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Ask a lawyer

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Thread replies: 233
Thread images: 9

Last thread was fun. Thought I'd come back.
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>>18366590
Is it true that you can't go on the stand to testify against your spouse?
Could probs just google this but w/e
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>>18366599

you actually CAN go on the stand, you are just not legally obligated to. you cannot be forced to testify against your spouse
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>>18366599
Generally speaking in a criminal case, a criminal defendant's spouse may not be called to testify against him by the prosecution. However, the rule is a little more nuanced. It's an evidentiary privilege, rather than an absolute rule, and may be waived. In the majority of states and in federal courts, the witness may invoke the privilege and refuse to testify. In a minority of states, the defendant can invoke the privilege and prevent his spouse from testifying.

The privilege applies to everything that happened both before and during the marriage. However, the privilege may not be invoked after divorce or annulment—so if you get divorced your ex can be compelled to testify against you about things that happened before or during your marriage.

The privilege typically doesn't apply when the witness spouse is also the victim.

There's another type of privilege, called "confidential marriage communications" that applies to both civil and criminal cases, and which continues to exist after divorce, but it's not what you're asking about.
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caught with 4 xanax bars, 12 grams of weed and 1 tab of acid. how much jailtime, first offense? lol
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>>18366643
No idea. Probation might be possible. Get a lawyer.
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bumpin' for new questions
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>>18366590
I'm an academic lawyer. What sort of law do you practice?
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>>18366590
Will you work pro bono on making it legal to marry waifus?
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>>18366590
How long have you been practicing for?
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>>18366590

On a non-compete, can my former employer sue me for working for a company that was not one of my accounts?

Realistically, what can they take from me as part of that?

I have essentially nothing that would be a threat to their business, besides me leaving and admitting I didn't like it.
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>>18366590
There's an 18 year old kid in another thread here that's about to go to jail for a year for some xanax and weed. How is this ethical? What are his life prospects like?
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>>18366590
How badly do you hate Chuck McGill?
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>>18366959
Solo general practitioner. Little bit of everything. Main case I'm handling right now is a state administrative law case.

>>18366973
Maybe.

>>18366974
Not terribly long, actually.

>>18366976
Depends on what the noncompete says and whether it's enforceable. Noncompetes are often written excessively broadly. If you're getting threatened you may want to seek an attorney that can help you with that.

>>18367044
Going to prison for breaking the law is ethical because you have the right to a trial that determines you broke the law beyond a reasonable doubt. You can either take that trial or waive it, usually in exchange for more favorable sentencing. In any event, it's ethical because there is due process.

>>18367085
The shit thing is I've not watched the show at all. I just know of it.
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>>18366590
Is it legal to carry a 5 inch knife? It's not spring loaded or whatever

Am I allowed to use it if Im being robbed or attacked or something?
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>>18367104
The restrictions on things like knives vary widely based on state law, and in many states, is further restricted locally. As to how the legality or illegality of your self defense weapon impacts pleading self-defense, I'm not too sure. I don't do enough criminal work to really say.
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>>18367095
why would i get another lawyer? you're my lawyer.
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Can I fuck my own ass
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>>18367119
Cute. I'm not your lawyer.
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>>18367118
How can I find out about local and state knife laws
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Am I within my rights to put up a sign saying 'Graffiti welcome!' on my wall?

Would I get in trouble for creating an eyesore?

Would I be liable if the graffiti spread to neighbours property and caused damage?
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How do i get a girl to like me

21m in college
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>>18367129
>google.com
>"Knife laws in (State)"
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Whenever I sign up for a website, I have to click "I agree" on some terms and conditions that are a million pages long.

Wtf am I agreeing to? Should I be clicking those without reading them?
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>>18367095
Dude Better Call Saul is so good man. Catch up on that as soon as you can.
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>>18367153

If its important/has a lot of money relating to it, yes. EG: buying a new car

If its not, dont bother. EG: Making a website account, small purchases, etc

In almost all legal systems there is an idea of 'reasonable expectation' in contracts. If it said in the fine print 'and you agree to pay us $10,000 a year and you cant complain if our product explodes for no reason and injures you' then the judge would rule it an unfair contract and you wouldnt be bound by it.
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>>18366590
How much of being a lawer is lying.
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>>18367168
that's good to know! thanks
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>>18366590
How true is it that where you go to school dictates where you will spend your career? I know this doesn't apply to T14 schools but I was planning on going to school in Chicago. After a few years I'd like to move somewhere in the south to raise my family. How difficult is it to pass the bar in multiple states?
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>>18367218
I'm not American, but I doubt it's that hard. I mean, many people are admitted to the bar in three or more states. You'd know federal requirements, against which everything must be checked, obviously. Particularly if you move to a state that is low on state-level regulation, it'd be easier.

