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Roger_Mudd
Jul 18, 2003

Buglord

woozle wuzzle posted:

I daydreamed today about a world where student loans were dischargable in bankruptcy.

It was like a beautiful utopia where my debt vanished and income went exponential, where rainbows beamed across an empty sky and squirrels danced hand in hand with cats. After the boom, I would retire to my private island. During the rainy season, we would migrate to the mainland home and I would adjunct teach a law class in "How to immediately file your bankruptcy".

I too dream of this day. I would retire after a year.

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Solid Lizzie
Sep 26, 2011

Forbes or GTFO

HiddenReplaced posted:

Why don't you guys have a kitchen/breakroom with a microwave on each floor? This sounds like a ridiculous efficiency sink. The time you spend in a single week traversing down to the cafeteria to heat something up would easily cover the costs of a loving microwave on your floor.

Edit:
Some of the partners were arguing they should cater food here every day to encourage us not to leave for lunch. It hasn't happened yet, but I can hope...
This sounds both awesome and depressing.

Mostly awesome. Catered food...

Kalman
Jan 17, 2010

Solid Lizzie posted:

This sounds both awesome and depressing.

Mostly awesome. Catered food...

If it's anything like the catered food we get, half the time you'll wind up ignoring it because it's not good or it doesn't fit your mood/diet/whatever.

edit: We don't get catered food every day, but department meetings and on-site CLE get catered food.

Kalman fucked around with this message at 13:41 on May 24, 2012

10-8
Oct 2, 2003

Level 14 Bureaucrat

woozle wuzzle posted:

I daydreamed today about a world where student loans were dischargable in bankruptcy.
Let's say that Congress gets replaced by liberal cyborgs and this actually happens. What would be the consequences to one's bar admission if you filed bankruptcy. Could the bar take action against you on the grounds that you weren't financially sound? I know that's one of the things that can ding you when you're first applying for admission.

Kalman
Jan 17, 2010

10-8 posted:

Let's say that Congress gets replaced by liberal cyborgs and this actually happens. What would be the consequences to one's bar admission if you filed bankruptcy. Could the bar take action against you on the grounds that you weren't financially sound? I know that's one of the things that can ding you when you're first applying for admission.

Do bars take action against people for personal bankruptcy under current law?

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

Kalman posted:

Do bars take action against people for personal bankruptcy under current law?

Not necessarily. However, being in financial distress and not having taken some steps to make a payment plan, etc. etc., is one of the factors Georgia, at least, considers. The rationale was basically "are you about to start stealing from your clients since you can't stay afloat any other way?"

Zarkov Cortez
Aug 18, 2007

Alas, our kitten class attack ships were no match for their mighty chairs
I don't know about bankruptcy but,

http://www.thestar.com/news/article/969073--would-be-lawyer-rejected-by-ontario-s-law-society-for-poor-character

quote:

Ryan Manilla was a terrible neighbor, but does that mean he can’t be a good lawyer?

The 29-year-old did exceptionally well in high school. He was at the top of his class at Osgoode Hall Law School. He won summer jobs at Canada’s top legal firms.

But in September, Manilla’s application to become a lawyer was rejected by the Law Society of Upper Canada when he failed to meet its “good character” requirement because of his aggressive and bizarre conduct as a member of his condo’s board.

Manilla’s appeal of the decision was dismissed by a Law Society panel in late March.

Canada’s Law Society Act requires that licences to practise law only be granted to people with “good character.” It doesn’t define what that is.

In September 2008, Manilla was condo board president and became embattled with its members over proposed fee increases at the Vaughan building.

According to the law society ruling, Manilla sent threatening emails to the other board members and condo management stating they “run the risk of being shot by the residents in the building.”

He was booted out as president, but continued to fight against the fee hikes, once boasting that he enjoyed making the other members “squirm.”

Manilla didn’t stop there. He reportedly used unprintable language in reference to another board member’s wife and daughter during a confrontation, and made insulting remarks about Russian people who lived in the building.

