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ShadowHawk
Jun 25, 2000

CERTIFIED PRE OWNED TESLA OWNER
How much do typical small time "I just have this personal fairly typical issue" independent lawyers without a particularly rare specialty charge? Are billable hours subject to sneaky rounding (like a 2 minute call == 1/4 hour)? How does this differ if you go to a bigger firm?

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euphronius
Feb 18, 2009

$100-$300 an hour depending on experience and the local economy. Hours are usually rounded up to the nearest .6 or .25 and there usually is a minimum charge per contact. So a 20 second phone call gets the minimum contact price*. Lawyers don't usually talk to each other about how much they charge because it is an anti-competitive practice (illegal) to set prices.

Large firms in large cities charge 600-1000 an hour for partners and somewhat less for associates. They milk their clients, but their clients are huge companies who don't blink at 100,000 monthly litigation bills so thats how they make money and afford nice office buildings and hordes of support staff.

In the good old days, all the lawyers in a town agreed what they would charge people and the prices would get printed on a list which they would all use. No matter what lawyer you went to, it was $35.00 for a will and so forth. Also bills were usually one line and just listed the total amount due "for services rendered." Ahh. the good old days.


*please see one of my earlier rants about how a "20 second phone call" is actually a surprising amount of work for an attorney.

Florida Betty
Sep 24, 2004

woozle wuzzle posted:

Beware yea future homebuyers, for the HOA is Satan! (I'm sure some are pretty great... I guess ask neighbors about it before you buy)

There's a mediocre horror novel based on this very theory.

Skunkduster
Jul 15, 2005




Years ago, I was the front car at a red light in a left turn lane with a cop behind me. The cop flipped on his lights and sirens and started honking his horn, so I assumed I was getting pulled over. As soon as the light turned green, I did my left turn and the cop just took off going straight down the road. Turns out, he just wanted me to get out of his way.

Could I have been found guilty of obstruction if the only option for getting out of his way was to break the law and run the red light?

Loopyface
Mar 22, 2003

SkunkDuster posted:

Could I have been found guilty of obstruction if the only option for getting out of his way was to break the law and run the red light?

You would've been complying with a lawful order.

FrozenVent
May 1, 2009

The Boeing 737-200QC is the undisputed workhorse of the skies.
How is "go through this red light with a non-emergency vehicle" a lawful order?

discarded box
Oct 15, 2008
Sorry if this isn't appropriate for the thread, I don't know where else I could ask and I don't want to make a new thread about it. I live in Massachusetts. I had a seizure while I was driving and totaled my car. I was told by my doctor and the police on the scene that this meant a mandatory 6 month suspension on my license, but I received a letter in the mail from the DMV stating that my license has been revoked indefinitely for reason "IMMEDIATE THREAT - MEDICAL," rather than suspended. I have friends who have gone through something similar, and they all had their licenses suspended rather than revoked. This means I need to retake all of the driving tests again to get it back, which will add at least another month to the 6 months I had been planning around.

I had an MRI and EEG and everything came back clean. This is the first seizure I've ever had. My primary care and neurologist both believe I am not at risk for another seizure. The problem and reason I'm asking this here, is that I lost my job because of this and will not get it back unless I can give my boss a concrete date where I can drive again. My job requires being able to drive a town owned vehicle around.

I have attempted contacting the DMV, but they will not give me any information over the phone. I am going in on monday to see a hearings officer to find out what in the world is going on. I am freaking out because this job is amazing and has potential to be my career.

So here are my questions. Why is my case being treated differently than other people who have had a seizure while driving? Should I get a lawyer for this? Would that even help? Can I fight this on my own? I apologize if I'm rambling or incoherent, my world just shattered around me. I have been working my way up the ladder here since I was 16. This would be an unrecoverable blow.

Javid
Oct 21, 2004

:jpmf:

FrozenVent posted:

How is "go through this red light with a non-emergency vehicle" a lawful order?

Emergency vehicles trump traffic signals. See: stopping at a green to let an ambulance pass.

EAT THE EGGS RICOLA
May 29, 2008

discarded box posted:

Sorry if this isn't appropriate for the thread, I don't know where else I could ask and I don't want to make a new thread about it. I live in Massachusetts. I had a seizure while I was driving and totaled my car. I was told by my doctor and the police on the scene that this meant a mandatory 6 month suspension on my license, but I received a letter in the mail from the DMV stating that my license has been revoked indefinitely for reason "IMMEDIATE THREAT - MEDICAL," rather than suspended. I have friends who have gone through something similar, and they all had their licenses suspended rather than revoked. This means I need to retake all of the driving tests again to get it back, which will add at least another month to the 6 months I had been planning around.