Obviously, Louisiana is the exception, being a civil law jurisdiction.
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>>18367134

ree answer my question you cunts
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>>18367383
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>>18366590
can you help me sue mcdonalds for making me fat?
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What's your lifestyle like outside of the job? Also, is it ever hard on you if you take a case on the side of a party who seems guilty and help them win? Like do you ever get shit from other people for that?
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This might sound like a stupid question but is porn and suggestive sexual content(writing/art) of fictional underage characters illegal?
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can Kathy griffin be arrested?
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>>18367129
See this. >>18367139

You should also check your local ordinances.
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>>18367134
Interesting question.
>Am I within my rights to put up a sign saying 'Graffiti welcome!' on my wall?
Probably, unless there's a local ordinance somehow prohibiting it. If it's a residence subject to a HOA, they can absolutely stop you.
>Would I get in trouble for creating an eyesore?
Probably not criminal trouble, but it depends on the local laws and if there's a HOA. It's possible you could be sued to abate a nuisance if it's harming property values.
>Would I be liable if the graffiti spread to neighbours property and caused damage?
I'm not sure. If I were in the position of your neighbors I might try suing you for damages and to force you to stop allowing graffiti tagging.
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>>18367153
That's called a "clickwrap" license. In theory, you should be reading it. In practice, nobody does. Lawyers included.

If there were something truly outrageous hidden in there, you might be able to avoid the contract or that specific term. You'd definitely be able to do it if the term were unlawful (e.g., if you agree to be a slave).

The main thing people tend to regret later is the almost everpresent binding arbitration clause and forum prorogation clause. Growing in prevalence is the anti-class action clause, where you agree that you won't join any class action lawsuits stemming from the contract.
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>>18367180
A lot less than most other professions. The bad reputation we get has more to do with the way in which we arrange facts to support our specific case.
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>>18367218
Chicago-Kent, DePaul, Loyola, and (in particular) John Marshall are all highly regional.

Seriously, if you must go to a school in Chicago, or even in Illinois, you're doing yourself a real disservice if you don't do UChicago or Northwestern if you want to leave the region. I'd even question going to UIUC anymore. Their ranking fucking took a nosedive in the last five years.
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>>18367418
See an actual lawyer. Don't leave something this important up to the musings of some random guy you meet on the internet that has no idea what the facts are in your case.
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>>18367435
>What's your lifestyle like outside of the job?
I'm not in biglaw, so it's pretty normal. I still live with my fucking parents to tell you the truth.

>Also, is it ever hard on you if you take a case on the side of a party who seems guilty and help them win? Like do you ever get shit from other people for that?
Nah. My experience has been that people don't generally talk about actual cases when they're among colleagues. More about law in general.

The only hard part about taking on a case involving someone who seems like he should lose is the challenge in overcoming that perception in court. Everything else is cake compared to that.
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>>18367451
I've seen so fucking much conflicting information on this that I've given up trying to figure it out. The last time I looked into it with a classmate, we mutually concluded that it's a grey area at least.

Interestingly, true obscenity is in fact probably still illegal. Max Hardcore, who produces primarily fake rape shit with women that are almost exclusively dressed up and made up to look like underage teens, did a short stint in jail for obscenity as I recall.
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>>18367455
For what? Bad taste? Probably not.
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How many times have you seen someone use fabricated evidence?
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>>18367515
Surprisingly few. I had one case where we suspected something a federal agent provided with my client's signature was phony, but we really didn't have a way to challenge it, and it didn't make a bit of difference anyway.
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>>18367493
Interesting, thanks anon.
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Can I legally take down my house and put up a castle if it follows my cities housing regulations?
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>>18367540
If the housing regulations you're talking about would allow it, probably. Remember, you've got to meet zoning and building code, and if you're in one of those real faggy cities you might get some neighbor try to cause trouble or sue. And pray to god you don't live in a historical district. There are other possible pitfalls that I can't think of.

Sure is great to "own" property in this day and age, isn't it?
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>>18367550
Hmm, what if I put stone blocks around the walls of my house to look like a castle, but the inside is still my house?

Would I need permission to put stone blocks outside my house?

I don't know how else to legally keep out the crusaders
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>>18367557
Again, there are all kinds of stupid pitfalls associated with city house ownership these days. If you're in a newer area, odds are you're in some kind of HOA, which means they'd shit themselves if you started changing the character of your house.
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Just out of curiosity, I was talking to someone a while back and they said that minors get a clean wipe once they turn 18, is that true? I've never really remembered to look it up or anything.
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>>18367586
It depends on the state, but you need to be really fucking careful. I know from experience there's at least one where records are expungeable or sealable when you reach 18, but aren't automatically expunged or sealed. You may need to petition the courts for this relief.
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Is it illegal for me to sleep in my car in a uni parking lot I paid for a permit to be able to park in the lot 24/7? What should I say if a cop tries to ticket me or they try to take away my permit to park?
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I recently received a traffic ticket with two statutes listed. Both offenses were minor horse shit (claimed I turned right on a red light without stopping, and didn't wait long enough to establish my lanes before merging). The first statute was an incomplete citation as far as I can tell (didn't include anything past the initial statute, like a sub-statute or subsection). Was that alone enough to toss the entire ticket? I noticed that as soon as I plead not guilty, the prosecutor immediately asked me to accept a lessened ticket that wouldn't have cost as much, or applied points to my license. Neither were a DUI charge.
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>>18366590
If i have an interlok on a car,
can I move to some other state and have it somehow dropped

i won my case but lost my dmv hearing because i couldn't afford a lawyer. I was living in my car at the time :(

The cop lied. I lost all faith in police that day.
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>>18367484
I was hoping of going to Loyola. I don't think I can get into a top 50 school so what do you recommend then?
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>>18367606
The purpose of your parking pass is to park a vehicle, not to live in your vehicle. There's a whole different set of liabilities involved if they allow you to do that, and it probably would interfere with their insurance coverage. They could absolutely tell you to move it if you were using your parking privileges in a manner inconsistent with the permit.

