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Anne Whateley
Feb 11, 2007
:unsmith: i like nice words
If only Above the Law included the whole quote oh wait they did

quote:

“If y’all, this is how I feel, if y’all think I did it, I know that I didn’t do it so why don’t you just give me a lawyer dog cause this is not what’s up.”

that said, I think the issue is "why don't you give me a lawyer"; they were judging it to be on the level of "maybe I need a lawyer" (established in case law as not enough to stop and get a lawyer) vs. an unqualified "I need a lawyer / get me a lawyer"

lawyer lawyer lawyer

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joat mon
Oct 15, 2009

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

Anne Whateley posted:

lawyer lawyer lawyer

1. I'm sorry, the Constitution only entitles you to one lawyer, request invalid.
2. No verb, not a request.
3. First word not capitalized. Police cannot be forced to guess the myriad potential meanings of your ungrammatical, unintelligible, nonstandard gutter argot.

therobit
Aug 19, 2008

I've been tryin' to speak with you for a long time

blarzgh posted:

If I recall, this particular case got twisted up by the internet; the guy had raped two girls, one under the age of 13, and the concurrence by the one judge is the one that says "a lawyer dog" that everyone jumped on, but the rest of the transcript reads something to the effect of that after that sentence, "If thats how ya'll feel..." the cops then asked him to clairfy if he was asking for a lawyer and he said, "no."


This last part I think is the part that nobody ever sees. I thought the whole thing was about him not specifically invoking his rights and instead just saying “why don’t you just get me a lawyer, dawg.” Which ai thought was much more of an edge case. But if they actually tried to clarify and he said “no” then LOL .

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.
Y’all are the type of people to go to magic show and say “that’s not real magic”

DaveSauce
Feb 15, 2004

Oh, how awkward.
Doesn't it bother anyone else that that's the only part that makes it unambiguous?

Or that the default is that you have to specifically and UNAMBIGUOUSLY ask for a lawyer before the cops have to stop harassing you and bullying you in to answering questions?

I feel like the very fact that this is not the first case where "well we didn't think they were asking for a lawyer" means we're erring on the wrong side here. Your civil rights should be the normal case... you shouldn't have to invoke the exact right magic words in order to activate the protections that the law affords you.

:911:

Leperflesh
May 17, 2007

blarzgh posted:

If you're buying a cord of wood, what are you using it for?!

Realtalk I have picked through firewood and rescued useable pieces - specifically from my wife's parent's house, where they have a lot of white oak that has to be felled as it's being killed by drought and pests and stuff. If it was red oak, which is much cheaper and easy to buy already sawn, I might not bother.

But yeah normally you buy wood for woodworking in board-feet, not cords. If I was buying a cord of white oak for firewood, trivially I can look it up and see that "White oak, when burnt produces 29.1 BTUs (British Thermal Unit) as compared to 24.6 BTU produced upon burning Red Oak" so a cord of red oak is specifically less firewood for heating than a cord of white oak, by like 8%, and I would ask my lawyer to argue that I am owed a bit more wood to compensate.

Here are some more reasons. White oak burns longer, if it's dry it will absorb less moisture as it sits outside because it's less porous, tends to burn cleaner, is easier to split, etc.

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.

Leperflesh posted:

Realtalk I have picked through firewood and rescued useable pieces - specifically from my wife's parent's house, where they have a lot of white oak that has to be felled as it's being killed by drought and pests and stuff. If it was red oak, which is much cheaper and easy to buy already sawn, I might not bother.

But yeah normally you buy wood for woodworking in board-feet, not cords. If I was buying a cord of white oak for firewood, trivially I can look it up and see that "White oak, when burnt produces 29.1 BTUs (British Thermal Unit) as compared to 24.6 BTU produced upon burning Red Oak" so a cord of red oak is specifically less firewood for heating than a cord of white oak, by like 8%, and I would ask my lawyer to argue that I am owed a bit more wood to compensate.

Here are some more reasons. White oak burns longer, if it's dry it will absorb less moisture as it sits outside because it's less porous, tends to burn cleaner, is easier to split, etc.

