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entris
Oct 22, 2008

by Y Kant Ozma Post

joat mon posted:

I thought earlier about recommending that each attorney who practices posts in this thread put their own comedy disclaimer in the OP and that whoever's is the worst has to answer all the stupid questions.

We should totally do that.

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entris
Oct 22, 2008

by Y Kant Ozma Post

DOCTOR ZIMBARDO posted:

Would it imperil my character and fitness hearing if I smash the guitar of one of the other bar applicants when he spends all the exam break time sitting outside playing white boy blues? This for the Maryland bar, if it matters.

Rule 2:19 of the Maryland rules actually require you to break his guitar because holy poo poo playing awful guitar music during bar exam breaks is active warfare against other bar applicants, especially if he is crooning along.

entris
Oct 22, 2008

by Y Kant Ozma Post

Alchenar posted:

Your stuff is gone and never coming back. Chalk it up as a $200 life lesson in being more careful with your property.

About the other thing: yes, you should report the guy who tried to murder you.

I agree with both of these points.

entris
Oct 22, 2008

by Y Kant Ozma Post

Arcturas posted:


Both of those are attempts to collect, but they don't fall under the classically prohibited "self-help" heading of showing up at your house with thugs to take your stuff and break your kneecaps.

I think all lawyers should be required to collect their bills this way. We would finally get the respect we properly deserve.

entris
Oct 22, 2008

by Y Kant Ozma Post

Ashcans posted:

Sort on on this topic, are there any professional or legal restrictions on how a lawyer can take payment? For instance, a lawyer does a bunch of work for a client. The client is late paying several bills and then says that they don't have any cash available - but they offer to pay in either assets or services (maybe they run a cleaning business and offer to provide cleaning for the office/lawyer's home equivalent to the amount owed). Is it fine as long as both sides agree to the change in payment, or is there some sort of limitation involved similar to gifts?

Edit: My only context for this is that Matt Murdock used to get paid in things like chickens and sausages, but I am pretty sure no one at Marvel ever bothered to check if that was ok.

Attorneys can barter/trade for their services. I know a dinosaur attorney who once accepted a bunch of oriental rugs as payment from a client (who was a rug dealer).

edit: pretty sure that sex can't be part of the barter/trade exchange. Or contraband.

entris
Oct 22, 2008

by Y Kant Ozma Post
So she communicated that the laptop was freezing, both verbally and in writing, and the repair shop spent several hours testing it before it finalized the sale?

gently caress 'em. When they accepted the laptop after the testing, and after prior disclosure of the potential issue, they accepted any risk that it would turn out to be a dud or whatever.

You don't get to cancel a sale after you had notice of an existing problem AND a chance to investigate it.

edit: If they have a problem with this sale, then they should have done better testing OR declined the sale.

entris
Oct 22, 2008

by Y Kant Ozma Post

The Fomo posted:

Thanks for the quick feedback. Assuming I were to stay, would there be anything that can be done about the dubious status of the non-profit arrangement, or does the signing of a lease preclude that kind of thing?

There's nothing dubious about a tax-exempt organization renting apartments to people. Tax-exempt organizations can invest in real estate, rent it out, and pull a profit from it. What they do with the profit, of course, is limited by the rules pertaining to tax-exempt organizations. But they can charge you for rent, even if the rent seems high to you, and they aren't breaking any rules regarding tax-exempt organizations.

If you think the organization is sketchy or something, you can always contact the New Jersey Attorney General's office. In most states, the AG is authorized to investigate charities. It's unlikely that anything will come of it, though.

entris
Oct 22, 2008

by Y Kant Ozma Post

SkunkDuster posted:

This is just kind of daydreaming "what if" stuff, but I was looking at the Powerball "Winners' Stories" and one lady formed a single person LLC to claim her winnings. Is there some financial advantage to creating a LLC? If so, why don't all the winners do it?

If you did win the lottery, what type of lawyers would be best to hire? I'd assume you would want a tax lawyer for sure. Any others?

If you win a big lottery, the first thing you do is hire a team of advisors. You hire a financial advisor, a tax accountant, and a tax attorney who handles high net worth clients.

Lottery winners who use LLCs to collect their winnings are forming an LLC for privacy reasons, not for tax reasons. There's no tax benefit to forming an LLC to hold your winnings, especially not a single-member LLC. But in most states, the owner of an LLC is not easily discoverable by the public, so you can create an LLC with a registered business office at your attorney's office, and you are effectively shielded from the public eye.

entris
Oct 22, 2008

by Y Kant Ozma Post

joat mon posted:

It doesn't look like felonies before 2009 are expungeable. It looks like you'll have to wait another six years to ask for a pardon. The eight-year waiting period for pardons can be waived, but the FAQ says that's rare.

