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euphronius
Feb 18, 2009

Yeah I rethought it and now would say I’d demand 5,000 up front.

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euphronius
Feb 18, 2009

Due process isn’t always fun !!

euphronius
Feb 18, 2009

Debt collector firms are usually buying in bulk afaict.

euphronius
Feb 18, 2009

Even if you have proper documents there is no guarantee the hospital will follow them or family wont Sue to revoke them etc etc

euphronius
Feb 18, 2009

Where do you live

euphronius
Feb 18, 2009

Usually I’d say county bar referral but that is a federal case and they may be better off with a city firm

euphronius
Feb 18, 2009

Maybe. That’s the best answer

euphronius
Feb 18, 2009

Legal work can potentially be done through an insurance type set up and often is for richer people and companies

Legal shield is not effective legal insurance

euphronius
Feb 18, 2009

Not really paying her at all in this case.

Also lawyers don’t “work for you”. We aren’t your employees or whatever to Karen around

euphronius
Feb 18, 2009

FrozenVent posted:

Who do you work for then?

Associates work for the partners. Partners are usually in a partnership structure so are co owners

Solos obviously work for themselves.

euphronius
Feb 18, 2009

The should not do that

Also accusing a lawyer of playing semantics is weird. It’s like what we do

euphronius
Feb 18, 2009

Respectfully to sandwich artists, they are not professionals

euphronius
Feb 18, 2009

Oh yeah . Property disputes are not predictable in the slightest. It could be solved with a letter or a case litigated to the Supreme Court and back.

euphronius
Feb 18, 2009

Outrail posted:

What if they have formal chef training and specialize in sandwiches?

E: or an arts degree and specialize in sandwiches?

A chef is not normally a professional in the USA

Idk what happens in other places

euphronius
Feb 18, 2009

I have no idea what you mean by “semantically”

If you are saying I am using words with meaning then yes I am doing that. Everyone does that

euphronius
Feb 18, 2009

employment and labor law also have definitions for professional

euphronius
Feb 18, 2009

Nlra:

(12) The term "professional employee" means--
(a) any employee engaged in work (i) predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work; (ii) involving the consistent exercise of discretion and judgment in its performance; (iii) of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; (iv) requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual, or physical processes; or
(b) any employee, who (i) has completed the courses of specialized intellectual instruction and study described in clause (iv) of paragraph (a), and (ii) is performing related work under the supervision of a professional person to qualify himself to become a professional employee as defined in paragraph (a).

———-


Sandwhich artist would not be a professional under that

euphronius
Feb 18, 2009

You can always sue people but the question you have to ask
1. How much will it cost to do so
2. What is your chance of winning
3. How much will you win if you win
4. What are your chances of enforcing the judgment

Things usually break down at 1,2,3 and 4

euphronius
Feb 18, 2009

Anyway I don’t know the law in that state but my hunch is it is not as clean as you understand it to be

euphronius
Feb 18, 2009

thepopmonster posted:

Did you, at any point, watch, read, or listen to any US political news coverage during the period 1st December 2016 through 21st January 2021?

Not a lot

I read a lot of tweets I guess

euphronius
Feb 18, 2009

In my experience landlords will settle issues at a discount if they can be sure the issue is solved

Some times

euphronius
Feb 18, 2009

Volmarias posted:

"You say 'I'm all paid up", I say "You owe me $1000," let's meet somewhere in the middle! How about $500 over what is fairly mine?"

Right and then charge your client 600$ for the work of cutting what they owe in half

euphronius
Feb 18, 2009

(If you are the trustee and the beneficiary the trust may be invalid in some circumstances)

euphronius
Feb 18, 2009

toplitzin posted:

Would this be for something like "oh poo poo, i won the lotto. I am calling my lawyer and having the trust sign the wining ticket because i don't want to be a public figure with my picture and "THIS DUDE JSUT WON 705 MILLION!" plastered everywhere"

Depends who the beneficiary is

And the trustee

(You would be the settlor in this scenario )

euphronius
Feb 18, 2009

You’d have to improve the cart too

And shout “this is my cart !” At least once a year

euphronius
Feb 18, 2009

I dont think your example satisfies common law adverse possession.