Could they terminate the privilege for this? Possibly, but I expect it would depend on the specific terms of the pass.

What do you say in response? Probably nothing you can say. I mean, if you lie and say you're not living in your car, it might get him to go away for a short period, but they'll figure it out soon enough. Then they'll nab you for trespassing.
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>>18367607
I wondered about that too.

Say you bought an rv (like a conversion van) and took a shower in the gym. can they really say shit?

I'm sure next semester it will be illigal though.
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>>18367607
I don't do traffic shit, but my instinct is that it shouldn't make a difference. Cops aren't lawyers and they're not expected to be perfect. More important is the cop actually showing up for the trial.
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>>18366590
my wife is "officially" (her tribe sent a certificate) canadian-indian and is supposed to be protected by the Jay treaty

http://ptla.org/border-crossing-rights-jay-treaty

however, we can't seem to get anything done for her in the US, she is even having a hard time adopting my last name. she was brought here when the immigration system was much more lenient (30 or so years ago, has a social security card) we've been married for 8 years now.

my question is: what are my options for approaching this issue?
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>>18367617
That sucks. I have no idea.
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>>18367625

You might be surprised anon. Did you take the LSAT yet? What's your undergrad GPA (note that the "reported" undergrad GPA may vary from what your transcript says if you ever took junior college classes).
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This dumb ass cop accidently gave me his homemade bondage porn with he and his wife, what should I do? Should I report him, legal blackmail, idk!
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>>18367645

Wow. I have no idea. I've never done tribal or immigration shit alone, let alone a mix of the two. Wish I could give you some guidance anon, other than advising you to see a lawyer. You might be able to get free or reduced cost representation from a non-profit that deals with native or immigration stuff. I feel like it should be fairly straightforward if it's something that stems from treaty rights.
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>>18367663
Beat off to it if you want. What would you report him for? Being a loser?
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>>18367669
i appreciate your honesty.
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>>18367657
GPA is only a 3.3 and I haven't taken the LSAT yet. I heard that law schools factor your GPA differently. If I did well in my major specific classes will this raise it or be inconsequential?
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>>18367648
I was sober as shit

he said he smelled pot (in a legal state) and i talk weird (ok maybe I do but english isn't my first language) and arrested me
I had no idea I'm required to take a blood test and he never explained it to me.

Refusal is equivalent to like 5 duis or some such shit. ive never been arrested or done drugs before.

video mysteriously stopped working too
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>>18367673
>>18367663
post it here (or /hc) with his name and address and stuff and send the link to his commanding officer and the local sherrif and town council etc..
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>>18367686
3.3? With a 180 you could do HYS. Upper 170s, you could do most of the T14 schools. Lower 170s you'd do the bottom half of the T14s and most of the other T50s with 50%+ scholarships.

Fuck, I had a 3.1 UGPA plus a 167 and was in at my top pick, ranked in the mid-20s. Plus $18k/year in scholly. If I'd had a 3.3 I'd have been in at some T14s probably at sticker.
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>>18367686
Oh and this >>18367700 was at the *height* of the law school boom. I could not have gotten in at HYS with a 180 according to the statistics, but if I were trying now, I might have been able to.
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>>18367706
>>18367700
I was/am pretty nervous that my low GPA would limit which schools I could apply to. I'm comparing my GPA to those of admitted students from some sites. How reliable is this as a gauge to see if I'll get in? How difficult was it for you to get a 167? Did you take any prep classes or did you just study by yourself?

Thanks for helping btw, I met with an adviser but I'm still pretty lost when it comes to all of this
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>>18367634
Can I legally sleep in my car on streets? Cop pulled up on me a few nights ago and told me I couldn't sleep where I was on the street and pointed me toward a parking he lot he said that cops don't check, but the lot was coned off. Californian btw
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>>18367735
Not sure legality but I know walmart parking lots are 24hr and cops don't bother people if they park there for the night
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>>18367733
So, the way I look at the graphs of scores is like this, you'll find points on each axis where the odds of acceptance starts to drop from 100% or near-100%. Then you look for the intersection of these two lines. If you're above both numbers, you have good odds of getting in. If you're under both numbers, you probably have a 0% chance. If you're under on one but above on the other, you're more of a maybe. The degree to which you're above or under matters to an extent, but not as much as you'd think.

I actually sat for the LSAT twice. First time I took a prep course. My "diagnostic"—the practice LSAT they give the first day—was a 163. After the course, I took the LSAT and only got a 162. So I got my money back and just kind of... studied on my own for the next sitting. Except I wound up more goofing off, so I don't even know.

I don't know what happened that first sitting, because I didn't feel so much different the second time around. I might've panicked the first time, I don't know.