Manilla then forged a letter from a woman claiming to be a private investigator and a non-resident owner of one the units in the building. (He used the name of an actual owner, but flipped her first and last name.) In the letter, which he circulated through the building, Manilla claimed other board members were receiving kickbacks from the company that built the condo.

Under weighty speculation, the board members were subsequently voted out by the other owners. Manilla was crowned president of the new board.

In March, 2009, Manilla was charged with criminal harassment. Those charges were dropped after he agreed to sell his condo, among other stipulations.

He apologized to the four board members, and gave Sick Kids Hospital a $250 donation in each of their names. He went to anger management classes and received psychotherapy.

But it was too little, too late.

In its ruling at Manilla’s “good character hearing,” a Law Society committee said he “pulled the wool” over the eyes of the anger management agency that wrote him a reference letter.

The committee cited Manilla’s forged letter as the most serious offence, calling it “clear character assassination” and noted he didn’t come clean about writing it until five days before the hearing. He was rejected on the basis of his “serious misconduct” that betrayed his character flaws.

The Law Society, which regulates Ontario lawyers, requires applicants to complete 14 questions and offer two references from the legal profession to determine they are of “good character.”

They include questions on everything from being fired from a job to being subject of a criminal trial. The Law Society notes it may investigate or verify any information supplied. Its last question is rather open-ended:

“Are there events, circumstances or conditions, other than those mentioned above, that are potentially relevant to your ability to practise law?”

The Law Society was unable to comment Monday on whether Manilla is out of the profession forever, or if he can eventually reapply.

The Star could not reach Manilla for comment.

Zarkov Cortez fucked around with this message at 14:13 on May 24, 2012

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Sounds like a zealous advocate to me.

Harry
Jun 13, 2003

I do solemnly swear that in the year 2015 I will theorycraft my wallet as well as my WoW

Kalman posted:

Do bars take action against people for personal bankruptcy under current law?

I think in New York someone was rejected due to his $500,000 in student loans that he refused to pay.

woozle wuzzle
Mar 10, 2012

10-8 posted:

Let's say that Congress gets replaced by liberal cyborgs and this actually happens. What would be the consequences to one's bar admission if you filed bankruptcy. Could the bar take action against you on the grounds that you weren't financially sound? I know that's one of the things that can ding you when you're first applying for admission.

Easy Peasy. You get admitted while still in deferment, just like you would now. And then immediately file bankruptcy. But even if you filed before admission, I don't see how it could be a problem. You can't get much more "financially sound" than the debt-free status of some one just after a bankruptcy discharge.

Ani
Jun 15, 2001
illum non populi fasces, non purpura regum / flexit et infidos agitans discordia fratres

10-8 posted:

Let's say that Congress gets replaced by liberal cyborgs and this actually happens. What would be the consequences to one's bar admission if you filed bankruptcy. Could the bar take action against you on the grounds that you weren't financially sound? I know that's one of the things that can ding you when you're first applying for admission.
It may depend on the state, but in general it seems like it's harder to get admitted than stay admitted. Even if filing for bankruptcy could disqualify you if you were applying for admission, I have a tough time believing that filing for bankruptcy after you are admitted would get you disbarred or sanctioned - lawyers file for bankruptcy all the time.

dos4gw
Nov 12, 2005
Talking about forging letters, this guy was disbarred rather than refused in the first place but it's an amusing story:

http://www.telegraph.co.uk/news/uknews/law-and-order/9146307/Barrister-struck-off-over-claim-that-senior-law-lord-had-him-kidnapped.html

Dogen
May 5, 2002

Bury my body down by the highwayside, so that my old evil spirit can get a Greyhound bus and ride

dos4gw posted:

Talking about forging letters, this guy was disbarred rather than refused in the first place but it's an amusing story:

http://www.telegraph.co.uk/news/uknews/law-and-order/9146307/Barrister-struck-off-over-claim-that-senior-law-lord-had-him-kidnapped.html

Man that guy is crazy but his client sounds like kind of an idiot as well.

