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Azuth0667
Sep 20, 2011

By the word of Zoroaster, no business decision is poor when it involves Ahura Mazda.

euphronius posted:

There are so many lawyers out there I don’t know why you’d need to pay one a retainer .

To deal with something stupid from a customer at a business I started. Every lawyer I've consulted with said the customer's complaint has no merit but I'd have to respond in court. I'd like to have someone on stand by for that so I don't have to worry about it.

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euphronius
Feb 18, 2009

Are you big enough to have an in house lawyer ?

Azuth0667
Sep 20, 2011

By the word of Zoroaster, no business decision is poor when it involves Ahura Mazda.
No, that is the eventual hope though.

Arcturas
Mar 30, 2011

Azuth0667 posted:

To deal with something stupid from a customer at a business I started. Every lawyer I've consulted with said the customer's complaint has no merit but I'd have to respond in court. I'd like to have someone on stand by for that so I don't have to worry about it.

Then hire one of the folks you talked to?

evilweasel
Aug 24, 2002

bird with big dick posted:

"with corporations who filed bankruptcy we had to give up the self-insured amount to get insurance coverage if we wanted to get out of bankruptcy"

I don't understand what this means do any of you all?

they sound like they're saying "we can probably get the stay lifted [i.e. be allowed to proceed with the lawsuit] quickly if we agree to only recover against insurance, not his personal assets"

the alternative is that you ask the court to lift the stay to proceed to trial, but agree to take the judgment back to the court to enforce it through the bankruptcy. he'll say he's just too busy with the plan and the bankruptcy court should make you wait a while so as not to distract him. that argument may have a lot more force for a corporation (the corporation almost always wins with this argument) than it does for an individual.

evilweasel fucked around with this message at 20:02 on Jul 13, 2022

Azuth0667
Sep 20, 2011

By the word of Zoroaster, no business decision is poor when it involves Ahura Mazda.

Arcturas posted:

Then hire one of the folks you talked to?

That is the plan, I was hoping for insight on what a good price for this sort of thing was. I haven't had to do this before.

Arcturas
Mar 30, 2011

Azuth0667 posted:

That is the plan, I was hoping for insight on what a good price for this sort of thing was. I haven't had to do this before.

I'm sure the lawyers will tell you all this, but they bill for their time, typically in six-minute increments. Most lawyers will ask for a "retainer" that is the first kind of retainer euphronius explained. You put $x as a refundable deposit - basically this is the lawyer's way of being sure they will get paid for at least some of their time in the event you get pissed at them and decided to fire them. It's not uncommon for clients to bail in the middle of representation because they lose the case or get annoyed about something, and that can leave the lawyer holding the bag on having spent tens of thousands of dollars of time on a matter. And suing a former client is the best way to get sued for malpractice. Instead, law firms ask for retainers as nonrefundable deposits. (Retainers also make sure that clients are actually serious about the matter and have the general financial resources to pay for legal services.)

Each month you should get a bill that will have time entries for all the time the lawyer's office spent on the case, the amount of time, and a total bill for attorney & paralegal time, plus all the other costs & expenses incurred for your case that month. Most lawyers ask the client to pay that bill and will have the retainer left alone until it's refunded at the end of representation, but sometimes you'll be allowed draw down the retainer for a while and then need to re-up it periodically.

Retainer amounts vary dramatically by the type of case, size of case, how much is at issue, lawyer involved, and how much the lawyer likes/trusts you. $5-10k is pretty common for litigation. Smaller contract disputes might be more in the $500-$1,000 range.

evilweasel
Aug 24, 2002

Arcturas posted:

I'm sure the lawyers will tell you all this, but they bill for their time, typically in six-minute increments. Most lawyers will ask for a "retainer" that is the first kind of retainer euphronius explained. You put $x as a refundable deposit - basically this is the lawyer's way of being sure they will get paid for at least some of their time in the event you get pissed at them and decided to fire them. It's not uncommon for clients to bail in the middle of representation because they lose the case or get annoyed about something, and that can leave the lawyer holding the bag on having spent tens of thousands of dollars of time on a matter. And suing a former client is the best way to get sued for malpractice. Instead, law firms ask for retainers as nonrefundable deposits. (Retainers also make sure that clients are actually serious about the matter and have the general financial resources to pay for legal services.)