It should be 29.1 British Thermal Units ("BTUs"). how did you get on law review?

Leperflesh
May 17, 2007

EwokEntourage posted:

It should be 29.1 British Thermal Units ("BTUs"). how did you get on law review?

I cut and pasted that, it's not my stylistic error!

That's why it was in quotation marks. I should have put in a (sic) I guess!

Ahsen Soomro, Using White Oak for Firewood; 9 Reasons why its better than Red Oak!, https://www.environmentbuddy.com/eco-friendly-products/white-oak-for-firewood/, retrieved Feb. 6, 2023

Leperflesh fucked around with this message at 19:15 on Feb 6, 2023

Bad Munki
Nov 4, 2008

We're all mad here.


It’s a moot point either way because Tarn didn’t differentiate the two in the raws.

Trapick
Apr 17, 2006

DaveSauce posted:

Doesn't it bother anyone else that that's the only part that makes it unambiguous?

Or that the default is that you have to specifically and UNAMBIGUOUSLY ask for a lawyer before the cops have to stop harassing you and bullying you in to answering questions?

I feel like the very fact that this is not the first case where "well we didn't think they were asking for a lawyer" means we're erring on the wrong side here. Your civil rights should be the normal case... you shouldn't have to invoke the exact right magic words in order to activate the protections that the law affords you.

:911:
Does any country/jurisdiction just immediately provide you with a lawyer, no questions asked? Like "you're under arrest, before we question you here's your PD, get a different one later if you like". I'm going to guess no but that'd be swell.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Most countries don’t give you poo poo. Also, they can stick you in jail for days or weeks while they investigate charges against you. And that’s just the other western democracies.

joat mon
Oct 15, 2009

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

Trapick posted:

Does any country/jurisdiction just immediately provide you with a lawyer, no questions asked? Like "you're under arrest, before we question you here's your PD, get a different one later if you like". I'm going to guess no but that'd be swell.

The US military would come the closest.

At least in the US, as a practical matter, once a person invokes their right to an attorney before questioning, questioning stops and they go to jail.

Calico Heart
Mar 22, 2012

"wich the worst part was what troll face did to sonic's corpse after words wich was rape it. at that point i looked away"



Hey all. I live in the UK and am a bit worried about a development.

Last year my girlfriend moved in with some friends in a shared house. They all liked me and the house was huge, so after a while I started staying with her in her room. When it came time for us to move out, the landlord did a bunch of incredibly shady stuff. He told one of the other girls she could continue living there, then started showing potential new tenants around, then told her not to worry, then showed her room off to tenants. When we asked him about this, he basically told us not to bother him and that he was "too stressed". He then went back and forth on whether he would allow her there, up the rent, etc., until she moved out out of stress as well. We later found out he did not have an HMO license.

Out of frustration for loving our friend around so much, and hoping she could get back some rent, the others decided to issue him with a rent repayment order. They filled in the proper paperwork and got in touch with the proper channels.

Now, however, we are afraid that my staying there might constitute subletting. To clarify; everyone in the house knew and was fine with my staying there. I did not pay her rent to stay there (I paid money towards utilities and groceries, but never rent). I was not in the house 100% of the time, but was there most of the time. Should she withdraw? What is her best course of action?

Any advice appreciated, she is worried sick about this.

Harold Fjord
Jan 3, 2004
UK law probably varies wildly from US but if you can show that you maintained a separate address I'm not sure why it would matter if you slept at her house sometimes.

Nice piece of fish
Jan 29, 2008

Ultra Carp

Calico Heart posted:

Hey all. I live in the UK and am a bit worried about a development.

Last year my girlfriend moved in with some friends in a shared house. They all liked me and the house was huge, so after a while I started staying with her in her room. When it came time for us to move out, the landlord did a bunch of incredibly shady stuff. He told one of the other girls she could continue living there, then started showing potential new tenants around, then told her not to worry, then showed her room off to tenants. When we asked him about this, he basically told us not to bother him and that he was "too stressed". He then went back and forth on whether he would allow her there, up the rent, etc., until she moved out out of stress as well. We later found out he did not have an HMO license.