Roger_Mudd
Jul 18, 2003

Buglord

Harry posted:

I think in New York someone was rejected due to his $500,000 in student loans that he refused to pay.

Yeah but this guy also never made a single payment or paid a dime.

10-8
Oct 2, 2003

Level 14 Bureaucrat

Roger_Mudd posted:

Yeah but this guy also never made a single payment or paid a dime.
So really the lesson here is to get admitted first, then spend a year or two making token efforts to pay, then declare bankruptcy.

woozle wuzzle
Mar 10, 2012
They just said rejected :) Once yer in, yer in as far as bankruptcy is concerned I would imagine.

As has been said, I think it's less about having debt and paying it, and more about being vulnerable. For example, a lot of military people file bankruptcy because they're not allowed to be vulnerable to collection agencies that could disrupt their lifestyle with lawsuits. An attorney in a HUGE financial hole might be desperate and fall to temptation.

Adar
Jul 27, 2001

woozle wuzzle posted:

They just said rejected :) Once yer in, yer in as far as bankruptcy is concerned I would imagine.

As has been said, I think it's less about having debt and paying it, and more about being vulnerable. For example, a lot of military people file bankruptcy because they're not allowed to be vulnerable to collection agencies that could disrupt their lifestyle with lawsuits. An attorney in a HUGE financial hole might be desperate and fall to temptation.

Clearly, then, the answer is to deny admission to people with overly large student loahahahaha

SlyFrog
May 16, 2007

What? One name? Who are you, Seal?

evilweasel posted:

Such a thing exists? We don't have anything like it.

By the way, if you are curious as to the types of products I was talking about, here are a couple of examples:

http://store.westlaw.com/business-law/deal-proof/default.aspx

http://www.lexicontools.com/index.php

Ani
Jun 15, 2001
illum non populi fasces, non purpura regum / flexit et infidos agitans discordia fratres

SlyFrog posted:

By the way, if you are curious as to the types of products I was talking about, here are a couple of examples:

http://store.westlaw.com/business-law/deal-proof/default.aspx

http://www.lexicontools.com/index.php
Holy crap. I have no idea why my firm doesn't use these.

Mons Hubris
Aug 29, 2004

fanci flup :)


Quentin Tarantino presents: Deal Proof

"But have billables to meet, and files to close before I sleep"

Mons Hubris fucked around with this message at 15:56 on May 25, 2012

shirts and skins
Jun 25, 2007

Good morning!

Mons Hubris posted:

Quentin Tarantino presents: Deal Proof

Two straight hours of snappy conversation while a camera circles the meeting room table.

GamingOdor
Jun 8, 2001
The stench of chips.

10-8 posted:

So really the lesson here is to get admitted first, then spend a year or two making token efforts to pay, then declare bankruptcy.

That's correct except for waiting a year or two to make token payments. Why make token payments when your credit is only checked before you are admitted? Once you're in they don't check your credit anymore because you are in the club. Might as well file that Chapter 7 the day after you're sworn in.

Roger_Mudd
Jul 18, 2003

Buglord

blar posted:

That's correct except for waiting a year or two to make token payments. Why make token payments when your credit is only checked before you are admitted? Once you're in they don't check your credit anymore because you are in the club. Might as well file that Chapter 7 the day after you're sworn in.

It can still be a character issue issue to the bar.

I've seen attorneys declare bankruptcy due to divorce and come out fine.

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider

Roger_Mudd posted:

It can still be a character issue issue to the bar.

I've seen attorneys declare bankruptcy due to divorce and come out fine.

Hey broseph,

When you get Nolo leads, do you find it's more effective to e-mail or call?

They signed me up too :(

Roger_Mudd
Jul 18, 2003

Buglord

CaptainScraps posted:

Hey broseph,

When you get Nolo leads, do you find it's more effective to e-mail or call?

They signed me up too :(

I always call.