The hostile possession element gets wonky

euphronius fucked around with this message at 16:40 on May 5, 2021

euphronius
Feb 18, 2009

toplitzin posted:

Is Adverse Possession the legally codified form of Manifest Destiny?

no that is just right of conquest.

To the extent the USA didnt buy the land directly.

euphronius
Feb 18, 2009

evilweasel posted:

how is me fencing in part of your property so only I can access it not hostile, i have literally erected a barrier to prevent you from using your land and its hard to imagine a more clear infringement on your landowner rights

Yeah you are reading the issues wrong. Thats a common problem when lay people try and interpret law jargon thought everyday definitions of words. As I mentioned take a dive into hostile possession for the nuances it can get into.

euphronius
Feb 18, 2009

pseudanonymous posted:

Since we're talking about adverse possession... Theres like a 2 foot strip of land next to my garage that is my property, my neighbors built a concrete strip on it and planned to put wood there and then asked me if I wanted to paint my garage or anything before they stacked wood there and I was like well that's my property you put that concrete strip on.

I don't really care if they keep wood there, the piece of land is not accessible to me at all really, it's totally inexplicable they way the garage was originally built but,

If I let them stack wood on that concrete do I risk losing that piece of my property?

Not addressing your situation but generally giving someone a license to do something on the land in question defeats the hostile ownership element discussed above.

If you are concerned you need to hire a local attorney to discuss it. I have no idea what your situation actually is.

euphronius
Feb 18, 2009

with land you dont need contracts similar to other everyday scenarios.

Land law was invented 100s of years before contract law was invented in London law courts

euphronius
Feb 18, 2009

blarzgh posted:

Hostile just means "looks like Brown intends to treat that property as if they own it." so, yeah, building a fence enclosing that strip into your own land typically will satisfy a jury that you "intended to treat the property as if you owned it."

not if the other party allows it as Ive been talking about above.

Also lol at bringing an adverse possession case in front of a jury.

euphronius
Feb 18, 2009

"Im building my fence on your land rear end in a top hat!!"

"ok, sure whatever"

Adverse possession defeated!!

euphronius
Feb 18, 2009

Ive considered your posts and am not persuaded.

euphronius
Feb 18, 2009

blarzgh posted:

Me: "It is murder if you kill someone."
You: "Actually, it is not."

then, you, later: "BEcause its not murder if you don't kill them."

You should know that not all homicides are murder. Come on now.

I thought we were dealing from a position of mutual respect.

euphronius
Feb 18, 2009

It’s an evidence issue not a proof issue. The standard of proof is normally preponderance of evidence which is - with any semblance of good persuasive skills from your lawyer - not a problem

The distinction between evidence and proof is another one of those tricky areas

Edit

The standard of proof normally in these kinds of cases o should say

euphronius fucked around with this message at 17:56 on May 6, 2021

euphronius
Feb 18, 2009

Following that post and adding :

Adverse possession has been codified in most states asfaict. I don’t have a 50 state comparison law article at my finger tips

Those codification are more or less based on the restatement of property law which is then based on common law and what some lawyers in Philadelphia thought at the time

Land developers on the USA obviously hated the English common law version of adverse possession and it neutered by their legislatures

euphronius fucked around with this message at 18:19 on May 6, 2021

euphronius
Feb 18, 2009

Dik Hz posted:

Why do lawyers have such a hard-on for talking about adverse possession?

It is a terror topic from 1L and we are all imprinted

euphronius
Feb 18, 2009

The cart is sex with me

If you want a promotion you have to push the cart

euphronius
Feb 18, 2009

The cart is the job you want

If you are a woman you can’t have the cart


The cart is a employee who comments on your breasts every day

Management won’t move the cart away from you

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euphronius
Feb 18, 2009

Mr. Nice! posted:

Hey goons. If my lawyer told the press that I was “loving retarded” and a “short-bus [person],” should I sue for defamation or hope that works as a defense?

What are your damages

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