|
Richard M Nixon posted:Wow...that is scary Believe it or not, around 1/4 of my practice is handling tech cases and hooking up other lawyers who are handling tech cases with appropriate experts.
|
#
¿
Feb 14, 2010 14:17
|
|
|
|
| # ¿ Apr 29, 2024 12:01 |
|
|
Richard M Nixon posted:I'm a CS student and I'll be going on to grad school before I am 'done'. I'm interested in forensics and cryptology (not for a living, but for fun, and I've done the DOD's forensics challenge); is there any sort of professional organization for people like me who do expert witnessing? I'd assume all you would need is a good enough degree and experience, but the other replies lead me to believe that professors get a lot of the gigs. Do big law firms (X & Y & associates or whatever the gently caress law firms call themselves) employ techies full time or contract with people to do that poo poo? If you are going to do forensics and therefore are processing evidence, you need to have a basic understanding of the rules of evidence and chain of custody procedures. There are bootcamps for computer forensics and there are organizations which offer certifications in the field - http://www.isfce.com/. Most big firms now have a few lawyers with a tech background. Back when I took an interest in this subject, that was not the case. I was a bit ahead of the curve, made some money as a lawyer helping other lawyers understand their tech cases. Now, most big firms have someone with similar skills inhouse, often "staff lawyers" as opposed to traditional associates. Therefore, most of my tech work is helping smaller firms or solos, as biglaw has caught up. Richard M Nixon posted:I realize this will be a silly question, but I've read a few peer reviewed CS journals, and I can't imagine anyone who doesn't Lawyers almost always find expert witnesses from either word of mouth or researching what other lawyers have done. We have listservs, and we look up the expert witnesses used in other similar cases using research tools like Westlaw and PACER. I have never read a CS journal and I never intend to. The experts I have hired, or located for other lawyers, have come in four ways - 1) through knowledgeable posting in computer forensics listservs, 2) from meeting at forensics conferences and/or seminars, 3) knowledgeable blog writing on advanced tech topics, or 4) research into similar cases, as above. In the years prior to the internet, expert locating services would keep paper directories of experts and their areas of expertise. Those services are dying with the explosion of the internet - I don't know any lawyers who still use those services.
|
|
#
¿
Feb 15, 2010 02:24
|
|
to source code to actually read it, much less keep track of who writes on what. Do lawyers or other legal people get subscriptions to journals in different fields to keep a list of current experts, or is it more word of mouth?
|
zharmad posted:Real estate question. I'm confused - did your parents grant you an interest back in 1997, then transferred the rest of their interest to you in 2008/2009? If so, what prompted the second transfer?
|
|
#
¿
Feb 15, 2010 02:30
|
|
|
zharmad posted:
Yikes - I wouldn't dismiss the prospect of the IRS attempting to unwind the transaction as a fraudulent transfer. Federal tax liens are nasty business.
|
|
#
¿
Feb 15, 2010 11:53
|
|
|
ODC posted:but $175 is still a lot of money $175 is not a lot of money. The filing fee for any lawsuit anywhere is likely more than that. Forget it and move on. The rest of the responses are law-school hypothetical nonsense.
|
|
#
¿
Feb 18, 2010 01:39
|
|
|
TheBestDeception posted:Maybe, Mr. Solomon Grundy, ODC wants justice, even if said justice might come at a price to him. Isn't that worth fighting for? No.
|
|
#
¿
Feb 18, 2010 04:57
|
|
|
JudicialRestraints posted:http://en.wikipedia.org/wiki/Quantum_meruit In my state, if there is an express contract, all quasi-contract theories are barred, so don't get all excited about quantum meruit until you check local laws. Solomon Grundy fucked around with this message at 22:21 on Feb 18, 2010 |
|
#
¿
Feb 18, 2010 22:19
|
|
|
entris posted:Given how lovely the legal market is right now, lawyers are starving for work. I'm sure you could find a competent attorney for a reasonable fee, who could help you out with your contracts. You could probably even find a lawyer to review your contract in exchange for web design services. What state are you in?