BigHead
Jul 25, 2003
Huh?


Nap Ghost
Not only am I on call so I can't drink, but I'm spending all holiday working up a hugely complicated trial that got dumped on me at the last second. Goddammit. It's 9:00 on Saturday night and I just got home. State workers should not go through with this poo poo. Especially sober state workers.

Agesilaus
Jan 27, 2012

by Y Kant Ozma Post

BigHead posted:

Not only am I on call so I can't drink, but I'm spending all holiday working up a hugely complicated trial that got dumped on me at the last second. Goddammit. It's 9:00 on Saturday night and I just got home. State workers should not go through with this poo poo. Especially sober state workers.

I spent eight hours at work yesterday dealing with the new bond court, I'm posting this message at eight am from work because I'm also working a full day today, and I was originally assigned to work monday, too, just to complete the ruination of my ”long weekend”. That's not including the appellate briefs I have to write in my own time outside of work, and the large piles of trial work building up on my desk.

Roger_Mudd
Jul 18, 2003

Buglord

Agesilaus posted:

I spent eight hours at work yesterday dealing with the new bond court, I'm posting this message at eight am from work because I'm also working a full day today, and I was originally assigned to work monday, too, just to complete the ruination of my ”long weekend”. That's not including the appellate briefs I have to write in my own time outside of work, and the large piles of trial work building up on my desk.

Solo for life.

J Miracle
Mar 25, 2010
It took 32 years, but I finally figured out push-ups!
I'm emailing the judge something like every day of this vacation but to be honest its more to look diligent than anything, like I could have just knocked all of this out on one day but I thought this would look better. God I'm a douche.

Also due to the magic of outlook read receipts I can tell he hasn't opened any of them and probably won't till Tuesday.

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."
I am doing precisely jack poo poo for 3 days.
Suck it.

Prosecutors, this is karma for putting people in jail.

Agesilaus
Jan 27, 2012

by Y Kant Ozma Post
Urgh, had some wonderful people today. One apparently had the bright idea of peeing on a months-old baby after violently raping the mother. :911:


nm posted:

I am doing precisely jack poo poo for 3 days.
Suck it.

Prosecutors, this is karma for putting people in jail.

Yeah, we need to stop hearing about overworked and underpaid PDs when, at least around here, they get paid more to do less.

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."
Rest assured my DAs are also taking the weekend off.
My court has me, 2 DAs, no private attorneys, and only a couple of conflicts a week. So, do the math. I like our DAs though, which is kind of cool. I'm also the unofficial writs guy.

DAs and PDs all get paid the same though, which means we're all underpaid. Though one of the DAs has a hemi cuda and a 60 something camaro, so he seems to do ok.
You really need a union.

-Drinking Pliny the Elder.

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.
I feel like we should have a separate thread so all you public sector poor people can slapfight about who does and doesn't work harder, who does and doesn't put more brown people in jail/keep more rapists out of jail, and share your hot tips about the latest awesome buy-one-get-one sale at the Men's Wearhouse

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."

Soothing Vapors posted:

I feel like we should have a separate thread so all you public sector poor people can slapfight about who does and doesn't work harder, who does and doesn't put more brown people in jail/keep more rapists out of jail, and share your hot tips about the latest awesome buy-one-get-one sale at the Men's Wearhouse
Men's Warehouse is for prosecutors.
My suits are bespoke or M2M (vested, goddammit), and the shoes are Allen Edmonds or better. I do wear Nordstrom shirts though, I'm not sure if that is good enough?

-Suck my pension.

edit: I'd actually note that most prosecutors don't wear men's wearhouse either, but off the rack seems more common. Men's Warehouse is for private defense attorneys. We have to wear suits every day, poor wearing and poor fitting suits don't work.

nm fucked around with this message at 06:41 on May 28, 2012

Agesilaus
Jan 27, 2012

by Y Kant Ozma Post

Soothing Vapors posted:

I feel like we should have a separate thread so all you public sector poor people can slapfight about who does and doesn't work harder, who does and doesn't put more brown people in jail/keep more rapists out of jail, and share your hot tips about the latest awesome buy-one-get-one sale at the Men's Wearhouse

We do need a separate thread, but it's to differentiate gentlemen and the low class creatures of money who work for whoever fills out their pay cheque on a given date. Do you feel a glove up your arse when you parrot whatever your client wants to say? Can't wait until the public sector realise they have all the guns and prisons, and put you filth under the yoke.