So I guess the short answer is, for me, 167 wasn't that hard to get. My practice test best was a 172 though. I was *pissed* that I didn't get in the 170s.
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>>18367753
truck stops are good for this too
they are usually pretty safe unlike what you've heard.
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>>18367735
There's almost certainly an ordinance in your area saying you're not supposed to be living in your car on city streets. Or that you're not supposed to be parked overnight in areas.

>>18367753
Supposedly Wal-Mart has started chasing off overnight parkers after they had that woman die in a car and not get noticed for three months.
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>>18367761
Im in a pretty big city unfortunately.
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What should I major in undergrad?
Is being a lawyer worth it?
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>>18367795
>What should I major in undergrad?
If you want to go to law school? Whatever you can get the best GPA in. Your actual major does not matter whatsoever for the purposes of getting into a good law school, and will not really prepare you for the rigors of law school.
>Is being a lawyer worth it?
I like it. But I don't really think there was anything else for me to do in the end.
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>>18366590
If I want to use a real life story that is not mine nor humans. Like, Oliver the Humanzee. For profit, is that public domain or does somebody actually own that? If I make something heavily inspired/based on it for profit can I get sued?
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>>18367819
I don't rightly know. The right of publicity that you talk about is generally something belonging to a person.
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>>18367757
Thanks, this all seems like great advise. What type of law are you involved in right now? Which would you recommend? Which would you advise against?
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>>18367831
If I contacted said owner (Oliver was simply an example) and if they're cool with it. Would I have to setup some contract so they can't change their mind or if I screenshot conversation would it work as a contract just like how a verbal contract only requires recording or witnesses for proof?
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How exactly ARE you allowed to get a work visa/apply for a job coming to America assuming no other visas are involved like a student visa or spousal visa? So far as I understand:
>You aren't allowed to come to America to look for a job
>You can't get a work visa unless you already have a job offer that meets certain requirements
>You can only get a work visa by having a job offer here already

This seems to be a catch-22 and hard to bypass, even if you're particularly desirable as a prospective employee. Is interviewing online allowed so long as you're back in your own country? What other things are?

I'm not interested in work visas through transferring, they're too unreliable to count on.
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>>18367855
I'm doing solo general practice. I'm doing a lot of shit for family and friends. It's a lot of annoying shit that doesn't offer much money. The main case I'm doing right now primarily deals with some complex civil procedure issues.

I recommend staying out of family law. The people are so fucking crazy, and have a very high probability of stiffing you.

As to good fields, go with something you can see yourself doing for a long time and enjoying, and where you can get an actual firm job.
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>>18367864
If you're going to sell the story you write to anybody, they'll probably not want to buy it if you don't have a document embodying the sale of the story rights because it's their asses on the line.
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>>18367884
Ok thanks
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>>18367876
Seconding this. Family law clients are even less reliable than criminal clients.

>>18367876
>civil procedure issues.
Can you give a little clue as to what the administrative issue is? Constitutional and procedural issues are way more interesting than the run-of-the-mill stuff.
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>>18367964
>Can you give a little clue as to what the administrative issue is? Constitutional and procedural issues are way more interesting than the run-of-the-mill stuff.

It's the cutting edge of personal jurisdiction issues, basically. I'm champing at the bit for SCOTUS to release its opinion in Bristol Myers Squibb Co. v. Superior Court, though this morning's BNSF Railway case is exciting in its own right.
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>>18367973
>Bristol Myers Squibb Co. v. Superior Court
I just read the fact of this, and I'm not from a federal country, so maybe I'm lacking some understanding, but why did the 592 out-of-state parties even sue in California? They're from jurisdiction A, suing a party resident/incorporated in jurisdiction B in the courts of jurisdiction C. Seems clear-cut.
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>>18367993
>but why did the 592 out-of-state parties even sue in California?

Two reasons: First, the judgments tend to be bigger in California than their home states, most likely. Second, it's more efficient for plaintiffs to all sue in one proceeding.

And it's not as clear-cut as it seems. Personal jurisdiction is highly technical. At least historically, it wasn't so simple as "The event, plaintiff, and defendant are all from someplace else? Why would suit be allowed there?" At least prior to the Daimler AG and Goodyear Dunlop cases, the general jurisdiction caselaw supported by Perkins v. Benguet Consolidated Mining and Helicopteros Nacionales de Colombia supported the possibility of a court having jurisdiction over a defendant when his operations were continuous and systematic within the state, even though the cause of action did not arise within that state. Now the out-of-state corporation has to at least have its "nerve center" in the state.

If you actually look back at the procedural history of BMS v. Superior Court, they had originally found general personal jurisdiction, but after Daimler AG they had to vacate that ruling. They later went back and found specific jurisdiction—that the cause of action arose from or related to the defendant's contacts with the jurisdiction—on the basis of the allegation that BMS's operations involving Plavix had some connection to California. It's a huge stretch, but it's the result of different jurisdictions applying different rules, and has been this way for well over a decade.

It looks like the Court is going to massively shit on California though. Fucking finally. I just hope they squash the fuckers harder than they did in BNSF Railway.
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>>18368031
Thank you for such a comprehensive response,

>Two reasons: First, the judgments tend to be bigger in California than their home states, most likely. Second, it's more efficient for plaintiffs to all sue in one proceeding.
Well, I wasn't asking about the benefits, rather I wondered how none of their lawyers foresaw that there would be jurisdictional issues. I know they probably did, obviously, but I'm just sort of boggled by the notion that it is even possible to sue a party in a third jurisdiction.