I had an MRI and EEG and everything came back clean. This is the first seizure I've ever had. My primary care and neurologist both believe I am not at risk for another seizure. The problem and reason I'm asking this here, is that I lost my job because of this and will not get it back unless I can give my boss a concrete date where I can drive again. My job requires being able to drive a town owned vehicle around.

I have attempted contacting the DMV, but they will not give me any information over the phone. I am going in on monday to see a hearings officer to find out what in the world is going on. I am freaking out because this job is amazing and has potential to be my career.

So here are my questions. Why is my case being treated differently than other people who have had a seizure while driving? Should I get a lawyer for this? Would that even help? Can I fight this on my own? I apologize if I'm rambling or incoherent, my world just shattered around me. I have been working my way up the ladder here since I was 16. This would be an unrecoverable blow.

You should really speak to a lawyer about this.

discarded box
Oct 15, 2008

EAT THE EGGS RICOLA posted:

You should really speak to a lawyer about this.

Thanks. I will contact a lawyer tomorrow. I was just unsure of whether or not this is the kind of thing a lawyer could help with, now that I think about it I should have just called one and asked them that. I am also hoping that maybe someone on here has gone through something similar, or just has any kind of insight to offer about my situation.

EAT THE EGGS RICOLA
May 29, 2008

It's going to depend on your jurisdiction and a lot of other things, the best thing a lawyer will be able to do is tell you whether or not they can assist you with this at all.

Lightning Knight
Feb 24, 2012

Pray for Answer
So, my girlfriend and I were sitting in the parking lot of a local park tonight about an hour after it closed (for the record, I didn't know that it closed at all, let alone that it had been closed for so long). We were fully clothed and had our seatbelts on still, and in fact were having a serious personal discussion. Regardless a local officer came over and told us we couldn't be there, and instead of sending us on our way like I would've expected us, gave us each a $172(! :stare: ) ticket. I can't really afford to pay that at the moment and while she can, it really, really isn't ideal given her school/work situation. Would it be worth showing up to the court date and asking for some kind of leniency or are we hosed? I live in Wisconsin, if it makes a difference. The car wasn't running, but the keys were in the ignition, and we had no alcohol or other controlled substances. We were literally just sitting in the parking lot talking, both of us are legal adults who are otherwise upstanding members of the community, with basically no record (I've gotten a single speeding ticket, she has gotten a $20 parking ticket).

Sorry if this isn't the right place for this, I didn't really see anywhere else on the site to ask. :shobon:

Edit: And if it is worth going, would it be possible/not a bad idea to ask to have our appearance date moved a lot closer to the present? Cause they date they gave us isn't really great.

Lightning Knight fucked around with this message at 08:07 on Jun 28, 2014

euphronius
Feb 18, 2009

What was the ticket for.

fordan
Mar 9, 2009

Clue: Zero

Javid posted:

Emergency vehicles trump traffic signals. See: stopping at a green to let an ambulance pass.

Lights and siren trump traffic signals for an emergency vehicle, and you are supposed to yield to emergency vehicles so stopping on a green is fine. Running a red when you aren't an emergency vehicle would still be illegal. If it was done safely to get out of the way of an emergency vehicle you'd probably be fine. Probably.

Even an emergency vehicle isn't supposed to go against a light until they are sure that everyone has yielded right of way to them, and if they get in an accident it'll generally be considered their fault. Years ago when I was a volunteer for an ambulance corps I remember a case being reported on in one of the emt magazines where an ambulance driver slowed and checked before crossing an intersection against a red only to T-bone a car driven by a pregnant woman that didn't see the ambulance because of the stopped vehicles but her lane was clear. She died, and the ambulance driver was found at fault (can't remember if criminally or civilly).

Lightning Knight
Feb 24, 2012

Pray for Answer

euphronius posted:

What was the ticket for.

Being present in the park after close.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
Somebody clarify for me (I've only handled a handful of traffic tickets in my life, for friends) but in the cities I've done it, requesting a Court date didn't increase the amount of the fine in the event that they got convicted, and I got an opportunity to meet with the prosecutor, ask for a payment plan, and in two instances that went to Court, the cop didn't show up and the tickets got dismissed.