|
|
#
¿
Feb 20, 2010 03:06
|
|
|
MMania posted:I've got a five year old roof that's starting to fall apart, unfortunately it was done right before I bought the house but fortunately they filed a building permit so I have the name of the business. I'm in MA and the company's in NH, do I have any rights here to have them fix their shoddy work or pay for a real company to get my roof redone? Probably not. You were not in a contractual relationship with the roofer. You do not have standing to bring a breach of contract claim. Unless your state has a weird tort that covers this sort of situation, you are out of luck.
|
|
#
¿
Feb 24, 2010 18:47
|
|
|
Why are you people debating whether or not suit could be brought in PA? All of the parties live in LA. Why on earth would the plaintiff choose to travel hundreds of miles to prosecute a lawsuit? 
|
|
#
¿
Mar 4, 2010 01:29
|
|
|
JudicialRestraints posted:He can probably get punitive (especially for them impugning him in a professional capacity). In that case all I can suggest is that he make a good impression on the Judge/Jury because they're the ones who decide if he gets more than $1. An award of punitive damages doesn't help if the defendant is uncollectable.
|
|
#
¿
Mar 4, 2010 12:08
|
|
|
BlackMK4 posted:My girlfriend (MY GIRLFRIEND) bought a VW Jetta GLI about 4 weeks ago with a Honda S2000 as a trade - 4k left from the trade after loan payoff - GLI was a 2006 for like 16 or 18k. The VW dealership had her approved through VW financial, until they called her credit companies over the next two weeks- they call my girlfriend and tell her that they need another $1600 cash down for VW to finance it and they have to drop gap coverage/warranty/change payment length to make it a 36/mo loan, two weeks later now they are telling her that VW still won't finance her at all and that she needs to call Wachovia and answer some questions to see if they will finance her - if they won't then she has to return the car. This sounds like a job for a consumer lawyer. Paging Sam Glover. anonexpedient posted:When I was in junior high a friend and I basically got busted for some minor mischief. We both received misdemeanor offenses for, iirc, vandalism or something like that. It was basically a lot of bullshit dealing with angry power-tripping cops who liked to yell at 14 year olds for causing 200 dollars worth of damage to public property. So after it was all said and done, I just had to do some community service and was put on probation. I was also told that it could be expunged or sealed after I turned 18, but I'm unsure about the process and am reading conflicting statements online about some of this stuff This is a total state-specific question. In my state, juvenile records are sealed automatically, and do not need to be formally expunged. If your state does require some expungement proceeding for juvenile offenses, then yes, your best bet would be to find a lawyer. In my state, expungement (for adults) requires a motion and hearing, and the last one I did for about $600. If you have a local bar association, call them and ask for a referral to a criminal defense lawyer, who would be most likely to know how to accomplish your goal.
|
|
#
¿
Mar 10, 2010 02:39
|
|
|
Han Solo posted:Earlier today I used my perfect pull ups (they are a pull up bar and handles that you install into your door frame.) As I was doing my first or second pull up, the handles both snapped. I fell on my back and my head whipped into the tile floor. My toe is also killing me but thats no biggie. I'm pretty sure I have some kind of concussion. I didn't get knocked out but I started feeling very weird afterwards and my vision became very blurry for a while. Now I just have a bad headache and I feel like crap. Its taking me much longer than normal to write this. I would go to the hospital but I know there's no point. I've had this happen to me before in rugby games and the hospital does nothing but tell you that you don't have internal bleeding and then charge you a ton of money. Do I have any legal basis to sue the perfect pull up company? I understand that accidents happen as a result of normal living that are no ones fault and I don't like to go around blaming stuff on other people but I only used these pull ups because I thought they were safe and now I have another concussion. I live in New York. If this situation is what is referenced by rule 5 in the first post, forgive me. No case unless you have a brain bleed and end up in a wheelchair. Product liability cases are expensive, hard cases, and are only worth a lawyer's time if there are big damages at the end of the rainbow.
|
|
#
¿
Mar 11, 2010 00:07
|
|
|
anonexpedient posted:Any idea if the misdemeanor will show up on an employee criminal background record check if I apply to, say, a large corporation? It is either sealed automatically because you were a juvenile (which means no) or it will not be sealed (which means yes), and that is a state-specific issue.