>It looks like the Court is going to massively shit on California though.
That's good. It sounds very dubious that California should assert that kind of jurisdiction,
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If an apartment doesn't have any pet clause at all in the lease and you have a pet... can the landlords make you get rid of the pet?
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>>18368056
>Well, I wasn't asking about the benefits, rather I wondered how none of their lawyers foresaw that there would be jurisdictional issues. I know they probably did, obviously, but I'm just sort of boggled by the notion that it is even possible to sue a party in a third jurisdiction

Oh, well, main reason would be the law firm thought the increased settlement value of the case was enough to offset the risk of an unfavorable decision on the jurisdictional issue. And really they were right; I believe Daimler AG was handed down well after the BMS litigation began. And even then, it took BMS something like six rounds of appeals to get a favorable decision out of SCOTUS. It must have cost a small fortune. I wouldn't be surprised if the litigation costs were more than the rejected settlement offer.

>It sounds very dubious that California should assert that kind of jurisdiction,
There are arguments going in either direction, but I agree. Where you have what I'd call a "foreign cubed" case (out of state plaintiff sues out of state defendant for harm occurring out of state), it should raise red flags.
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>>18368081
If the lease is entirely silent on pets, you can have a pet.

If it says no pets, then you shouldn't get one, but if it doesn't mention any remedies (e.g., a term saying you get assessed $25/day that the pet remains in the unit), they may be limited to seeking eviction. But I'm not sure on that point.
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>>18368090
One more question for you. In your experience, what percentage of a client's PI payout does the lawyer take?
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>>18368099
I want to say 1/3 is the standard, but that might be the maximum these days. I'm sure there are a lot of guys working lower percentages to steal clients.
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>>18367500
Is true obscenity two people straight up fucking each other?
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>>18368157
Generally not. Obscenity prosecutions are fucking rare these days, and generic hardcore porn isn't considered obscene anymore.
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>>18368162
So if I draw underage porn and someone decides that they don't like it and decides to sue me, would true obscenity not come into play?
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>>18368186
What? Lawsuit isn't the issue. It'd be a criminal prosecution.

And yes, obscenity would come into play because simulated underage shit is generally considered obscene at law. Compare the Max Hardcore case. You don't want to have to defend one of those cases.
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>>18366590
Following Situation: I am drunk, driving around. Police stops me and wants to check my alcohol leven. I instantly grab a bottle of vodka and drink the whole bottle at once. "Sir, now i am drunk and i won't drive anymore". Cop will be like "Well, we test your alcohol Level and deduct like 1 Promille for the vodka bottle, so we know if you were drunk before or not...".
Only I know, that I did just fill water into the vodka bottle.
Am i safe?
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>>18368836
That is a hilarious idea.

I'd charge you with obstruction of justice.

Also what exactly you were doing at the moment you chugged the bottle could still get you a DUI in some states. For instance, if the car wasn't shut off when you were chugging, it could potentially still be charged as a DUI.

Also, you'd have to do the whole thing, from breaking the seal to finishing the bottle, in the cop's presence for it to be believable. If you didn't break the seal in front of the cop, you'd also get busted for an open container violation, and probably still get a DUI charge on the allegation that you had been drinking while driving given the open container in the passenger compartment.

So since you have to do all this shit in the cop's presence, there are two serious risks.

First is that the cop is going to snatch the bottle out of your hand immediately. You can't drink a fifth of a gallon of water that fast.

Second is the sudden movement required to pull it off puts you at serious risk of being fucking shot. Or otherwise getting dragged out of the car and having the shit kicked out of you while you're arrested.

So no, you're not safe. They'd just charge you full freight DUI if you pulled it off, which you wouldn't. More likely you'd get charged with DUI for your blood alcohol, DUI for drinking while operating, attempted obstruction of justice/destruction of evidence, and an open container violation. And your car would get impounded. And you'd probably get your ass kicked when you got arrested instead of being put in handcuffs nice and gently.
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>>18366590
18 y/o here. me and my girlfriend need to attend court since the cops caught us making out a couple months ago. originally they said it was a ticket but they really gave us a pink slip for court. we need to go this Friday and we've been hiding this from our parents. I'm scared, what do?
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>>18368919
What's the charge? Trespassing? Public indecency?

Just go to court. You'll get a fine at worst.
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>>18366590
would this constitute criminal negligence/involuntary manslaughter?

>police officer grabs me
>i shift and try to move away
>he loses his balance, trips, falls, smacks head on concrete and dies
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About half a year ago my niece accused me of molesting her. Beyond the emotional trauma this obviously causes me, I'm not too worried about the accusation itself given that a) i'm innocent and b) the accusation is that i molested her at a point in time before i met her and in a state i've never been to. i have multiple people who can corroborate this.

my question is that, despite all that, i'm told the investigation itself is still ongoing. i have no desire to ever contact the girl or the rest of her family ever again, but im just curious how cases that are clearly cold like this progress or resolve. is this a situation where the investigation gets filed away in a cabinet but remains listed as 'ongoing' forever, or will i eventually get a call from my attorney giving me a definite resolution?
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>>18368940
There are a couple issues in this question. The first is whether you did something either unlawful or grossly negligent by shifting/moving away. I would say it does not constitute gross negligence because my instinct is that it wouldn't even constitute plain negligence in tort law, and gross negligence is by definition "more" negligent. So the issue is whether it's unlawful, such as whether it's resisting arrest.

