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Spacewolf posted:Referrals from previous-level counsel. ECHR certainly sounds like appellate work... What if those people can't give a good referral?
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Sep 7, 2016 18:26
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blarzgh posted:I don't know how courts work over there, but if someone here in the US described their need for a lawyer in this fashion, it would send up nearly every red flag there is. I'm doing a bad job because I'm not involved in this case - I only foot the bill. What are the three biggest red flags?
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Sep 7, 2016 18:27
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You need a German lawyer who does ECtHR work. You look for those the same way you look for any German lawyer. But you are raising all the red flags and should would do well to stop shovelling whatever money you are into this case.
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Sep 7, 2016 18:41
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I don't know much about the ECHR specifically, but typically bodies like that focus more on resolving broader questions of law, rather than individual disputes. Did they "admit that the lower courts were poo poo in dealing with his case" in a formal written opinion? What makes you think that the ECHR is the best venue to resolve this issue? Did he have the assistance of competent counsel when "fighting this case for a decade?" The big red flags I see are unrealistic expectations, a lack of understanding of where you are in the legal process, and a huge mess of paperwork that will take hours to make sense of. I'd approach a local attorney with the last official court action on your case, and ask for suggestions on the next step to take. Keep it as brief as possible, and listen to what the attorney has to say with an open mind.
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Sep 7, 2016 19:02
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Alchenar posted:You need a German lawyer who does ECtHR work. You look for those the same way you look for any German lawyer. Lawyersrus.com? I'm not trying to troll, I just don't know how to differentiate between good lawyers and bad lawyers the way I would differentiate between a car salesman and a used car salesman. I have the same sentiment about shoveling money into this case, and I am approaching the point where I've considered cutting him off. But it would mean the world to me if one more lawyer could take a look at it. I think previous lawyers had a hard time with the case because my dad dumped all the information on them at the first meeting. I think that he could produce a 2-page summary of the facts which would allow a lawyer to make a better assessment of the case. If the lawyer still gives the thumbs down, then I'd be happy to stop.
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Sep 7, 2016 19:04
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I guarantee someone at the registrar's office made sympathetic sounds when they heard the story. This is not the same as a judicial pronouncement on the merits of a decision by a lower court or tribunal.
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Sep 7, 2016 19:05
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Konstantin posted:I don't know much about the ECHR specifically, but typically bodies like that focus more on resolving broader questions of law, rather than individual disputes. Did they "admit that the lower courts were poo poo in dealing with his case" in a formal written opinion? What makes you think that the ECHR is the best venue to resolve this issue? Did he have the assistance of competent counsel when "fighting this case for a decade?" The big red flags I see are unrealistic expectations, a lack of understanding of where you are in the legal process, and a huge mess of paperwork that will take hours to make sense of. I'd approach a local attorney with the last official court action on your case, and ask for suggestions on the next step to take. Keep it as brief as possible, and listen to what the attorney has to say with an open mind. My dad argued that the lower court took an unreasonably long time in dealing with his case - 6 years. The echr agreed with that and issued some damages. The echr did not overrule any of the lower court rulings. I agree that the echr is reaching too high. I'll argue with him to try the lower court again. But he had little faith in the German system because he is originally Hungarian and he is arguing that there is some discrimination involved in his case. He's a German citizen now. He did have counsel, but he switched between lawyers multiple times as they could not make sense of the massive amounts of med records. I think he needs to work on his talking skills to help in this regard. I have little expectations from this, and I would gladly accept a rejection from a lawyer. But I would like to see a good argument for the rejection. 'I don't get it' or 'I'm too busy' don't cut it. If others have gotten compensation for their illness, I would like to know why my dad isn't. Another issue is that I am not deeply involved in thus. I live in the US and I have a full time+ job.
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Sep 7, 2016 19:21
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What's the illness and how is it work place related?
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Sep 7, 2016 19:29
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Hot Dog Day #91 posted:What's the illness and how is it work place related? It's an allergy - I'll look up the name later today. It affects his lungs mostly, but also his heart. I think it's called aspergillus fumigatus. He worked in a place where they processed trees into wooden slabs. All the German workers were given ppe, my dad was not, even after requesting it. After a worker died because of lung problems, my dad's boss ordered the german workers to stop working in that specific area. My dad continued his duties alone - still without ppe.