Each month you should get a bill that will have time entries for all the time the lawyer's office spent on the case, the amount of time, and a total bill for attorney & paralegal time, plus all the other costs & expenses incurred for your case that month. Most lawyers ask the client to pay that bill and will have the retainer left alone until it's refunded at the end of representation, but sometimes you'll be allowed draw down the retainer for a while and then need to re-up it periodically.

Retainer amounts vary dramatically by the type of case, size of case, how much is at issue, lawyer involved, and how much the lawyer likes/trusts you. $5-10k is pretty common for litigation. Smaller contract disputes might be more in the $500-$1,000 range.

the only thing i'd mention is typically retainers are refundable deposits: if the matter is over and money is left on the retainer, you return it (and that's because the goal is to keep the retainer around, so you don't need to keep asking for a new one)

Azuth0667
Sep 20, 2011

By the word of Zoroaster, no business decision is poor when it involves Ahura Mazda.

Arcturas posted:

I'm sure the lawyers will tell you all this, but they bill for their time, typically in six-minute increments. Most lawyers will ask for a "retainer" that is the first kind of retainer euphronius explained. You put $x as a refundable deposit - basically this is the lawyer's way of being sure they will get paid for at least some of their time in the event you get pissed at them and decided to fire them. It's not uncommon for clients to bail in the middle of representation because they lose the case or get annoyed about something, and that can leave the lawyer holding the bag on having spent tens of thousands of dollars of time on a matter. And suing a former client is the best way to get sued for malpractice. Instead, law firms ask for retainers as nonrefundable deposits. (Retainers also make sure that clients are actually serious about the matter and have the general financial resources to pay for legal services.)

Each month you should get a bill that will have time entries for all the time the lawyer's office spent on the case, the amount of time, and a total bill for attorney & paralegal time, plus all the other costs & expenses incurred for your case that month. Most lawyers ask the client to pay that bill and will have the retainer left alone until it's refunded at the end of representation, but sometimes you'll be allowed draw down the retainer for a while and then need to re-up it periodically.

Retainer amounts vary dramatically by the type of case, size of case, how much is at issue, lawyer involved, and how much the lawyer likes/trusts you. $5-10k is pretty common for litigation. Smaller contract disputes might be more in the $500-$1,000 range.

This was exactly what I was looking for, thank you :).

bird with big dick
Oct 21, 2015

evilweasel posted:

they sound like they're saying "we can probably get the stay lifted [i.e. be allowed to proceed with the lawsuit] quickly if we agree to only recover against insurance, not his personal assets"

I agree and I eventually came to the same conclusion but only because it's the only thing that makes sense. You explained it in a way that immediately makes sense. Like, there is no "self-insured" amount in my case so I couldn't figure out what she was talking about. To me it just said "we gotta give up the insurance to get the insurance" and I'm like wut.

quote:

the alternative is that you ask the court to lift the stay to proceed to trial, but agree to take the judgment back to the court to enforce it through the bankruptcy. he'll say he's just too busy with the plan and the bankruptcy court should make you wait a while so as not to distract him. that argument may have a lot more force for a corporation (the corporation almost always wins with this argument) than it does for an individual.

If she'd offered up something like this or any course of action or possible timelines or literally anything other than "I don't know how this works. We wait." I wouldn't be crying itt so much.

I think another possibility would be that injuries caused by alcohol/drug use/impairment by other substances aren't discharged by bankruptcy and how do we know whether or not he was impaired without a trial? Dude plowed into a half dozen stopped cars at a red light, sounds like possible impairment to me.

Or maybe just talking to the Trustee and saying what the hell this is nonsense.

I'm not sure she even knows whether or not we have to file a claim form against the bankruptcy, if so she hasn't mentioned it, just said we wait. Maybe when there's major developments in the case you can take literally five loving minutes to explain to your client what is happening and what you're doing and what the path forward looks like. Maybe even 10.

e: reddit also informed me that another possibility is the BK court removes the claim to state court to be adjudicated so that if damages are awarded they can be handled as part of the C12.