|
|
#
¿
Mar 11, 2010 11:37
|
|
|
excellentcoffee posted:Location: Ohio. Warning - not a criminal lawyer. 1) In a sense, you gave up your Miranda rights by speaking before the grand jury when you had the right to remain silent. However, you still have the right to stop speaking. But the cat is already out of the bag. 2) It means that the cops suspect you of committing a crime.
|
|
#
¿
Mar 21, 2010 03:13
|
|
|
Alaemon posted:Also, do NOT lie to your attorney, either by omission or commission. Thirded. The worst disasters of my legal career have always started with a client concealing information from me.
|
|
#
¿
Mar 23, 2010 00:41
|
|
|
Cortel posted:I'm in Illinois. Not an Illinois lawyer, but she should consider calling the police and reporting a theft of the check. If the police won't help, then, theoretically, in my state at least, she would have a civil action for replevin (which is legalese for "give it back"). IceWolfe24 posted:After I was married, my wife and I bought a house. Well, I guess *I* bought a house, although she had to sign off saying she gave her permission for me to do so. She was not a signer on the mortgage. Unfortunately, I lost my job two years later, and to make a long story short, we ended up divorcing after losing the house to a foreclosure. Not a Michigan lawyer either, and not a domestic relations lawyer. But I would expect that these issues should have been worked out in your divorce decree, and your divorce decree probably bars any further litigation of these issues under the doctrine of res judicata. For a definitive answer, find a Michigan family lawyer.
|
|
#
¿
Mar 26, 2010 19:31
|
|
|
IceWolfe24 posted:Actually, at the time of the divorce, there was no knowledge of this debt at all, thus there is no wording in the decree regarding it. I did not learn of the outstanding balance until after the divorce was final. I appreciate your insight, however. I don't understand your statement that "there was no knowledge of this debt at all." In your first post, you said you got divorced after losing the house to foreclosure. Are you saying that you didn't know the amount of the deficiency judgment at the time, so you didn't know of the debt? I don't think that flies. Not knowing of the amount of the debt is not the same as not knowing of the debt. Your divorce lawyer should have accounted for the eventual deficiency in the decree. My gut tells me that you are out of luck, but check with a local lawyer.
|
|
#
¿
Mar 26, 2010 23:59
|
|
|
IceWolfe24 posted:Unfortunately, it was not a written agreement, but a verbal assessment by them. Nothing legally binding as it is considered speculation on their part. I honestly think they took the first offer handed to them just to be rid of it. I don't want to throw dirt on you, and I am sorry for your situation, but this was avoidable if you had hired a lawyer for your divorce. The lawyer's job is to spot issues like this. I think it is still worth checing out with a michigan domestic lawyer, but I think you will find that the fact that this was not accounted for in the divorce decree is going to bar a later action.
|
|
#
¿
Mar 27, 2010 12:38
|
|
|
my cat is norris posted:Hey, speaking of apartments -- Not basic questions. Very complicated questions in fact. You have created some sort of quasi-sublessor situation. Are you co-tenants with a side agreement, or are you some sort of landlord? Does your state's statutory tenant-landlord law apply? You could argue about these issues all the way to your state supreme court (whatever state you are in) because it is a weird relationship.
|
|
#
¿
Mar 30, 2010 00:18
|
|
|
Alchenar posted:On the other hand his roommate might just be a simple lodger. Lodger as in a hotel guest? That would be an interesting argument. That makes it even more complicated. Your safest bet would be to look up PA's landlord-tenant law and treat the roomate as if he was your tenant.
|
|
#
¿
Mar 30, 2010 10:59
|
|
|
Incredulous Red posted:This sounds like it might be hearsay Admission of a party / opponent. Not hearsay. You should be able to get a judgment in small claims, but that is only half the battle. Is your roomate collectable? Does he have insurance? If the answer to those questions is "no" then don't waste your time.
