.
I might have claimed expert in the late 90s to mid 00s, but I haven't kept up with military law. During that time, including 3 1/2 years doing appellate defense, I never ran across anything connecting Art. 66(c) review to a limitation of the right to jury trial. I like your out of the box idea, I just can't see any way it could ever benefit a defendant at trial or on appeal. (There are limits, like how and by whom the venire is formed, and the numbers of jurors)
To end with an aside, (?) the reason for the broader powers of review of a conviction is that they were intentional, as another way the UCMJ was written to curb the excesses and injustices of military discipline/justice that everybody found out about/experienced during WWII.

Phil Moscowitz
Feb 19, 2007

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

blarzgh posted:

Took a call from OC. He started to get huffy. I started to get huffy. Wrapped it up with, "Look [OC], I'll discuss it with my client, but we're not getting any where, and I can't blow up this GD kiddie pool while I'm talking to you."

Lol

I’m just ignoring everyone

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.
My coworker told me how to forward our office lines to our cell phones and I said gently caress that

Meatbag Esq.
May 3, 2006

Hmm which internet meme should go here again?
My rule as an in house patent attorney is that if I'm not important enough for you to pay my cell phone bill, I'm not installing my work email on my personal phone.

Discendo Vox
Mar 21, 2013
Probation
Can't post for 9 hours!

Look Sir Droids posted:

In-house and lawyers with corporate clients: Anybody seeing your company/client successfully use COVID as a force majeure event to get out of a contract? If the other side is accepting that argument, are you seeing contract terminations or just deferrals of performance?

An industry I've got ties to is looking at that en masse with regard to international shipment of raw product, but variable interpretation means right now afaik it's just getting a ton of sideeye.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Meatbag Esq. posted:

My rule as an in house patent attorney is that if I'm not important enough for you to pay my cell phone bill, I'm not installing my work email on my personal phone.

that WAS my rule until two weeks ago :[

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
almost all of my work the past week and a half has been IT tech support because my bosses are in their late 70s.

Soylent Pudding
Jun 22, 2007

We've got people!


Mr. Nice! posted:

almost all of my work the past week and a half has been IT tech support because my bosses are in their late 70s.

When I actually practiced I was my small firms de facto in house IT when it came to removing viruses and 50+ IE toolbars from various computers. I guess I should thank them because I liked it so much better than the lawyering parts that I ended up becoming a full time computer toucher.

Eminent Domain
Sep 23, 2007



Woo, got my email confirming my loans are no payment for the next few months and it counts for PSLF.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Watching the Rainmaker on Netflix and I have to say the parts about the plaintiff firm, the first hearing/conference in chambers with the defense lawyer played by Jon Voight, and Danny Glover grilling Jon Voight about scheduling are all hilarious and totally realistic

Kawasaki Nun
Jul 16, 2001

by Reene
Looks like the Supreme Court of Utah is proposing diploma privilege for all applicants who meet certain criteria. Wonder how that works with transferring under the UBE.

Rogue AI Goddess
May 10, 2012

I enjoy the sight of humans on their knees.
That was a joke... unless..?
It appears that my choice now is between WashU St. Louis with a nice fat no-strings-attached scholarship and Georgetown without one. Given my complicated circumstances, it's not an easy one.

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."

Rogue AI Goddess posted:

It appears that my choice now is between WashU St. Louis with a nice fat no-strings-attached scholarship and Georgetown without one. Given my complicated circumstances, it's not an easy one.

I'd probably lean toward free. Georgetown is a T14, but it is a low t14. This assumes fat means free.

Bushido Brown
Mar 30, 2011

nm posted:

I'd probably lean toward free. Georgetown is a T14, but it is a low t14. This assumes fat means free.

If WashU free isn't the option, retake/don't go.

Throatwarbler
Nov 17, 2008

by vyelkin

Rogue AI Goddess posted:

It appears that my choice now is between WashU St. Louis with a nice fat no-strings-attached scholarship and Georgetown without one. Given my complicated circumstances, it's not an easy one.

I went to WashU with $120k. I am now at a firm with a double digit percentage of Gerogetown alumni on the roster. If you go to WashU and do well, you'll probably do just as well as anyone from Georgetown. If not, well at least you're not out the money and you'll probably still do OK. If you do badly at Georgetown you're probably going to do no better than the WashU grad and you're still going to be out the money.

EDIT also if you do really well in 1L then transferring to Harvard or Columbia is always an option (or Georgetown but probably don't do that), lots of people in my class did.

Vox Nihili
May 28, 2008

Rogue AI Goddess posted:

It appears that my choice now is between WashU St. Louis with a nice fat no-strings-attached scholarship and Georgetown without one. Given my complicated circumstances, it's not an easy one.