Also never actually told me that he had filed for bankruptcy, I found out a week later when I specifically asked.

bird with big dick fucked around with this message at 22:09 on Jul 13, 2022

euphronius
Feb 18, 2009

Fee agreements can be anything you want tho and lawyers will agree to a lot . Almost anything . You can’t pay for legal advice with sex

Bad Munki
Nov 4, 2008

We're all mad here.


Can you pay for sexy legal advice?

DaveSauce
Feb 15, 2004

Oh, how awkward.
Can you pay for sex with legal advice?

bird with big dick
Oct 21, 2015

Can you pay for legal advice with other legal advice like what if I'm a lawyer that needs defense against a prostitution charge and you're a lawyer that needs defense against a solicitation charge

euphronius
Feb 18, 2009

DaveSauce posted:

Can you pay for sex with legal advice?





Yes ?

euphronius
Feb 18, 2009

bird with big dick posted:

Can you pay for legal advice with other legal advice like what if I'm a lawyer that needs defense against a prostitution charge and you're a lawyer that needs defense against a solicitation charge

Yes

You can also barter . Like I can advise a guy on his divorce if he paints my house

You have to report that tho but that’s tax law

DaveSauce
Feb 15, 2004

Oh, how awkward.

bird with big dick posted:

Can you pay for legal advice with other legal advice like what if I'm a lawyer that needs defense against a prostitution charge and you're a lawyer that needs defense against a solicitation charge

just call the RNC and they'll arrange a few more contributions to your campaign fund this year, mr. senator

evilweasel
Aug 24, 2002

bird with big dick posted:

If she'd offered up something like this or any course of action or possible timelines or literally anything other than "I don't know how this works. We wait." I wouldn't be crying itt so much.

i mean it's kind of unfair because this is literally my specialty and what i am doing in between posting, and i would give similar ????? answers if I was asked about state court civil procedure for a personal injury claim. i am much better about hiding when i have no idea what the gently caress i am talking about, but at the end of the day lawyers are generally pretty specialized and get worse and worse the farther away they get from their specialty.


DaveSauce posted:

Can you pay for sex with legal advice?

this is generally a specifically enumerated violation of legal ethics in each state. yes, you can probably infer something from that.

euphronius
Feb 18, 2009

If the legal advice happens after the sex it’s fine

Leperflesh
May 17, 2007

If you give someone unsolicited legal advice after having sex with them, you've just turned them into a prostitute.

b2n
Dec 29, 2005
I got offered a new consulting contract, which has a sentence in the "non-compete" part that I don't quite understand

"During the Term and for a period of six months thereafter, the Consultant will not [..] solicit, directly or indirectly, any person to do business with any third party other than the Company or to modify or terminate an existing relationship with Company"

What does that even mean? I'm not allowed to beg someone random to do business with another random company?

Arcturas
Mar 30, 2011

Lol, that's hilarious. Yeah, probably. It may be unenforceable but that's definitely one you should talk to an employment lawyer about.

euphronius
Feb 18, 2009

Prostitution is legal in places

Alchenar
Apr 9, 2008

b2n posted:

I got offered a new consulting contract, which has a sentence in the "non-compete" part that I don't quite understand

"During the Term and for a period of six months thereafter, the Consultant will not [..] solicit, directly or indirectly, any person to do business with any third party other than the Company or to modify or terminate an existing relationship with Company"

What does that even mean? I'm not allowed to beg someone random to do business with another random company?

In isolation, that appears to imply you cannot give restaurant recommendations to your friends.

Sonic Dude
May 6, 2009

Alchenar posted:

In isolation, that appears to imply you cannot give restaurant recommendations to your friends.

“I feel like having a steak. Let’s go to Johnson & Co. Widget Manufacturing, Inc. for dinner. Oh, you need to get your car fixed? Better call Johnson & Co. Widget Manufacturing, Inc. right away. My partner needs to have a minor surgery next month, so I sent her over to Johnson & Co. Widget Manufacturing, Inc. to get checked out.”

Kalman
Jan 17, 2010

euphronius posted:

You can’t pay for legal advice with sex

*now that California changed its ethics rules to make that impermissible.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.

Kalman posted:

*now that California changed its ethics rules to make that impermissible.

This reminds me of all the cops in Hawaii getting pissed that a court ruled they couldn't have sex with prostitutes as a part of stings anymore.

