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evilweasel
Aug 24, 2002



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 hear he was stranged from his first family (divored wife + kids), but to me that's just a rumor.

He was divorced of his second wife (+ a tween and a stepdaugther).

This second wife (who lives in a different country) contacted me and told me that a certain guy where I live wanted to contact me.

I have contacted him, he's not a lawyer, more of an accountant/finamce person. I asked him if he was the executor and I am waiting to hear from him. In his first email he said something along the lines of "I am waiting for an official document but please tell me of the heirs you know so we can speed things up".

I am not asking for a detailed assessment unless someone happens to bean Austrian inheritance lawyer. Just in general terms: what are my obligations here? Should I bring up what I've heard about a first family, that I know nothing about?

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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Nonexistence
Jan 6, 2014


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.

FrozenVent
May 1, 2009

The Boeing 737-200QC is the undisputed workhorse of the skies.

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.

remigious
May 13, 2009

Destruction comes inevitably




Hell Gem

All a notary does in the US is verify a person’s identity when they sign a document.

Bad Munki
Nov 4, 2008

We're all mad here.



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.

remigious
May 13, 2009

Destruction comes inevitably




Hell Gem

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!

Bad Munki
Nov 4, 2008

We're all mad here.



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!

remigious
May 13, 2009

Destruction comes inevitably




Hell Gem

Bad Munki posted:

Wait, does it still emboss the paper? Because that's the important part!

Pfft I wish!

Dawncloack
Nov 26, 2007
ECKS DEE!

Nap Ghost

Yeah, I already asked who is he and what's his authority.

Thanks for your insights.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY


Grimey Drawer

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.

Bad Munki
Nov 4, 2008

We're all mad here.



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.

Harold Fjord
Jan 3, 2004



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?

I ask because I have a theory about the memorability of notary gigs as compared to the insanity of clients.

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.

Captain von Trapp
Jan 22, 2006

I don't like it, and I'm sorry I ever had anything to do with it.

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.

euphronius
Feb 18, 2009






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

disjoe
Feb 18, 2011




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?

I ask because I have a theory about the memorability of notary gigs as compared to the insanity of clients.

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.

Phil Moscowitz
Feb 19, 2007

Chief Justice of the United States of Anime



loving French lawyers/notaires SUCK rear end

Discendo Vox
Mar 21, 2013


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?

null_pointer
Nov 9, 2004

Center in, pull back. Stop. Track 45 right. Stop. Center and stop.



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.

FrozenVent
May 1, 2009

The Boeing 737-200QC is the undisputed workhorse of the skies.

Phil Moscowitz posted:

loving French lawyers/notaires SUCK rear end

Parce que les avocats américains SONT TELLEMENT loving MIEUX!

babyeatingpsychopath
Oct 28, 2000
Forum Veteran

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.
Emphasis added.

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?

Alchenar
Apr 9, 2008



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.

evilweasel
Aug 24, 2002



Alchenar posted:

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.

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

babyeatingpsychopath
Oct 28, 2000
Forum Veteran

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 In addition to the foregoing assignment of Inventions to the Company, the Employee hereby irrevocably transfers and assigns to the Company: (i) all worldwide patents, patent applications, copyrights, mask works, trade secrets, and other intellectual property rights in any Invention; and (ii) any and all “Moral Rights” (as defined below) that the Employee may have in or with respect to any Invention. The Employee also hereby forever waives and agrees never to assert any and all Moral Rights that the Employee may have in or with respect to any Invention, even after termination of the Employee’s work on behalf ofthe Company. “Moral Rights” means any rights to claim authorship of an Invention, to object to or prevent the modification of any Invention, or to withdraw from circulation or control the publication or distribution of any Invention, and any similar right, existing under judicial or statutory law of any country in the world, or under any treaty, regardless of whether or not such right is denominated or generally referred to as a “moral right.”

4.4 The Employee agrees to assist the Company in every proper way to obtain for the Company or its designee and enforce patents, copyrights, mask work rights, trade secret rights, and other legal protections for the Company’s Inventions and all of the Materials in any and all countries. The Employee will execute any documents that the Company or its designee may reasonably request for use in obtaining or enforcing such patents, copyrights, mask work rights, trade secrets and other legal protections. The Employee’s obligations under this section will continue beyond thetermination of Employee’s employment with the Company for any reason, provided that the Company will compensate the Employee at a reasonable rate after such termination for time or expenses actually spent by Employee at the Company’s request on such assistance. The Employee appoints the General Counsel of the Company as Employee’s agent and attorney-in-fact, with full power of substitution, to execute documents on the Employee’s behalf for this purpose, this power and agency being coupled with an interest and being irrevocable.
4.2: within scope of employment. Makes perfect sense. Is the normal thing to expect from "what IP does my employer own?"
4.3: Remember 4.1? Yeah, also everything else.
4.4: And don't whine about it.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY


Grimey Drawer

babyeatingpsychopath posted:

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:

Emphasis added.

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?

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..."

Motronic
Nov 6, 2009


MOTRONIC FOR MODERATOR, MAKE AI GREAT AGAIN


Grimey Drawer

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.

babyeatingpsychopath
Oct 28, 2000
Forum Veteran

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.

VanSandman
Feb 16, 2011
SWAP.AVI EXCHANGER

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.

eke out
Feb 24, 2013



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 14:50 on Apr 7, 2021

Arcturas
Mar 30, 2011



eke out posted:

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)

Louisiana's not a state. It's a swamp with an underwater city that has good food.

Motronic
Nov 6, 2009


MOTRONIC FOR MODERATOR, MAKE AI GREAT AGAIN


Grimey Drawer

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.

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.


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

The due diligence stuff is actual work. So is the the discovery stuff

"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

Devor
Nov 30, 2004
Lurking more.

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

Phil Moscowitz
Feb 19, 2007

Chief Justice of the United States of Anime



null_pointer posted:

(slaps u across face with white glove)

If this is for real, I would love an anecdote or three.

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.

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."

So my take away is become a lawyer in France?

Nonexistence
Jan 6, 2014


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.

Phil Moscowitz
Feb 19, 2007

Chief Justice of the United States of Anime



It’s basically everything in France honestly. Getting anything done takes forever. Except food and wine, that you can find easily and cheaply.

pseudanonymous
Aug 30, 2008

When you make the second entry and the debits and credits balance, and you blow them to hell.

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?

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE


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.

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."

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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Phil Moscowitz
Feb 19, 2007

Chief Justice of the United States of Anime



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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