Pardons
pre- 2009 conviction Expungement

(but check with a WI attorney)

joat mon, aren't his felonies federal? I'm not a crim guy at all, but the wording of his offenses look like they reference the federal controlled substances categories?

entris
Oct 22, 2008

by Y Kant Ozma Post
Re: selling a car with defects

I would include:

1. An affirmative disclosure of the known defects.
2. A release by the buyer of liability for unknown defects.
3. Indemnification by the buyer against claims brought by 3rd parties harmed by the buyer while driving the car.

#1 and #2 protect the seller against the buyer, but these are contract terms that won't shield the seller from tort claims brought by people who are 3rd parties to the contract. #3 is the provision that protects the seller against claims from 3rd parties.

entris
Oct 22, 2008

by Y Kant Ozma Post

xxEightxx posted:

And then the economy rebounds, you are an 8 year attorney averaging about $250k a year, and a couple years off from being an equity partner. Meanwhile non-lawschool you is still making 40k a year. Man I love hypothetical wars.

You really think that CaptainScraps post is equivalent to yours?

CaptainScraps lays out certain estimates of costs, which are guesses but they are constrained by reasonable knowledge of the facts. You are presenting a highly unlikely scenario which incorporates several embedded assumptions (assumptions: nern gets a partnership-track associate position, that he survives 8 years, that his pay averages $250k a year, and that he can make equity partner in the firm). All of those embedded assumptions have a pretty low probability of success.

Hey nern, what law school are you going to?

And let me lay it out for you, as I studied philosophy in undergrad. You are correct that graduate work in philosophy is a money-sink with .0001% chance of finding a job. Law is a better market, but not much better.

You are about to sink a bunch of money into a degree that is a questionable investment. You have a family that you are about to put into debt.

Your backup plan is to proceed with a PH.D. philosophy program? Are you kidding me? You are saying that if your risky law school plan doesn't pan out, you'll just move on to an even riskier graduate school plan? And incur more debt?

You are making a terrible mistake - not because law school is certain doom, but because you have exhibited terrible, terrible thinking, and if you use similar thinking in law school, you are going to ruin your life. You do not seem like a promising law school student, and the fact that you're going to law school in Pittsburgh tells me that you aren't going to a great law school.

Poor thinking + poor law school = unnecessary student loan debt (not dischargeable in bankruptcty) = very sad family.

entris
Oct 22, 2008

by Y Kant Ozma Post
While suggesting that the OP commit arson is clearly the most-level-headed strategy, I think you guys are missing the point: it's $400. The gallery owner is talking tough now, but if the OP actually files a small-claims action, the owner may change his tune upon receiving service. There's something about the formality of complaint papers that intimidates people. And filing a complaint is a signal to the owner that the OP is serious about getting his money back.

I say that the OP should wander down to the local courthouse and fill out one of the pro se form small-claims complaints for breach of contract, unjust enrichment, etc.

entris fucked around with this message at 19:09 on Aug 24, 2012

entris
Oct 22, 2008

by Y Kant Ozma Post

Arcturas posted:


EDIT: And entris, why not a small claims complaint? To a layperson it looks just as formal, plus recovery of costs & fees is more clearly explained to plaintiffs.

Sorry, I was unclear - I think a small claims complaint is the way to go.

entris
Oct 22, 2008

by Y Kant Ozma Post
The worst part about this entire issue is that you aren't going to work for them now. Even if they discriminated, and get smacked by the local Idaho ADA-style authorities, you won't enjoy working at a place that you filed legal action against. And the chances are that you would get let go within a year anyway, for some reason or other.

The best you can hope for, realistically speaking, is some amount of damages - but I wouldn't expect to get very much, if you get anything at all.

In other words, keep up the good fight because it's important to do so, but don't expect any personal reward from it. In the meantime, keep looking for other work.

entris
Oct 22, 2008

by Y Kant Ozma Post
I don't think that second link is worthwhile, joat. The statutory authority for that section, 711.002(g), simply authorizes three methods for declaring one's intentions; it doesn't affect the priority of who may give effect to those intentions. A better document would be the statutory form for "appointment of agent to control disposition of remains", found at 711.002(b).

discoukulele - go have an attorney draft up a simple will, a power of attorney for financial matters, and the advanced medical directive documents. I practice in this area and I abhor the use of forms. This is an important decision, don't go it alone. I'm sure you can find an attorney who can help you out for cheap.

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entris
Oct 22, 2008

by Y Kant Ozma Post

areyoucontagious posted:

Depends on the bullets. Arrows, sure. .50 BMG? It's iffy.


Basically the set up would be a target, and then a sheet or two of plywood, and then my 7-ft fence behind that, and then my front yard, and then my street.

Nope. Don't do it.

For one thing, if you send an arrow into the street, you are almost certainly risking both civil and criminal liability.

For another, every time you go out to shoot, your enjoyment is going to be tempered by the worry that should be in the back of your head.

Do you have no other angle that you can use? Can you stand on a back porch and fire down at an angle, so that the ground is your backstop?

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