Out of frustration for loving our friend around so much, and hoping she could get back some rent, the others decided to issue him with a rent repayment order. They filled in the proper paperwork and got in touch with the proper channels.

Now, however, we are afraid that my staying there might constitute subletting. To clarify; everyone in the house knew and was fine with my staying there. I did not pay her rent to stay there (I paid money towards utilities and groceries, but never rent). I was not in the house 100% of the time, but was there most of the time. Should she withdraw? What is her best course of action?

Any advice appreciated, she is worried sick about this.

Inquire with a solicitor, innit?

Chuffed to bits, guv.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
Oi sum beans an bangers brov

toplitzin
Jun 13, 2003


This is just laughable, but IANAL.


/r/legaladvice posted:

Can Someone Trademark or Copyright My Surname & Force Me To Change My Name?

My uncle and is wife, who share the surname of myself and many other of our family members have allegedly “copyrighted & trademarked” our last name.

Claiming that we will be FORCED to change our names to comply.

EXACT MESSAGE RECEIVED WORD FOR WORD IS AS FOLLOWS: “Hey just to let you know Ashley got a trademark and copyright on the last name vanryswyk, we did hire an attorney to send out legal notices we are giving everyone 90 days to change the last name vanryswyk and turn in proof to our attorney”

Thoughts?


Harold Fjord
Jan 3, 2004
I was going to ask a trademark question anyway because I thought the concern leading to the recent dustup, re use of old gaming magazine imagery, was kind of interesting so this is great.

That's a really funny post and I hope the guy gets a lot of money from his uncle for the inconvenience of having to go to court and or paying a lawyer to get it dismissed out right ahead of time.

Obviously that doesn't work just obviously

Skunkduster
Jul 15, 2005




I'm curious if that lawyer even exists. It just seems absurd to me that a lawyer would actually agree to send out legal notices to the family members, but IANAL, so what do I know.

Harold Fjord
Jan 3, 2004

SkunkDuster posted:

I'm curious if that lawyer even exists. It just seems absurd to me that a lawyer would actually agree to send out legal notices to the family members, but IANAL, so what do I know.

This is a good question.

I am not a lawyer but I've thought about becoming one. Likely the professional ethical standard is to advise the client that the law doesn't work the way they think, but if they still want you to write a letter saying they will sue over something you write it and get paid.

Muir
Sep 27, 2005

that's Doctor Brain to you

Harold Fjord posted:

This is a good question.

I am not a lawyer but I've thought about becoming one. Likely the professional ethical standard is to advise the client that the law doesn't work the way they think, but if they still want you to write a letter saying they will sue over something you write it and get paid.

ABA Model Rules of Professional Conduct posted:

Rule 3.1: Meritorious Claims & Contentions
A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law. A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established.

Rule 4.1: Truthfulness in Statements to Others
In the course of representing a client a lawyer shall not knowingly:
(a) make a false statement of material fact or law to a third person; or
(b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.

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
The most likely scenario is that the lawyer doesn't exist, yes.

It is possible to trademark a name in a specific business context (e.g. "famous amos" cookies) but that doesn't give you the power to make other people stop using their own names outside that specific trade context (selling cookies or whatever).

Muir
Sep 27, 2005

that's Doctor Brain to you
Yeah, just having a last name and living your life isn't use in commerce. And trademarks are limited to specific classes of goods and services. This is why McDonald's fast food, MacDonald Motorsports, and McDonald & Co. investment company could all co-exist.

Tunicate
May 15, 2012

I think even Gallagher couldn't stop Gallagher from doing his own comedy tour under the name Gallagher

Leperflesh
May 17, 2007

I don't think you should underestimate how stupid some lawyers are, though. Like you only have to barely pay attention to the news to see countless examples. Lawyers have to go to school and pass tests and stuff but it sure seems like some of them cheated their way through or maybe just forgot everything the day they passed the bar. Or perhaps had a stroke or some kind of traumatic brain injury.

I doubt it's the majority or anything and I'm not trying to malign lawyers specifically; this is true in every profession. Having an advanced degree and having to pass rigorous tests you would think would filter out idiots, and maybe it does somewhat, but boy it sure doesn't work perfectly!

