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Dawncloack posted:Friend of mine just died. I used to live in a flat of his, took care of the post, will probably have to organize the cleanout of said flat. i mean, you're suggesting you live in austria but only in an aside and it's not actually clear what country you're in, so nobody's going to have a flying gently caress what law applies and what your legal obligations are but it sounds like someone politely asked you for help and the answer is, you give them the help you feel is appropriate to give them. if they want to legally force you to give them more help than you want to give them, presumably they'll tell you they're doing that.
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Apr 6, 2021 15:02
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Almost certainly Austria has a document called something like "letters testamentary," "letters of certification," or "certificate of qualification" which the court issues to executors basically to prove they actually have the authority to act on behalf of the estate. It wouldn't hurt to ask this person to produce such a document or to call the courthouse and ask to whom they may have issued such a document.
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Apr 6, 2021 15:47
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Is the guy who contacted you a notary? In some jurisdictions, they’re the people handling this sort of stuff (France and Quebec off the top of my head). Like a lot of the poo poo about buying a house that my American acquaintances go to a lawyer for, go to a notary for.
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Apr 6, 2021 15:58
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All a notary does in the US is verify a person’s identity when they sign a document.
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Apr 6, 2021 16:58
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remigious posted:All a notary does in the US is verify a person’s identity when they sign a document. Hey now, they also jot it down in a notebook and put a fun stamp on the document.
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Apr 6, 2021 17:04
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Bad Munki posted:Hey now, they also jot it down in a notebook and put a fun stamp on the document. That’s true, in my state the stamp can be any color so I have a cute purple one!
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Apr 6, 2021 17:05
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remigious posted:That’s true, in my state the stamp can be any color so I have a cute purple one! Wait, does it still emboss the paper? Because that's the important part!
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Apr 6, 2021 17:06
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Bad Munki posted:Wait, does it still emboss the paper? Because that's the important part! Pfft I wish!
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Apr 6, 2021 17:15
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Yeah, I already asked who is he and what's his authority. Thanks for your insights.
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Apr 6, 2021 17:16
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Bad Munki posted:Hey now, they also jot it down in a notebook and put a fun stamp on the document. yea, so we can subpoena you and your book 8 years after the fact and ask you, "Do you remember them signing this document??" and you can say, "No, but I wouldn't have notarized their signature without verifying their identity." and we can say, "Thank you no further questions" and you can say, "Ok thanks" and go eat lunch.
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Apr 6, 2021 18:02
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You ever gotten one where you asked them about a notarization from 8 years ago and they were like, "Yeah, I actually DO remember him, he was wearing a wizard robe and hat at the time" or something? I ask because I have a theory about the memorability of notary gigs as compared to the insanity of clients.
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Apr 6, 2021 18:29
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Bad Munki posted:You ever gotten one where you asked them about a notarization from 8 years ago and they were like, "Yeah, I actually DO remember him, he was wearing a wizard robe and hat at the time" or something? Your theory is probably correct. It reminds me of what I read on how to learn beginner mind palace memory techniques. Think of a place you know well like a childhood home, put an item from your grocery list in each room, but add a crazy element to make it memorable. Two massive bottles of wine in the living room to remember wine, a supermodel in a kiddie pool full of cottage cheese to remember cottage cheese, etc.
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Apr 6, 2021 19:17
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FrozenVent posted:Like a lot of the poo poo about buying a house that my American acquaintances go to a lawyer for, go to a notary for. It's a totally different occupation in the US for some reason. Unscrupulous notaries have been known to scam people whose first language is not English into thinking "notary" is just the translation of "notario" or whatever.
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Apr 6, 2021 22:13
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I can’t think of where to find the case but I think in California lawyers are allowed to call themselves notaries in Spanish language ads
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Apr 6, 2021 22:15
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Bad Munki posted:You ever gotten one where you asked them about a notarization from 8 years ago and they were like, "Yeah, I actually DO remember him, he was wearing a wizard robe and hat at the time" or something? No but I have gotten one where we asked them about a notarization from years ago and they said “I literally never notarized this document based on my records”. This led to a series of events culminating in us finding out the borrower made up a whole company. He was later sent to prison.