Harold Fjord
Jan 3, 2004
They're trying to contractually bind you to not steal clients.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

b2n posted:

I got offered a new consulting contract, which has a sentence in the "non-compete" part that I don't quite understand

"During the Term and for a period of six months thereafter, the Consultant will not [..] solicit, directly or indirectly, any person to do business with any third party other than the Company or to modify or terminate an existing relationship with Company"

What does that even mean? I'm not allowed to beg someone random to do business with another random company?

My guess would be that elsewhere in the contract, either expressly or by implications, it defines "business " as "whatever the company does"

Harold Fjord
Jan 3, 2004

blarzgh posted:

My guess would be that elsewhere in the contract, either expressly or by implications, it defines "business " as "whatever the company does"

Oh yeah definitely this.

Skunkduster
Jul 15, 2005




On the subject of employment contract, I've been with my current employer for almost a decade and it has been bought out and I now work in the same office doing the exact same job, but for a different company. I lost my copy of my employment contract somewhere along the way. If I ask my employer for a copy of the contract, are they obligated to give it to me? If they can't provide it because they can't find it, is it void? If they find it at a later date, after I requested a copy and was denied, is it back in play?

Minnesota if it matters.

Volmarias
Dec 31, 2002

EMAIL... THE INTERNET... SEARCH ENGINES...

Leperflesh posted:

If you give someone unsolicited legal advice after having sex with them, you've just turned them into a prostitute.

Are you a lawyer? You have to tell me if you're a lawyer, it's the law.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

SkunkDuster posted:

On the subject of employment contract, I've been with my current employer for almost a decade and it has been bought out and I now work in the same office doing the exact same job, but for a different company. I lost my copy of my employment contract somewhere along the way. If I ask my employer for a copy of the contract, are they obligated to give it to me? If they can't provide it because they can't find it, is it void? If they find it at a later date, after I requested a copy and was denied, is it back in play?

Minnesota if it matters.

You have to have sex with Euphonious before he can answer

Devor
Nov 30, 2004
Lurking more.

blarzgh posted:

You have to have sex with Euphonious before he can answer

Jurisprudence fetishist gets off on technicality

Harold Fjord
Jan 3, 2004

Devor posted:

Jurisprudence fetishist gets off on technicality

bird with big dick
Oct 21, 2015

blarzgh posted:

You have to have sex with Euphonious before he can answer

done and done

bird with big dick
Oct 21, 2015

bird with big dick posted:

don't send your client an email response to "What does this mean for my case" that just says "I don't know."

The "I don't know" has been updated to "I don't know but if you want me to find out you can hire a bankruptcy attorney on your own dime."

Harold Fjord
Jan 3, 2004
Basically they're saying they do not know bankruptcy law well enough to feel comfortable filing a motion as a third party asking the bankruptcy judge to dismiss the bankruptcy because it is a bad faith filing interfering with your lawsuit. Which is fine but they should have used all those words in the first place.

But if his situation is as obvious as you say, that motion may or may not matter regarding results or timelines. Probably someone who regularly works with the bankruptcy judges would know that better than your attorney.

As a client I would take issue with the attorney putting all of this on you as opposed to providing a better sense of what all that entails in terms of finding a bankruptcy lawyer or even recommending one to help out, but if your lawyer just doesn't know poo poo about bankruptcy or anyone who does then they may not even feel ok charging you for the time to do that.

Good luck with your lovely lawyer!

Harold Fjord fucked around with this message at 16:17 on Jul 14, 2022

Organza Quiz
Nov 7, 2009


bird with big dick posted:

The "I don't know" has been updated to "I don't know but if you want me to find out you can hire a bankruptcy attorney on your own dime."

That is actually a reasonable response from a lawyer, "don't pay me to do this because it's not my area, pay someone who actually knows what they're doing." Should have told you this from the beginning though.

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Arcturas
Mar 30, 2011

Organza Quiz posted:

That is actually a reasonable response from a lawyer, "don't pay me to do this because it's not my area, pay someone who actually knows what they're doing." Should have told you this from the beginning though.

The problem for dickbird is that he's not paying the lawyer hourly, he's paying the lawyer on commission, meaning the lawyer really should take responsibility to handle the case.

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