I think the danger for lay persons is not understanding the proceedings or the consequences of missing a date, or a payment, or accepting a plea that they don't comprehend.

Also, if I recall correctly, if they had been convicted on the day they went to Court, they would have had to pay the fine, in full, by cashier's check or money order, on that same day or else they'd be issued a warrant. No personal check, no cash. But that was in Flower Mound, Texas and College Station, Texas.

Hot Dog Day #91
Jun 19, 2003

What's this? A lawyer who doesn't know everything about traffic ticket law? WHAT AM I PAYING YOU FOR?

Motronic
Nov 6, 2009

Lightning Knight posted:

Being present in the park after close.

The question was to find out exactly what you were CHARGED with, not why. It's listed on the citation.

Lightning Knight
Feb 24, 2012

Pray for Answer

Motronic posted:

The question was to find out exactly what you were CHARGED with, not why. It's listed on the citation.

15.07 Regulation of Lighthouse Grounds.

(1) Definition. The term “Lighthouse grounds” shall mean the outside grounds
of the Lighthouse including the adjacent land owned by the Village of Wind
Point, and all buildings located on such grounds except the Village Hall and
caretaker's residence.

(2) Closing Hours. The Lighthouse grounds shall be closed to the public between
the hours of 11:00 p.m. and 6:00 a.m. No persons excepting law enforcement
officers, employees of the Village present for the purpose of conducting
Village business or persons attending a function in the Village Hall or
properly present at the caretaker's residence shall be present during such
hours.

Insofar as I can tell, this is the ordinance cited as being violated on the ticket. I'm sorry if this doesn't answer the question, I'm not exactly clear on what's being asked.

Motronic
Nov 6, 2009

Lightning Knight posted:

15.07 Regulation of Lighthouse Grounds.

(1) Definition. The term “Lighthouse grounds” shall mean the outside grounds
of the Lighthouse including the adjacent land owned by the Village of Wind
Point, and all buildings located on such grounds except the Village Hall and
caretaker's residence.

(2) Closing Hours. The Lighthouse grounds shall be closed to the public between
the hours of 11:00 p.m. and 6:00 a.m. No persons excepting law enforcement
officers, employees of the Village present for the purpose of conducting
Village business or persons attending a function in the Village Hall or
properly present at the caretaker's residence shall be present during such
hours.

Insofar as I can tell, this is the ordinance cited as being violated on the ticket. I'm sorry if this doesn't answer the question, I'm not exactly clear on what's being asked.

When you get a citation ("ticket") it has what you are charged with on it. If what you found in that section was 15.07 and nothing else then that answers the question. If that's not what was on there or there were other things it doesn't answer the question.

It really sounds like you need an attorney since you're having trouble interpreting the paperwork.

woozle wuzzle
Mar 10, 2012
It's prolly trespassing, in which case the elements of trespass come into play.


It may not be worth an attorney to fight a trespassing ticket. But I dunno how much success you're going to have on your own. Regarding the hearing date: You have about a zero percent chance of moving it sooner. But continuing it out later is pretty normal and easy, you'd call the court and ask about their procedure for continuances.

Lightning Knight
Feb 24, 2012

Pray for Answer

Motronic posted:

When you get a citation ("ticket") it has what you are charged with on it. If what you found in that section was 15.07 and nothing else then that answers the question. If that's not what was on there or there were other things it doesn't answer the question.

It really sounds like you need an attorney since you're having trouble interpreting the paperwork.

I didn't have the ticket with me when I made that post. Looking at it, it doesn't have a numerical ordinance on it. It has a checkbox marked "ordinance" and the description, "person in park after hours," listing where I was and the officer's signature. I presume it was the ordinance I quoted because we were within walking distance of the lighthouse in question. I'm not asking if I can argue that I'm not guilty; the violation is, "you were here at this time," and I was, and can't really prove otherwise. I'm asking if it's at all likely that I could get the fine reduced if I go in on the court date, more or less.

quote:

It's prolly trespassing, in which case the elements of trespass come into play.


It may not be worth an attorney to fight a trespassing ticket. But I dunno how much success you're going to have on your own. Regarding the hearing date: You have about a zero percent chance of moving it sooner. But continuing it out later is pretty normal and easy, you'd call the court and ask about their procedure for continuances.