But let's say it does constitute resisting arrest. For something to constitute involuntary manslaughter resulting from an unlawful act, either the criminal act must be a "malum in se" misdemeanor (rather than a "malum prohibitum" misdemeanor), or must be a felony that is statutorily defined as not triggering the felony murder rule. Let's assume the latter is not the case, and that resisting arrest is a misdemeanor. I believe that resisting arrest would be "malum prohibitum" rather than "malum in se".

But even if it could be "malum in se", there must be a causal nexus between your unlawful act and the death. I'm fairly certain this must be both actual and proximate causation. Proximate cause would be the main issue here. The death must be foreseeable: It must have been the natural and probable result of the conduct. This can include things like medical malpractice that takes place while a doctor treats a person who you injure. But in this case, we're talking about someone tripping and falling because you moved? Depending on the exact facts surrounding the movement, I think a good lawyer could put up an excellent defense, that someone falling down was not proximately caused by someone moving or resisting arrest beyond a reasonable doubt.

Interesting hypothetical. Sounds like something off a 1L criminal law final.
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>>18368950
My understanding is that child molestation cases often sit open when there's insufficient evidence to prosecute. However, there ought to be a statute of limitations involved.

Moreover, if it's possible to prove actual innocence rather than merely rebut all incriminating evidence, it ought to be closed for sure. The problem I'd see is that the girl may change her story at some point claiming a different date, especially if she claimed it to have happened when she was very young.

My real worry in these situations is that the child was, in fact, molested by someone, but is blaming someone else out of fear of being harmed by her actual abuser.

You should bring up this concern with your lawyer next time you talk to him, however. He'd be able to give you much better input on what the likely investigatory outcome is going to be. You may also wish to talk about whether, in the event that you're cleared, you need to seek to have any records of your encounter with the police expunged or sealed.
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>>18368977
>You should bring up this concern with your lawyer
I did, his main concern was just getting down everyone's relationships with each other. i wasnt detained or anything, my only experience with the police was an interview with some detectives at the station. at the time i had no clue what was going on and thought they just needed my help with something unrelated. if no charges are ever filed, would that interview ever possibly be a concern with something like getting a job? im not planning on running for mayor or anything.
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Senpai, do you have a lot of free time to fuck around? What type of girls do you like?
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>>18369043
>if no charges are ever filed, would that interview ever possibly be a concern with something like getting a job? im not planning on running for mayor or anything.

As you suggest, it'd definitely be a worry if you were interested in political office at some point. Beyond that, however, some professional careers that require licensure will also require you to disclose an extremely broad range of police encounters. Also, it may be possible to come up on a criminal background check. Finally, it might be something you're hassled for by the cops if you're ever arrested in the future.

As an attorney my reflex is to suggest looking into seeing whether there are expungeable records and then seeking expungement if so. But I recognize not everyone earns enough for that to be worthwhile, or cares enough for that to be desirable. Again, it's something to talk to your lawyer about.
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>>18369078
>free time to fuck around
Sorta. I'm a young lawyer with a small solo practice so I do get a lot of downtime, but in that downtime I generally research new business ventures. My current interest is telemarketer lawsuits.

> What type of girls do you like?
Pretty varied. Last girl I went out with was tall, dumb, anorexic, Chinese, and a grade 5 butterface. After her I briefly went out with a thicc black insurance adjuster... she was great. Currently going after a thicc white marketing director.
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Bumping for more questions
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Where can I buy condoms exactly? I've seen only a few on the counter at the store, but I'm not sure which size they are and they seem expensive.
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>>18370116
Wal-Mart sells small packs for pretty cheap in my state.

If you're a college student your school infirmary probably gives out free condoms. Go try some on.
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>>18367120
ANSWER HIM I NEED TO KNOW TOO

CAN I FUCK MY OWN ASS WITHOUT CONSENT??
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>>18367120
>>18370302
Suisodomy has been illegal since ancient times, and the United States is no different.
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>>18366590
JURY DUTY. I'M 19 YEARS OLD AND I THINK IT'S STUPID, I ALREADY POSTPONED ONCE AND I DON'T WANT TO TAKE OFF FROM WORK FOR IT
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>>18370318
Do your civic duty.
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Bumping for more law questions. Come on folks, bring your best hypotheticals.
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>>18366590
I need a good Entertainment Lawyer to sell the option to my exposes to the company that the exposes is about. Please do you have any suggestions? FYI the company will pay at least $250k - the expose is just that juicy. All the big names in Real Estate will be in it.
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I got a DUI about a month ago and my first court date for the ticket is in a week. Any advice on how to handle this?

My axle broke on the freeway causing me to hit the rear end of the car in front of me. I live in So Cal and took the Breathalyzer test twice with varying results (according to CHP, they wouldn't tell me the results), and then opted for the blood test on the third and documented test. I have not seen the results of those tests.The ticket is for a misdemeanor, 23152(b) 23152 (a)

While driving, something happened to my vehicle causing me to swerve-- i believe the axle had snapped. I'm not knowledgeable on cars myself but my car had just had new shocks put in a couple weeks prior to the accident and my car may have had body damage from an accident a year ago when two tires blew out.