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Apr 6, 2021 23:17
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loving French lawyers/notaires SUCK rear end
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Apr 7, 2021 00:53
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Harold Fjord posted:Your theory is probably correct. It reminds me of what I read on how to learn beginner mind palace memory techniques. Think of a place you know well like a childhood home, put an item from your grocery list in each room, but add a crazy element to make it memorable. Two massive bottles of wine in the living room to remember wine, a supermodel in a kiddie pool full of cottage cheese to remember cottage cheese, etc. What are the crazy elements to make them memorable?
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Apr 7, 2021 02:11
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Phil Moscowitz posted:loving French lawyers/notaires SUCK rear end (slaps u across face with white glove) If this is for real, I would love an anecdote or three.
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Apr 7, 2021 02:17
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Phil Moscowitz posted:loving French lawyers/notaires SUCK rear end Parce que les avocats américains SONT TELLEMENT loving MIEUX!
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Apr 7, 2021 02:29
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What I hope is a quick Intellectual Property question. As part of pre-employment with an employer in North Carolina, United States of America, I am required to sign a confidentiality agreement. In this agreement is the following clause: quote:4.1 The Employee will promptly disclose in confidence to the Company all inventions, innovations, improvements, processes, products, designs, samples, original works of authorship, formulas, compositions of matter, trade secrets, product ideas, new products, discoveries, methods, software, hardware, domain names or proposed domain names, any trade names, trademarks, or slogans, which may or may not be subject to or able to be patented, copyrighted, registered, or otherwise protected by law (the “Inventions”) that the Employee makes, conceives or first reduces to practice, or creates, either alone or jointly with others, during the Employee’s employment with the Company, whether or not in the course of Employee’s employment, and whether or not such Inventions are patentable, copyrightable or able to be protected as trade secrets, or otherwise able to be registered or protected by law. As I understand North Carolina IP law, this agreement, if signed, is both valid and enforceable. Does this mean that the Company owns literally everything I produce? If so, what legal instrument do I need to keep my IP for non-job-related things? I have an LLC; would that be sufficient to assign any off-work IP so that the Company does not have rights to it?
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Apr 7, 2021 14:50
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babyeatingpsychopath posted:What I hope is a quick Intellectual Property question. No such thing. I'm reading that term as a duty to disclose rather than a transfer of ownership, which is essentially the Company wanting the right to check that you aren't using their IP to build your own competing product etc etc and fairly normal.
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Apr 7, 2021 15:01
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Alchenar posted:No such thing. that said, there could be a separate clause that does assign all such IP to the company he didn't think to copy if you're concerned about the agreement, get a lawyer to review it
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Apr 7, 2021 15:04
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The complete rest of the IP section of the agreement:quote:4.2 The Employee acknowledges and agrees that any copyrightable works prepared by the Employee within the scope of the Employee’s employment are “works for hire” under the Copyright Act and that the Company or its designee will be considered the author and owner of such copyrightable works. The Employee agrees that all Inventions that (i) are developed using equipment, supplies, facilities, Confidential Information (defined below) and/or Trade Secrets (defined below) of the Company, (ii) result from work performed by the Employee for the Company, or (iii) relate to the Company’s business or current or anticipated research and development, will be the sole and exclusive property of the Company orits designee and are hereby irrevocably assigned by the Employee to the Company from the moment of their creation and fixation in tangible media. 4.3: Remember 4.1? Yeah, also everything else. 4.4: And don't whine about it.
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Apr 7, 2021 15:14
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babyeatingpsychopath posted:What I hope is a quick Intellectual Property question. Looking forward to the lawsuit 8 years from now where you tell the Court, "I was told by Jelker420 that this clause only applies to..."
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Apr 7, 2021 15:16
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This, and for many other reasons, is why a local attorney that you have already established a relationship with should be reviewing your contracts. Mine has redlined my last 2 employment contracts.
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Apr 7, 2021 15:28
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Motronic posted:This, and for many other reasons, is why a local attorney that you have already established a relationship with should be reviewing your contracts. Mine has redlined my last 2 employment contracts. Yeah, my local attorney is on leave this week and next. His assistant said it's above his paygrade. Going to SA is like, my 4th in line for legal counsel.
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Apr 7, 2021 15:39
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Motronic posted:This, and for many other reasons, is why a local attorney that you have already established a relationship with should be reviewing your contracts. Mine has redlined my last 2 employment contracts. I'm not being glib here, I genuinely envy that you have the employment flexibility to have this sort of thing for yourself.