|
|
#
¿
Apr 3, 2010 03:14
|
|
|
Nietzschean posted:I have an invention idea. It is a software application which could be used with present electronic hardware in a specific medium. How do I go about researching if this idea is already patented, and, if it is not, in getting it patented? Will I need to patent just the software, or do there exist some sort of loopholes like with processes or materials? What type of paperwork, legal counsel and other professionals will I need to assemble before I can do this? My goal is to sell my idea to another entity outright for a sum of money, but to make sure that it's buttoned-up tight before I enter discussions so that it can't just be taken and used. Patents are horribly complicated and are not do-it-yourself friendly, or even really do-it-yourself possible. In order to determine whether the idea you have is patented, you must have a "prior art" search done by a patent professional - not just a regular lawyer, but a lawyer who has passed a specialized patent bar exam. This is a process that costs of many thousands of dollars. Then preparing the patent application is likely to cost many more thousands of dollars. You can go and try to sell your idea with or without a patent. You are on your best footing if you get a patent. If not, you will have to get the folks you are selling to sign a confidentiality agreement. This is a much more dangerous approach, because once you tell your idea, it is out of the bag, and the other party could conceivably make some design changes and seek a patent on a similar design outside the scope of your confidentiality agreement. If you don't have the money to pursue the patent, you might want to find financial backing. That is tough to do, for a lot of reasons. If you go in and tell a backer about your idea, he or she may steal it and patent it, unless you have them sign a confidentiality agreement. Most banks won't take a wild-eyed risk on a potential invention. Most private investors are going to want a big share of ownership. That will impact you when you sell. Or you can just call Anthony Sullivan and try to get on an episode of "Pitchmen."
|
|
#
¿
Apr 7, 2010 02:48
|
|
|
jase1 posted:I haven't broken the law every time. I have been pulled over now for a 7th time last night and I was with people and had one of them record it. I was only breaking the law twice out of the 7 times. Each time he has pulled me over he has made me take a DUI test and each time I have passed. Last night he pulled me over for what he says was my license plate light wasn't working but when I got out of the car it was on and I explained to him it's on and working. He told me that he couldn't see it on and then gave me the DUI test again. I explained to him that my friend was recording this and he said he didn't give a gently caress. He also wrote me another yellow warning and refused to give me his badge # but I have his name and vehicle number. Just then they came in sight of thirty or forty windmills that rise from that plain. And no sooner did Don Quixote see them that he said to his squire, "Fortune is guiding our affairs better than we ourselves could have wished. Do you see over yonder, friend Sancho, thirty or forty hulking giants? I intend to do battle with them and slay them. With their spoils we shall begin to be rich for this is a righteous war and the removal of so foul a brood from off the face of the earth is a service God will bless."
|
|
#
¿
Apr 11, 2010 23:30
|
|
|
EvelynPoor posted:Back in July 09, I was disowned by my parents for reasons I will not disclose here. I wanna hear that story.
|
|
#
¿
Apr 14, 2010 11:08
|
|
|
dvgrhl posted:My guess is you are gay and your religious parents don't really have the love of Jesus in their heart like they preach to others about. Also, your parents disowning you really has nothing to do with the question you are asking, so including that bit of info but cock-blocking us on why it happened is mean, and thus I think that anyone that replies to you should guess as to why it happened. Okay, I'm in. I don't think she's gay, I think she picked the wrong guy. You know, the guy in a black leather jacket, the dangerous one. Think young Marlon Brando. She broke curfew again and again, racing around on the back of Brando's motorcycle, sneering at her parents. She was an embarassment to the whole family, and dragged the "Poor" family name through the mud. Being from a small town in Iowa, there was no greater crime. As to the legal question, I don't know California law, but in my state, the OP would have no claim to recover the $950 voluntarily paid in the first place.
|
|
#
¿
Apr 15, 2010 02:44
|
|
|
xaoult posted:I got a communication cease and desist letter that wasn't even certified from the parents of a 23 year old adult. I'm not sure if they can tell me not to talk to another adult, is this even possible? There is nothing magical about putting the words "cease and desist" in a letter. There is nothing magical about sending a letter by certified mail. What you got is a letter from a girl's parents telling you to keep your grubby goon paws off of their precious princess. Unless the letter came from a court or a prosecutor's office, there is no legal effect. Feel free to keep on stalking!