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Sep 7, 2016 19:40
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I would try contacting Fair Trials. They lobby around issues like lengthy delays in European trials, but might have the contacts for someone who would be better placed to take on the tyre fire of your dad's case.
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Sep 7, 2016 19:46
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That sounds really awful, I'm sorry.
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Sep 7, 2016 19:46
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theHUNGERian posted:I'm doing a bad job because I'm not involved in this case - I only foot the bill. What are the three biggest red flags? mostly the fact that this case is a decade old, and he's already lost, and he doesn't trust lawyers or the system, and that he may have made mistakes, skipped over issues, or missed deadlines that can't be rectified. But again, I'm in the United States. I know nothing of your strange and exotic lands. He needs to go get a lawyer.
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Sep 7, 2016 20:05
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Hence my initial post. I know my involvement won't do poo poo when compared to him finding a competent lawyer. I'll look into fair trials. theHUNGERian fucked around with this message at 20:20 on Sep 7, 2016 |
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Sep 7, 2016 20:10
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Alright, I found a lawyer in the fair trial web page who has experience in medical trials and who lives reasonably close to my dad. What's the best way to contact thus guy without scaring him off? I'm thinking if a one-page PDF just stating the high level facts along with a second document backing up the high level facts. This would be in contrast to my dad's typical approach if overwhelming the lawyer with _all_ the low level details.
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Sep 7, 2016 21:55
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theHUNGERian posted:Alright, I found a lawyer in the fair trial web page who has experience in medical trials and who lives reasonably close to my dad. What's the best way to contact thus guy without scaring him off? I'm thinking if a one-page PDF just stating the high level facts along with a second document backing up the high level facts. This would be in contrast to my dad's typical approach if overwhelming the lawyer with _all_ the low level details. This is going to be a mind blowing suggestion but, I don't know, maybe you could call him? Instead of dumping wads of text on him to be ignored?
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Sep 7, 2016 22:02
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Kalman posted:This is going to be a mind blowing suggestion but, I don't know, maybe you could call him? Instead of dumping wads of text on him to be ignored? Right. I'll have my dad call and ask for a consultation. Thanks thread. I'll report back.
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Sep 7, 2016 22:07
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theHUNGERian posted:Right. I'll have my dad call and ask for a consultation. If your other posts in this thread are any indication, maybe don't let your dad do the initial contact.
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Sep 7, 2016 22:30
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Chasiubao posted:If your other posts in this thread are any indication, maybe don't let your dad do the initial contact. First contact will consist of asking if they have time for a case, get an appointment, ask what materials to bring. I'll be sure to tell him to be concise. He only needs to show that he is right, but he likes to dwell on how others are wrong, going off in tangents that last 10 minutes and aren't critical - though they may be correct. I'll be sure to look at things with a critical eye before he sits down with them.
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Sep 7, 2016 22:43
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If all goes well please tell the guy to recommend the translator from Inner next time they do their internship hiring.
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Sep 7, 2016 23:17
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Rolled Cabbage posted:If all goes well please tell the guy to recommend the translator from Inner next time they do their internship hiring. This joke is above my head and Google isn't helping.
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Sep 7, 2016 23:32
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See that's why you and your dad are in way too deep. That's a very funny legal joke to the rest of us.
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Sep 8, 2016 00:24
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OMG you guys, that's networking. No wonder you are all posting on the internet not doing wheely chair races in your own PARTNER office. Geez. theHUNGERian that comment was designed not to be googleable welcome to the lawyer illuminati.