Solid Lizzie
Sep 26, 2011

Forbes or GTFO
Now where'd I put my monocle.....

prussian advisor
Jan 15, 2007

The day you see a camera come into our courtroom, its going to roll over my dead body.

Agesilaus posted:

Do you feel a glove up your arse when you parrot whatever your client wants to say?

On a serious note I've seen this happen in a private criminal defense context more than once at this point, and it must be absolutely infuriating to the defense attorney. Usually it's an angry client demanding that something be brought up at trial that's prejudicial (to the defendant) and that we weren't planning on bringing up anyway (because it's very prejudicial and not really relevant.) This is usually brought on by the defendant loudly insisting that the jury "hear the whole story."

I can't imagine how enraging it is as a defense attorney to see your carefully constructed defense collapse because of a client's self-destructive decisions. It was uncomfortable for me to watch and I was the guy prosecuting the case.

TheAttackSlug
Aug 15, 2008

prussian advisor posted:

On a serious note I've seen this happen in a private criminal defense context more than once at this point, and it must be absolutely infuriating to the defense attorney. Usually it's an angry client demanding that something be brought up at trial that's prejudicial (to the defendant) and that we weren't planning on bringing up anyway (because it's very prejudicial and not really relevant.) This is usually brought on by the defendant loudly insisting that the jury "hear the whole story."

I can't imagine how enraging it is as a defense attorney to see your carefully constructed defense collapse because of a client's self-destructive decisions. It was uncomfortable for me to watch and I was the guy prosecuting the case.

I find that saying "sure client, just sign and date this letter saying that I advised you not to do this because, while it is your Constitutional right to testify, it's such a bad idea here that it would be malpractice not to beg you to shut up and I want to have some record to protect me when you lose" does the trick.

dos4gw
Nov 12, 2005

TheAttackSlug posted:

I find that saying "sure client, just sign and date this letter saying that I advised you not to do this because, while it is your Constitutional right to testify, it's such a bad idea here that it would be malpractice not to beg you to shut up and I want to have some record to protect me when you lose" does the trick.

Yeah I think that's the answer. Getting them to indorse the brief with a nice big signature under the words, "despite advice to the contrary from my legal adviser, which has been explained to me and which i have fully understood, i nevertheless intend to [insert whatever stupid loving thing it is here]" either dissaudes them or covers your arse pretty well.

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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."

prussian advisor posted:

On a serious note I've seen this happen in a private criminal defense context more than once at this point, and it must be absolutely infuriating to the defense attorney. Usually it's an angry client demanding that something be brought up at trial that's prejudicial (to the defendant) and that we weren't planning on bringing up anyway (because it's very prejudicial and not really relevant.) This is usually brought on by the defendant loudly insisting that the jury "hear the whole story."

I can't imagine how enraging it is as a defense attorney to see your carefully constructed defense collapse because of a client's self-destructive decisions. It was uncomfortable for me to watch and I was the guy prosecuting the case.
It is very important for my client to know that I run the case and except for his right testify and his right to plea, pretty much everything is my choice.
And if that makes him unhappy, his rear end can go pro per. Admittedly, that might be harder when the client is signing the checks. That is the problem with being a low end private criminal defense attorney I guess.
Everything is client control. Too many lawyers think they can just do whatever without discusing things with the client. Treating them like human beings is a good first step. And if your client is in jail, go meet them there, not in court. Friday I spent over half the day speaking to incustodies. Those clients will ow basically do anything I ask them to (in terms of their case.)

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