I am a bartender and I was on my way home from work, at the end of our shift we did a cocktail tasting. I don't believe I was drunk when I began driving that night, but admittedly by the time I was half way through the police report the alcohol was definitely hitting me. The anxiety from the entire ordeal made it even worse; I have never been in an accident involving another car before.

I don't hold out much hope for fighting this ticket, because yes, by the time I was dealing with the police I was under the influence. But any advice on how to lessen the impact? I also don't have the finances for a lawyer (I bartend to support myself through school and live on my own).
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>>18371142
I don't know anybody in that industry, and this isn't really a referrals thread anyway.
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>>18371168
Go find a DUI lawyer that does free consultations. You'll learn a lot from that. You can probably get a lawyer just to help you through plea bargaining at a MUCH lower rate than a trial lawyer would cost... though I don't know whether anything could really be done.
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OP, how do I get away with doing bad illegal shit?? I wanna be totally reckless but escape all forms of punishment. kek
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What do you tell your lawyer if you actually committed the crime? But have a chance to get off because of lack of evidence for example.

What do you recommend someone to do if they're ever in a bad situation, like caught doing something illegal?
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>>18371418
I wouldn't know. By the time I meet people who do bad illegal shit, they've already been caught. Sometimes they can beat the charges, I guess.
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Is an IQ of around 120 high enough to be a lawyer?
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>>18371720
>What do you tell your lawyer if you actually committed the crime? But have a chance to get off because of lack of evidence for example.
The main thing the lawyer will have difficulty with if you admit to him that you did it is if you then present evidence or give testimony that's false. There's some specific steps you're supposed to take as the lawyer, including dissuading your client from going on the stand and lying, up to the point of withdrawing from that portion of the case and letting your client just sit up on the stand and tell a narrative... and judges know what's going on when you're doing that, though they're not allowed to punish your client for it without actual evidence.

But, yeah, if the client admits to the lawyer he did it but it's obvious the state can't make its case... the lawyer can fight the fuck out of the case. Poke little holes in all the evidence they try to marshal together.

>What do you recommend someone to do if they're ever in a bad situation, like caught doing something illegal?
Well, the advice everyone gives is don't talk to the cops. They'll use it against you. And, generally, comply, but assert your rights and clarify whether something's an order or a request. That can be important for Fourth Amendment purposes.

Whether there is no situation in which talking to the cops is advisable, I'm less certain. You always hear horror stories, but you also periodically see cases where the cop will be a bit less of an asshole, like write a ticket rather than make an arrest for pot. That said, there's so much going on behind the scenes that you don't know about. You don't want to go down on a minor pot bust and get a distribution rap pinned on you somehow.

So yeah, it's fucking complex. But my take is, when you weigh it all out, the safest choice when arrested is to invoke your right to silence—you have to affirmatively do this—and demand a lawyer.
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>>18371876
I have no idea. There are a lot of people getting law licenses that probably shouldn't, to be fair.
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>>18371888
>you have to affirmatively do this
this deserves to be highlighted. you have to scream that shit out that you're done talking or they'll just keep grilling you.
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>>18371919
Yep. They're allowed to play dumb and not take your sitting without saying a word as an invocation of your right to remain silent.
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>>18371876
Yes, but if you think that is the only important metric then no.
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Hey Mr. Goodman,

Last time I was in the States (Ausfag here) I got busted for possession of pot. How long do you suppose I'll have to wait before being allowed back into the country? Am I fucked forever with regards to travel to the US?

I did kind of want to see New York City.
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Thanks for the AMA, OP

I'm moving out of my apartment complex soon, and saw that the landlord had written my deposit in the "non-refundable fee" field on the initial rental agreement (even writing "deposit" under For Purpose Of). By WA State law, a deposit must be refundable. IF he tries to withhold it (I realize I'm not entitled to 100% of it), what should I do?

(for reference):
http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.285
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>>18372391
>implying you're getting back any of your deposit
>implying he's not going to charge you additional repair fees on top
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>>18367493
Why the hell do you live with your parents?
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>>18370333
Why? The court system is fucked anyway. Lawyers cherry pick the jury so it's as biased as possible, and more often than not the crime committed is punished beyond the scope of reasonableness.

Why be a part of a broken system? Why perpetuate something so misaligned with common morality?
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>>18372608

Tell them that. Also tell them you're a racist who hates Jews, Blacks, Asians and most Whites, and you think the majority of people should be gassed or neutered for the good of Mother Earth.

Should get you out of it.
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>>18372379
No idea. I don't do immigration/visa shit.
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>>18372391
I don't know about WA law. In my state, particularly in the biggest city, because of how onerous the laws are regarding security deposits, the vast majority of major lessors have moved to a "move-in fee" model and charging no security.

The fact that he put "deposit" in there, even though it says non-refundable, is important evidence.

It might be worth consulting someone in your area if you can. If you're a college student, for instance, your school may have a student legal consultancy. Or if you're poor, you should be able to find a law clinic that will help you.