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Apr 7, 2021 15:39
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remigious posted:All a notary does in the US is verify a person’s identity when they sign a document. wow nice job totally erasing the weird places that have civil codes (in louisiana you have to take a five-hour mini bar exam to be one unless you're already an attorney, and in PR you can only be one if you're already an attorney and then pass another exam lol) eke out fucked around with this message at 15:50 on Apr 7, 2021 |
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Apr 7, 2021 15:48
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eke out posted:wow nice job totally erasing the weird places that have civil codes Louisiana's not a state. It's a swamp with an underwater city that has good food.
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Apr 7, 2021 16:01
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VanSandman posted:I'm not being glib here, I genuinely envy that you have the employment flexibility to have this sort of thing for yourself. It's a lot more realistic than most people think. You just need to get out of the mentality that someone willing to hire you is doing YOU a favor.
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Apr 7, 2021 16:08
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euphronius posted:In house counsel also coordinates discovery responses which is a big deal. Oh and also during mergers and poo poo they have to do a lot during due diligence "coordinates discovery responses" = ignoring my multiple emails and phone calls and then acting like the discovery responses they've been sitting on for two weeks are a surprise, and then acting further surprised when yes, interrogatories do need to be verified and signed in front of a notary, that's why we told you to get your secretary certified as a notary the last time we had this conversation
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Apr 7, 2021 16:18
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EwokEntourage posted:"coordinates discovery responses" = ignoring my multiple emails and phone calls and then acting like the discovery responses they've been sitting on for two weeks are a surprise, and then acting further surprised when yes, interrogatories do need to be verified and signed in front of a notary, that's why we told you to get your secretary certified as a notary the last time we had this conversation I'm not going to pay for my secretary to go to law school, and then an extra notary class, just so she can serve as a notary in my Puerto Rican firm
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Apr 7, 2021 16:24
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null_pointer posted:(slaps u across face with white glove) I’ve been dealing with one about a succession since my dad died almost two years ago. When they aren’t on vacation (which is like 1/3 of the year) they take forever to get back to me and don’t answer my questions. For the first 18 months or so I was very French and wrote the emails like a French lawyer (flowery “business” language and salutations etc). Now I write like an American client/lawyer with specific bullet point questions and still can’t get basic questions answered like: - what have you done so far - is the succession closed? Is the succession open? - what percentages will the estate be split among the heirs? - what is the process and how much of it is left? - can we sign documents electronically or do we have to be there in person? - are there documents to sign? - what is your fee? - how much money can I wire you to pay you to get this thing finished? It’s just so alien compared to my practice and that of American lawyers I’ve dealt with. But what am I going to do, fire them? Not like I can travel to France at the moment even if I wanted to. It’s just frustrating.
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Apr 7, 2021 17:19
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So my take away is become a lawyer in France?
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Apr 7, 2021 17:32
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We have French co-counsel to do ancillary probate for the real estate there and this morning they no-showed for the 3rd time on a call they themselves scheduled.
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Apr 7, 2021 17:58
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It’s basically everything in France honestly. Getting anything done takes forever. Except food and wine, that you can find easily and cheaply.
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Apr 7, 2021 18:01
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Phil Moscowitz posted:It’s basically everything in France honestly. Getting anything done takes forever. Except food and wine, that you can find easily and cheaply. Is France...is France heaven? Can I get a legal opinion on that?
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Apr 7, 2021 18:07
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Phil Moscowitz posted:It’s basically everything in France honestly. Getting anything done takes forever. Except food and wine, that you can find easily and cheaply. Goddamn does that feel familiar.
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Apr 7, 2021 18:15
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Phil Moscowitz posted:It’s basically everything in France honestly. Getting anything done takes forever. Except food and wine, that you can find easily and cheaply. Seems they have their priorities straight.
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Apr 7, 2021 18:29
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Yes! You just need to understand that substantive things don’t happen quickly, unless you live in Paris. And even then, it can be a headache. But when you’re in the mood for bread, wine, cheese, pastries, fresh meat and produce, doing nothing, and being sarcastic and overly critical for no good reason, France is perfect.
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Apr 7, 2021 18:35
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