Harold Fjord
Jan 3, 2004
Lmao yeah also that you would not believe some of the idiots I went to law school with who they let take the bar

They didn't let me take the bar

Alchenar
Apr 9, 2008

Muir posted:

Yeah, just having a last name and living your life isn't use in commerce. And trademarks are limited to specific classes of goods and services. This is why McDonald's fast food, MacDonald Motorsports, and McDonald & Co. investment company could all co-exist.

I bet this is a sovereign cit thing

Azuth0667
Sep 20, 2011

By the word of Zoroaster, no business decision is poor when it involves Ahura Mazda.
The zoom times had that lawyer in florida or somewhere south decide to just leave the zoom court meeting when the judge said they couldn't resign as counsel of their current client.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

toplitzin posted:

This is just laughable, but IANAL.

Luka Doncic and his mother just settled a legal fight over this

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Leperflesh posted:

I don't think you should underestimate how stupid some lawyers are, though.

The percentage of bad/dumb lawyers is higher than most people think. The percentage of lawyers who will take a clients money and do basically whatever dumbass poo poo their dumbass clients ask them to do is also high enough to be concerning. Of course, the ven diagrams on those mfers is pretty close to full overlap, but overall they probably constitute less than 10-15% of all attorneys, in my experience.


Hieronymous Alloy posted:

The most likely scenario is that the lawyer doesn't exist, yes.

It's almost certainly this - if you're "paying a lawyer" to do something for you, one of their pretty standard conditions is that they send out communications on your behalf, so you don't accidentally promise or waive something you aren't suppose to.

I'm not sure I've ever had an opposing party say, "I've turned this over to my attorney." and find out later they actually had one at the time of the statement, rather than hire one later to deal with me.

Its always a bluff.

Muir
Sep 27, 2005

that's Doctor Brain to you
But 1) he initially consented to the mark and 2) it is in the context of selling specific goods and services, not just living his life.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
Also, my bias towards there being a bunch of dumbass attorneys out there is skewed right now based on recent experience, so I may be overestimating.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Muir posted:

But 1) he initially consented to the mark and 2) it is in the context of selling specific goods and services, not just living his life.

I don't know anything about the case or about IP in general, I just found out today about the Doncic thing - there are a few patent attorneys in here who know better

Muir
Sep 27, 2005

that's Doctor Brain to you

blarzgh posted:

I don't know anything about the case or about IP in general, I just found out today about the Doncic thing - there are a few patent attorneys in here who know better

Patent and trademark are usually separate specialties. I'm a patent attorney and I handle a little bit of trademark for my company, but just the basics.

https://www.uspto.gov/trademarks/laws/inquiry-regarding-nameportraitsignature-particular-living-individual-mark

Phil Moscowitz
Feb 19, 2007

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

blarzgh posted:

Also, my bias towards there being a bunch of dumbass attorneys out there is skewed right now based on recent experience, so I may be overestimating.

Turn on ur monitor

Mr Interweb
Aug 25, 2004

can i get some legal experts in tenancy laws to chime in here?

so last year, i moved into an apt with my mom and brother, both adults. shortly afterwards i realized this was one of the worst mistakes i ever made. regardless, i was now stuck with this place for a whole year, after which point we go to a month to month agreement. the lease will expire at the end of this month and i wanna get the hell out of dodge. i wouldn't have even asked this if i was with some friends who were my roommates. but i am wondering, is the fact that we all moved in as a family going to prevent me from being able to leave? and if i am allowed to leave, how would the deposit situation work? would i be given 1/3 of what i put down? how would that work?

Trapick
Apr 17, 2006

Where are you located? Did you sign the lease?

Mr Interweb
Aug 25, 2004

Trapick posted:

Where are you located? Did you sign the lease?

los angeles

and yes, i did. all 3 of us did

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.

Alchenar posted:

I bet this is a sovereign cit thing

yea trademarking your name and then suing over it classic sovcit

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Volmarias
Dec 31, 2002

EMAIL... THE INTERNET... SEARCH ENGINES...
Did the letter have a gold fringe though?

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