|
|
#
¿
Apr 16, 2010 11:15
|
|
|
warheadr posted:I've suddenly gotten into a bit of a clusterfuck of a situation with my apartment and am looking for some advice. Apologies if this is stuff that's been touched on already, I've spent so long looking all over the internet for information I may have missed it glancing through the thread. Start by contacting the attorneys for the bank. If you all stop paying your rent, the bank will lose. So they have some motivation to solve the problem. Whether they will be permitted to solve the problem by the water company is a different matter. But certainly, don't pay the bank if you are not receiving a habitable dwelling. I am not a Virginia lawyer, but I would be shocked if the assignment gave the bank any greater rights than the landlord had. If, under the VA code, your liability for rent is cut off by the landlord's behavior, then your liability to the bank is likely cut off as well.
|
|
#
¿
Apr 22, 2010 11:30
|
|
|
floramarche posted:Ohio Probate questions With the clear understanding that this is not legal advice and is presented for information purposes only, here are my off-the-cuff, no-legal-research-performed, we-do-not-have-an-attorney-client-relationship answers: 1) Am I correctly reading the order of descent as whoever is closest to the decedent has full rights and responsibilities to the estate, or would people in the next category also have a say? For example, if a child is the closest living relative, but the decedent's mother is also living, would the mother be able to contest the child's administrator request? The administrator has full rights to manage the estate, subject to liability to the other beneficiaries for mismanagement or self dealing. Yes, any potential beneficiary may object to the appointment of an administrator. The administrator typically needs to be an in-state resident, and must have sufficiently good credit to be bondable. 2) Are personal items, such as clothing, small electronics, furniture etc. considered to be part of the estate? Do these things need to be part of the inventory, or is there a dollar limit below which items need not be disclosed? All assets are considered to be part of the estate, but most inventories I have seen have grouped the household goods together without individually listing the goods. 3) When writing the inventory, is it necessary to hire an appraiser, or can the administrator assign value him/herself? I don't think you need an appraiser for anything other than real estate. 4) Would I need to file an application to be named administrator before requesting summary release, or can these be done concurrently? Yes, you must file an application first. 5) How long does the process typically take? Would it be feasible to have everything completed within a week of the family member's death? [asking as I live several thousand miles away.] Nothing gets done in the legal system in a week, and if you live thousands of miles away, you are unlikely to be named the administrator. 6) If the estate is over the $5000 limit (unlikely), how does this complicate the probate process? What are the effects on the timeline? You would have to go through full administration, which takes longer and requires more filings. Hard to predict a timeline for a specific court - all county probate courts have their own rhythm.
|
|
#
¿
Apr 27, 2010 17:42
|
|
|
floramarche posted:Thank you Solomon Grundy and entris. That cleared up a lot for me. Most Ohio probate courts will appoint a local probate lawyer to act as the adminstrator under these kind of circumstances. It is often a losing proposition for the lawyer, but they/we do it to keep the goodwill of the probate court. But if nobody seeks to open the estate, the court will never know to appoint someone.
|
|
#
¿
Apr 29, 2010 01:25
|
|
|
Incredulous Red posted:Talk to your union rep? Charter schools typically aren't unionized (which is why conservatives love "school choice" so much).
|
|
#
¿
May 3, 2010 11:05
|
|
|
Clip My Wings posted:Question and I apologize if it's been asked before as I must've missed it. There's no absolute answer to this question. In most PI cases, at least in my state, the settlement agreement does not become public. But there are situations when the settlement agreement does get filed with the court. For example, if you were a minor when the settlement occurred, the probate court may have had to approve your settlement. Or if the defendant refused to pay after signing the settlement agreement, an enforcement action may have been necessary, which would have required the settlement agreement to be filed. So your best bet would be to call the lawyer who handled the case.
|
|
#
¿
May 4, 2010 03:31
|
|
|
Auracounts posted:You might want to consider consulting with an attorney in your area that focuses on insurance/personal injury cases, because they will have ample experience dealing and negotiating with adjusters. Most will consult for free, and if they decide to assist you, most will assist on a contingency basis. Yes, but if you go to them with JUST a property damage case and you were not injured, do not expect them to take the case on a contingency fee.
|
|
#
¿
May 6, 2010 20:41
|
|
|
Xinlum posted:So if I contacted the ACLU and they took the case or whatever, they pay the lawyer? Yes but they won't take the case.
|
|
#
¿
May 19, 2010 01:01
|
|
|
Xinlum posted:
Normal principles of U.S. law don't apply in TX. Get on your knees and pray to Jesus, you filthy heathen.