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Sep 8, 2016 11:41
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Hey yall DUI question. I live in NJ and was a huge idiot 3 years ago and got a dui. Paid all the initial court fees, took the classes, etc. The only thing I struggled to pay was the insurance surcharge due to being jobless at the time. Fast forward to two weeks ago and i receive a letter in the mail for a proposed judgement against me for failure to pay the surcharge. If I dont pay in full or enroll into the payment plan theyll file a certificate of debt and I definitely dont want that so I enroll into payment plan immediately. I called this morning just to make sure it was squared away, and the rep on the line gave me conflicting info. He said enrolling in the plan doesnt guarantee they wont move forward with the judgement even though the letter states the opposite. So now im confused and kind of worried. Should I be going by what this guy is telling me over the phone or what I have in the letter?
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Sep 8, 2016 19:24
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Ghosthotel posted:Hey yall DUI question. It's doubtful the letter unequivocally states they will not pursue any other options if you accept the payment plan. It's probably in your best interest to continue with your plan, but if the company thinks a judgement will get them more money, they're coming after you.
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Sep 8, 2016 19:31
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The exact wording is "if you fail to pay in full, or do not remit a reinstallment payment to be enrolled in a payment plan by 09/09/16 a certificate of debt will be filed". The way I parsed that was that the installment plan would stop that but def point out if im bad at reading. Edit: im an idiot and just reread what you said. Yeah it doesn't state that the payment plan will specifically stop the judgement just that theyll definitely do one if I don't pay. Welp that sucks lmao Ghosthotel fucked around with this message at 19:57 on Sep 8, 2016 |
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Sep 8, 2016 19:43
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Yo, would a court order issued in Indiana generally be considered legally binding in Nebraska if the two states have different issuing requirements for the same type of court order? I figure probably not but I'm holding out hope that it would be.
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Sep 8, 2016 20:34
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It depends
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Sep 8, 2016 20:37
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Flagrant Abuse posted:Yo, would a court order issued in Indiana generally be considered legally binding in Nebraska if the two states have different issuing requirements for the same type of court order? I figure probably not but I'm holding out hope that it would be. Depends on the type of order and a bunch of other factors.
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Sep 8, 2016 20:37
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They don't measure "yards from an elementary school" any different in Nebraska, I don't believe.
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Sep 8, 2016 21:03
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Flagrant Abuse posted:Yo, would a court order issued in Indiana generally be considered legally binding in Nebraska if the two states have different issuing requirements for the same type of court order? I figure probably not but I'm holding out hope that it would be. Does it fall under one of these areas?
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Sep 8, 2016 21:04
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blarzgh posted:They don't measure "yards from an elementary school" any different in Nebraska, I don't believe. Insert some appropriate smilie (emoticon?) Here.  will do
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Sep 8, 2016 21:25
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blarzgh posted:They don't measure "yards from an elementary school" any different in Nebraska, I don't believe. lmbo
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Sep 8, 2016 21:30
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joat mon posted:Does it fall under one of these areas?
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Sep 8, 2016 22:36
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Good luck. I recommend contacting an lbgt legal advocacy group in NE. They can probably help you better than we can (or at least find you a lawyer, maybe even a pro bono or low cost one).
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Sep 8, 2016 22:41
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Flagrant Abuse posted:No, there haven't been any federal-level rulings on it. I'm trans and since I was born in Nebraska it's their rules that I ostensibly have to go by to change my birth certificate, but since their requirements are more strict than my current state I was hoping that I could just use a court order from here on full faith and credit grounds. That is a very good test case that some liberal or lgbtq advocacy group will probably love to help with. Good luck, sincerely.
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Sep 8, 2016 23:19
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Yeah, maybe contact lambda legal.
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Sep 8, 2016 23:24
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Crazy question, I saw that some police departments are posting stuff like this on Facebook: Hypothetically, if someone did take the offer seriously and was arrested, would it stand in court or be thrown out?
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Sep 8, 2016 23:38
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That's like, entrapment, man.
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Sep 8, 2016 23:49
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Dr. Arbitrary posted:Crazy question, I saw that some police departments are posting stuff like this on Facebook: Bring it to the station? Totally admissible. House calls? There are ways the police could bungle it, but in most scenarios, admissible. Stupidity has no constitutional protections.
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Sep 8, 2016 23:57
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Aight cool, I was hoping it'd be simple, but if it'll take a fight, then they'll get one. Thanks folks.
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Sep 9, 2016 00:13
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