Like I said, I don't think I can realistically fight the charge, as in prove I'm not guilty (cause I pretty much am, it's not really a complicated scenario). That sucks, moving it later would just make the problem worse, so I guess I'll just stick with that date.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Hot Dog Day #91 posted:

What's this? A lawyer who doesn't know everything about traffic ticket law? WHAT AM I PAYING YOU FOR?

Which is pretty sad too, because I've filled in for our municipal Court prosecutor before.

baquerd
Jul 2, 2007

by FactsAreUseless

Lightning Knight posted:

Like I said, I don't think I can realistically fight the charge, as in prove I'm not guilty (cause I pretty much am, it's not really a complicated scenario). That sucks, moving it later would just make the problem worse, so I guess I'll just stick with that date.

It sounds like you violated a local city ordinance. If you flee the state and never return, the chances of needing to deal with this again are very low, though if you do return you will likely deal with having a warrant out for your arrest.

Whatever the opposite of legal advice by a lawyer is... this is it.

woozle wuzzle
Mar 10, 2012
My legal advice is to tell the lady that the only solution is for her to have sex with you. If she asks for more details, mumble something about common law and tenancy by the entirety.

dennyk
Jan 2, 2005

Cheese-Buyer's Remorse
Next time, don't do your necking in the closed park that also contains the local police headquarters and maybe you'll get away with it... :v:

If the fine is that high and they're writing tickets instead of just telling people to leave, then it's all about the money and they're gonna want to get paid, so I wouldn't bet on getting the fine lowered.

Javid
Oct 21, 2004

:jpmf:
If it's not points on your license, least resistance is write the check and be done with the issue.

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."

Javid posted:

If it's not points on your license, least resistance is write the check and be done with the issue.

Make sure it isn't a misdemeanor though. A lot of our crappy cities around here made the vast majority of offenses including being in the park after dark misdemeanors and that will gently caress up your criminal record. You go to court and the city attorney "generously" offers to dismiss the case if you pay an investigation cost of $500 or something. Want to pay the $152? Enjoy that nice shiny new criminal record.
Legal? Yes. Extortion? Yes. Welcome to the IE.

Lightning Knight
Feb 24, 2012

Pray for Answer

dennyk posted:

Next time, don't do your necking in the closed park that also contains the local police headquarters and maybe you'll get away with it... :v:

If the fine is that high and they're writing tickets instead of just telling people to leave, then it's all about the money and they're gonna want to get paid, so I wouldn't bet on getting the fine lowered.

Well that sucks. gently caress small towns and their ticket schemes, my speeding ticket was the same poo poo. :sigh: Whatever, I guess I'm going to have to hope I can get together the money in a month.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Lightning Knight posted:

Well that sucks. gently caress small towns and their ticket schemes, my speeding ticket was the same poo poo. :sigh: Whatever, I guess I'm going to have to hope I can get together the money in a month.

Call an ask for a payment plan.

Chuu
Sep 11, 2004

Grimey Drawer
I signed a terrible employment contract when I was hired because I was naive and didn't know better. A couple years later our company got a new partner and made everyone sign an even worse contract.

I've been told that many items in the original contract are unenforceable, and that the 'even worse' contract isn't enforceable since it was forced on us without 'consideration'. These people were not lawyers.

The specific clauses involve ownership of projects we do outside of the office, a very strict non-compete, and rights to works created after we leave the company.

I have a two part question here:

  • Is there a site or document or something out there that lays out what sort of professional terms are enforceable or not?
  • If not, how do I go about actually hiring a lawyer to look at my contracts and tell me what is enforceable or not? What should I expect to pay?

I've honestly never worried about this too much, but now I am considering leaving the company and the non-compete in particular is scarey. Even if I did stay, the ownership of code I write outside of the office is going to come up. Former developers at our company have been sued after leaving -- however those were senior people and when I joined I was pretty close to entry level. I don't even know if that makes a difference.

Chuu fucked around with this message at 06:16 on Jun 30, 2014

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."
You find an employment lawyer and talk to him. Time will depend on the length of the contract and some other factors, but maybe an hour or two unless it is complex? (I know nothing of civil)

Chuu
Sep 11, 2004

Grimey Drawer

nm posted:

You find an employment lawyer and talk to him. Time will depend on the length of the contract and some other factors, but maybe an hour or two unless it is complex? (I know nothing of civil)

Is there a good 'yellow pages' for lawyers? Or some review site? I have noone in my circle that would have any knowledge of this.

echopapa
Jun 2, 2005

El Presidente smiles upon this thread.