|
|
#
¿
May 19, 2010 10:58
|
|
|
entris posted:Go to law school and then practice human rights law. The ACLU always needs new lawyers for its staff and stuff, so it's super easy to get a job there, although it only pays like $80k so it's not great or anything. Oh Jesus.
|
|
#
¿
May 19, 2010 21:06
|
|
|
SWATJester posted:It depends on the circumstances whether the lyrics were a work made for hire or a joint venture between the authors. And - it is not an easy question at all. The end result is that you may be able to use the lyrics, but you may have to pay a performance royalty. But it is a well complicated analysis before you get to a result.
|
|
#
¿
May 21, 2010 17:39
|
|
|
JudicialRestraints posted:My contracts class was kind of a gigantic joke, but I do remember the professor mentioning a 'parol evidence rule' The parole evidence rule only bars verbal representations prior to, or contemporaneous with, execution of the contract. It does not bar later verbal modification. It is unclear to me when the health club is claiming the modification took place. But as Alchenar says, the judge's first question is going to be why that provision is not in the contract.
|
|
#
¿
May 24, 2010 17:10
|
|
|
saintonan posted:I have a question about the process of hiring a lawyer. I was divorced nine years ago, and have paid child support consistently since the judgment was issued. The children are now over 18 and graduated from high school, so the focus has shifted from child support to college expenses. I've received correspondence from her attorney, and I don't know enough about the law to understand whether the offer is fair or not. Normally, I would tell you that the best way to find a lawyer is by personal reference from clients of that lawyer. I would say to ask any divorced friends who he or she used, and whether or not he or she liked the lawyer. But in the field of divorce, most clients end up hating the attorney by the end, so you are unlikely to find a lawyer this way. The next best way to find a lawyer is by asking another lawyer. If you know any lawyers at all, ask them to recommend somebody that does divorce work. If you don't know any lawyers at all, the next best way is to call a local bar association, and see if they have any lawyer referral service. My local bar association has a list of attorneys and what fields they practice in, and the bar association makes sure that the attorneys on the list have malpractice insurance and some experience in the field. If there is no bar referral service, then google or the phone book. Rates vary quite a bit based upon a number of factors - cost of living, proximity to a big city, size of the law firm, experience of the attorney, etc. Divorce practitioners in my part of the midwest, near a 200,000 person city, charge from $150-$250 per hour, and would require a $2,000-$5,000 "retainer." A retainer is an advance payment against which the attorney bills, and then refunds the remainder at the end of the case. Lawyers near bigger cities will charge much, much more. If anyone charges much less, then be suspicious that the lawyer is brand new and doesn't know what he or she is doing. Good divorce lawyers typically (1) have been out of law school 10+ years, (2) do a substantial amount of divorce work, and (3) are associated with some sort of firm, where the lawyer can walk down the hall and get an answer to a tax or probate question from a lawyer in that field if the need arises in your case. Bad divorce lawyers typically (1) have been out of law school 1-5 years, (2) do not do a substantial amount of divorce work, and (3) are solo practitioners, with nobody to help or mentor them. Questions to ask include: How long have you been out of law school? Tell me about your firm - how many members, what other sorts of work does the firm do? What was your background prior to joining this firm? How many divorces and support matters have you handled? How do you handle fees and billing? You need to trust your lawyer. If you talk for awhile and get a weird feeling, or don't feel good about it, move on.
|
|
#
¿
Jun 2, 2010 17:44
|
|
|
|
| # ¿ Apr 29, 2024 12:01 |
|
|
saintonan posted:Thanks for the quick response. You said one of the questions should be You are looking for relevant prior experience or a lack thereof. There is one solo divorce attorney in my area who spent 10 years at a very well-regarded firm, then 20 years as a magistrate in the local divorce court. He has seen it all, and doesn't need to be in a law firm to ask other lawyers questions. If, however, someone has been solo since the day he or she graduated from law school, that usually means that he or she couldn't get a job upon graduation. Buyer beware. Other helpful prior experience is acting as a judicial clerk, especially in the divorce court.
|
|
#
¿
Jun 2, 2010 18:27
|
|