You should probably take the the free ride, particularly since there are no strings (lurkers should note that some schools have lovely requirements that you have to, e.g., be in the top 50% of the class to keep your scholarship). Now, that being said...

Throatwarbler posted:

If you go to WashU and do well, you'll probably do just as well as anyone from Georgetown. If not, well at least you're not out the money and you'll probably still do OK. If you do badly at Georgetown you're probably going to do no better than the WashU grad and you're still going to be out the money.

It's a bit more nuanced than this. A solid majority of Georgetown grads land in biglaw or better, Georgetown has a big pipeline into working for the feds, and Georgetown has an absolutely enormous and powerful alumni network. You'll very likely be set if you land at 50th percentile at Georgetown, whereas at WashU it's not quite as clear.

WashU is still a great school that generally produces great outcomes for its students, but it's worth considering what your specific goals are before pulling the trigger. I also hear that some prospetive students have had success in negotiating for better aid based on scholarship offers from competing schools--it can't hurt to give the Georgetown people a call if you haven't already.

BigHead
Jul 25, 2003
Huh?


Nap Ghost

Rogue AI Goddess posted:

It appears that my choice now is between WashU St. Louis with a nice fat no-strings-attached scholarship and Georgetown without one. Given my complicated circumstances, it's not an easy one.

I did my undergrad at WashU. It's a pretty swell place. The park next door to campus is gorgeous and living there is affordable. Don't go to East St. Louis though.

GamingHyena
Jul 25, 2003

Devil's Advocate
I know we don't have a ton of solos or small firms here, but has anyone had any experience applying for PPP or EIDL loans/grants for law firms? I've applied for both to help out with payroll but haven't heard back on either.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
:rip: kawasaki nun just could not stop being a dick about people not liking biden.

Look Sir Droids
Jan 27, 2015

The tracks go off in this direction.

Mr. Nice! posted:

:rip: kawasaki nun just could not stop being a dick about people not liking biden.

*sigh* Link?

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.

I’m on my phone but it’s the GIP biden sucks thread I made because we were tired of circular bitching in the current events thread. A good number of people are understandably troubled by the prospect of voting for biden.

Fuzzie Dunlop
Apr 14, 2013

Rogue AI Goddess posted:

It appears that my choice now is between WashU St. Louis with a nice fat no-strings-attached scholarship and Georgetown without one. Given my complicated circumstances, it's not an easy one.

Don't you already have practice experience in your country in some form and like almost a decade long career? Do you have a specific job in mind for when you get out? If WashU gets you there then I wouldn't worry about the rankings and I'd take they money. As someone who waited a few years, I think that debt would be a lot tougher to deal with at like 34 vs. 26.

That said, negotiate both sides. Ask for more from WashU as you're on the fence and ask for something from Georgetown.

Pook Good Mook
Aug 6, 2013


ENFORCE THE UNITED STATES DRESS CODE AT ALL COSTS!

This message paid for by the Men's Wearhouse& Jos A Bank Lobbying Group

Mr. Nice! posted:

I’m on my phone but it’s the GIP biden sucks thread I made because we were tired of circular bitching in the current events thread. A good number of people are understandably troubled by the prospect of voting for biden.

Good chance his brain melts out his ears by election day, might be problem solved

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
People get banned for the dumbest poo poo on this stupid website

Vox Nihili
May 28, 2008

Mr. Nice! posted:

:rip: kawasaki nun just could not stop being a dick about people not liking biden.

drat, RIP.

I do not envy all of the people who are going to have to try to convince people to vote for Biden. What an awful job. He genuinely makes Hillary look better in retrospect.

Look Sir Droids
Jan 27, 2015

The tracks go off in this direction.

Vox Nihili posted:


I do not envy all of the people who are going to have to try to convince people to vote for Biden. What an awful job. He genuinely makes Hillary look better in retrospect.

Not a hard call for me at all. This is a two party system and one is demonstratively better for SCOTUS and the policies Sanders cares about than the other. Not nearly as many people hate Biden as hated Hillary.

I don’t understand needing to love or perfectly align with a candidate.

Eminent Domain
Sep 23, 2007



Mr. Nice! posted:

:rip: kawasaki nun just could not stop being a dick about people not liking biden.

Pour one out for kawasaki

Bushido Brown
Mar 30, 2011

Look Sir Droids posted:

I don’t understand needing to love or perfectly align with a candidate.

And some of us don't understand thinking that our lovely two party system necessitates choosing the very marginally better of two bad options.