Chuu posted:

Is there a good 'yellow pages' for lawyers? Or some review site? I have noone in my circle that would have any knowledge of this.

Find someone who isn't an employment lawyer and ask who they'd recommend for employment law.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Chuu posted:

Is there a good 'yellow pages' for lawyers? Or some review site? I have noone in my circle that would have any knowledge of this.

google: "Lawyer in ___________________[your city]"

Take the top three results and:

echopapa posted:

ask who they'd recommend for employment law.

Also, from earlier in the thread:

There's nothing wrong with Yelp reviews, google+ reviews, or other such services. Probably the best way is through word of mouth, but not everyone knows a good lawyer.

The most important thing is that you feel comfortable with the lawyer you pick, and you feel like they are going to represent you effectively. Beware of small firm types who will only tell you what they think you want to hear to get your retainer; sometimes the best lawyers will tell you, "your case is poo poo - don't waste your money on me."

Call at least 3 different lawyers before you pick one. Look in and around the area your legal issue is. If you have a real estate problem, for example, find a lawyer who's office is in the same county as the house. Along with any other questions you have, ask the following:

- What is your retainer or fee for something like this?
- Do you have any prior experience with this kind of situation?
- Is your initial consultation free?
- When can we have a consultation?

You should give a general synopsis about your situation over the phone, with enough details to let the lawyer or legal assistant know what type of case (area of law) you have. Then schedule a free consultation, and show up with any documents or other 'evidence' you have that might be relevant to the case. Landlord problems? bring your lease. Child support issue? bring the divorce decree signed by the judge.

Generally, reputable lawyers give free consultations. There are some practices where its just not feasible to give free consultations, but generally you should not pay for one.

Get a good feeling about the lawyers you meet with, and decide based on which one seems like the best fit for you. Understand that costs will differ, as will the level of service, so make the decision based on what works best for you. Its ok to shop around; you won't hurt our feelings. Its important that you feel confident that you picked the right lawyer, because you are asking them to handle something very important to you.

blarzgh fucked around with this message at 14:42 on Jun 30, 2014

euphronius
Feb 18, 2009

Chuu posted:

I signed a terrible employment contract when I was hired because I was naive and didn't know better. A couple years later our company got a new partner and made everyone sign an even worse contract.

I've been told that many items in the original contract are unenforceable, and that the 'even worse' contract isn't enforceable since it was forced on us without 'consideration'. These people were not lawyers.

The specific clauses involve ownership of projects we do outside of the office, a very strict non-compete, and rights to works created after we leave the company.

I have a two part question here:

  • Is there a site or document or something out there that lays out what sort of professional terms are enforceable or not?
  • If not, how do I go about actually hiring a lawyer to look at my contracts and tell me what is enforceable or not? What should I expect to pay?

I've honestly never worried about this too much, but now I am considering leaving the company and the non-compete in particular is scarey. Even if I did stay, the ownership of code I write outside of the office is going to come up. Former developers at our company have been sued after leaving -- however those were senior people and when I joined I was pretty close to entry level. I don't even know if that makes a difference.

I hope you have money to pay a lawyer.

Halman
Feb 10, 2007

What's the...Rush?
I've just had an offer of employment retracted because their background check agency reported a case that had been dismissed as having been a conviction against me. I have written documentation from both the agency and my former potential employer. I'm wondering if I have any recourse at all and where I'd start, I'm in Minnesota if that matters.

woozle wuzzle
Mar 10, 2012

Halman posted:

I've just had an offer of employment retracted because their background check agency reported a case that had been dismissed as having been a conviction against me. I have written documentation from both the agency and my former potential employer. I'm wondering if I have any recourse at all and where I'd start, I'm in Minnesota if that matters.

I don't think you have recourse against the employer, but you want to get that off your background check. Each state has its own procedure to delete entries from your criminal history, and gently caress if I'm gonna google Minnesota's. But typically, if you weren't convicted and the line item prejudices you, your state probably has a method of redacting it.

You're looking for a local criminal attorney, and you're asking them about expungement of a dismissed criminal case.

euphronius
Feb 18, 2009

Smells like defamation. No idea if it is.

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Halman
Feb 10, 2007

What's the...Rush?
Well, after an hour on the phone I've got an appointment with the local legal aid people(since I am a poor) about getting it expunged and a few employment law firms down in the twin cities have scheduled phone consultations. At least if nothing else comes of it, I'm on the road to getting it expunged so it won't be an issue in the future.

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