Rogue AI Goddess
May 10, 2012

I enjoy the sight of humans on their knees.
That was a joke... unless..?

Fuzzie Dunlop posted:

Don't you already have practice experience in your country in some form and like almost a decade long career?
Yes, that's one of the circumstances I've mentioned. I'll be 40 by the time I graduate, so there aren't all that many productive years left ahead.

The other side of the equation is that if I fail to get a good enough job (i.e. one that comes with a work visa, pays sufficiently to sustain a family of three and is stable enough to make us eligible for eventual immigration) lined up for me by graduation time, I'll die (not an exaggeration, that's what going back to my shithole country and detransitioning will amount to). That's why it's very tempting to go for the Georgetown option, because I want to stack my deck as much as possible to avert that possibility.

The final thing is that there's a small but nonzero chance that I might be able to get funds for this mad venture from a rich relative rather than the bank (effectively getting my inheritance upfront instead of being saddled with massive debt), but I won't be able to have that discussion with them until the epidemic crisis winds down, and the clock for making the decision keeps ticking.

So yes, it's kind of complicated.

Rogue AI Goddess fucked around with this message at 09:00 on Apr 11, 2020

Nice piece of fish
Jan 29, 2008

Ultra Carp

Phil Moscowitz posted:

People get banned for the dumbest poo poo on this stupid website

Sure, I mean I ate a three-day the other day for bioterrorist posting, I mean what the gently caress? Where's my freedom of screech, mods?

nutri_void
Apr 18, 2015

I shall devour your soul.
Grimey Drawer

Rogue AI Goddess posted:

Yes, that's one of the circumstances I've mentioned. I'll be 40 by the time I graduate, so there aren't all that many productive years left ahead.

The other side of the equation is that if I fail to get a good enough job (i.e. one that comes with a work visa, pays sufficiently to sustain a family of three and is stable enough to make us eligible for eventual immigration) lined up for me by graduation time, I'll die (not an exaggeration, that's what going back to my shithole country and detransitioning will amount to). That's why it's very tempting to go for the Georgetown option, because I want to stack my deck as much as possible to avert that possibility.

The final thing is that there's a small but nonzero chance that I might be able to get funds for this mad venture from a rich relative rather than the bank (effectively getting my inheritance upfront instead of being saddled with massive debt), but I won't be able to have that discussion with them until the epidemic crisis winds down, and the clock for making the decision keeps ticking.

So yes, it's kind of complicated.

Have you considered qualifying in England? The QLTS will cost like 10k pounds overall inclusive of all the prep courses (and the sum is spread over like 1,5 years because you need to take the MCT and the OSCE consecutively) and avoid you having to become a US lawyer. Not sure where you're originally qualified, but in any event that's probably a more viable route than having to compete for a US law job (lol) as an immigrant (lol)

Edit: I looked through your post history to find where you're qualified, please accept my most sincere condolences for having to practise in this shitshow of a country. However, the suggestion about England and Wales is now even more relevant, because you could have a shot at a City firm if you get through the QLTS and have a business case. Everyone needs Russian speakers because there are a lot of Russian cases, both contentious and transactional (nowhere near as many as 15 years ago, naturally, but there is still enough work of that kind), but no one needs actual Russians because of the visa/immigration restrictions and the near-complete deregulation of the legal profession here. If you pass the QLTS, then (if you aren't already an advocate) pass the Russian advocate exam, you'll be eligible to apply for a solicitor license and, if you have a business case you can offer, you will have a not insignificant shot at securing a decent job in London. Definitely beats the US clusterfuck where even locals can't find a job for years, and you would bypass the English training contract fuckery which serves no purpose except to bottleneck the path into the profession. It's still a huge gamble, but it's a gamble with much better odds

nutri_void fucked around with this message at 12:32 on Apr 11, 2020

Phil Moscowitz
Feb 19, 2007

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

Bushido Brown posted:

And some of us don't understand thinking that our lovely two party system necessitates choosing the very marginally better of two bad options.

You don’t understand reality?

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Also it’s not “marginally better,” we are taking about the difference between Donald loving Trump and not Trump. A federal judiciary made up of 40%+ Trump appointed ghouls for the next 40 years, including a 7-2 republican Supreme Court, essentially destroying any chance of progress until after I’m dead (and so is the planet most likely). The continued dismantling of our system of government into autocracy and kleptocracy. Its the difference between looking like Putin’s Russia and looking like ourselves. How is that so hard to get through your head?

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Bushido Brown
Mar 30, 2011

Phil Moscowitz posted:

You don’t understand reality?

Reality includes not voting. It's the choice of millions, in fact.

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