End of the day, if he tries to withhold your entire deposit, you might want to threaten to sue. That may be enough to get him to comply. And then actually sue in small claims if he doesn't.
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if my biological father signed off his rights to me and my birth certificate was legally changed to not have his last name, why is my passport being dinged for having another name, specially my old name?
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>>18372591
Money. Solo life is fucking tough. As soon as I close out my cases, honestly, I'm going to look for judicial clerkships. At least there I'll have steady income.
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>>18372608

>t. someone who doesn't understand how juries actually work in practice
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>>18373035
Those guys are huge pains in the ass. Huuuuge pains in the ass. You might have to write a letter explaining it and enclosing evidence.
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>>18366590

If I fight in a official boxing match and beat my opponent to death (pretending to) ignoring the judge, am I liable for criminal prosecution?

Asking for this dumb movie idea.
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>>18368836
Along with this >>18368861 answer, I think just sitting in a car behind the wheel drunk gets you busted.
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>>18366590
I'm curious as to what my job prospects are for someone who is currently going on a deferred for a non-violent third-degree felony. I've successfully completed another probation on deferred for a lesser charge, and I've been sober for about two years, taken the time to learn programming and do basic bitch freelance work, but I'm facing the reality that my past is coming back to haunt me, since while the offenses in question occurred almost half a decade ago, it took about three years of local justice to finally get it through the courts. I just got rejected by a staffing place of all places, and it's starting to sink in that either I'm going to have to buckle down on freelance work, become a house husband, or go work in a warehouse.

Yeah, I know I just answered my own question, I just wanted to vent and get some input.
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>>18366590
Hey lawyer bro, what type of lawyer(legal consultant) should I get just for generalize stuff like provide me with advice for divorce, draft my will , advice me on basic business law and stuff like dat. I sort of need one as I'm getting older so I just want to know if there is that type of one and preferably cheap. Im a comp sci graduate with business minor
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If a lady left a cat in an apartment and gave the keys to someone to feed it but they forget and the cat dies, can the guy be prosecuted?
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>>18371888
>The main thing the lawyer will have difficulty with if you admit to him that you did it is if you then present evidence or give testimony that's false
So basically you have to be completely honest with the lawyer and say how it is?

>But my take is, when you weigh it all out, the safest choice when arrested is to invoke your right to silence—you have to affirmatively do this—and demand a lawyer
Got ya. So if a cop tries to search me or a vehicle I also have the right to ask if they have a warrant?
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>>18373050
Only if there were evidence that the killer did something way outside the scope of what was allowed in a sanctioned boxing match. Like if he pulled out a gun. Maybe if he had weights in his gloves. Possibly if he leaped on his opponent while he was down and slugged him repeatedly.

I expect it would work a lot like an investigation into a police shooting. The boxing commission would look into it and determine whether the killing happened during legitimate combat. If not they would render a report and recommend prosecution.
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>>18373183
Depends on the state. There are lots of horror stories about getting a DUI for sitting behind the wheel when the car isn't in gear.
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>>18373277
Check if your state has a "ban the box" law, where they're not allowed to ask if you've been convicted on the application, but can ask after they've made a hiring decision.
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>>18373295
Lots of generalists will do all this shit. Solo practitioners like me salivate over the sound of a client like you. Repeat business is where you make good money.
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>>18373455
Possibly. Depends on the local animal cruelty laws.
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>>18373564
You don't *have* to be truthful with your lawyer, but it's my understanding that lying to your lawyer is probably a bad idea.

You have a right to ask if the cop is ordering you to do something like open the trunk. Cop often doesn't need a warrant to search your car if he has probable cause. The fact of something being in a car is considered something like exigent circumstances now because of how easy it is to dispose of whatever. So asking for a warrant is likely to get him to say "I don't need a warrant." But you may want to point out that you're not consenting to the search. But don't resist and don't argue hard back. Once the point is made it's for the court.

Also my old crim law prof pointed out that when they ask for a consent search of the trunk and you decline, the cops will often radio ahead to another car, which will pull you over on another pretext and "discover" that he has probable cause for a search or an arrest. Dirty pool but it's what they tend to do.
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>>18373696
In the UK then.
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>>18373708
If I am ever in that situation I guess I'll make sure to record, the evidence could really help out a lot in court. As far as I know you can't be charged (If they search without consent, or a warrant and find something)

That is definitely dirty, but the PDs are corrupt as fuck.

Another related question. A corrupt cop can literally frame you for a crime, and arrest you. For example, during a search or similar he can say he found drugs but really it was something he put in there. I heard a story of someone that had that happen to him.
What does one do in this situation?
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>>18373721
How would he know? He's a US lawyer.
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>>18374071
>If I am ever in that situation I guess I'll make sure to record, the evidence could really help out a lot in court. As far as I know you can't be charged (If they search without consent, or a warrant and find something)

Could depend on the state, but under current national fourth amendment jurisprudence, they can search without a warrant and without consent if, for instance, they smell pot. Or if they walk a drug dog around the car and he hits on it. Whether they can search the trunk or any containers in the car is a slightly different story and depends heavily on the facts.

And even if they can't justify a search, like I say, they'll just find a reason to arrest you. Then they tow your car and search it. That's one of the other exceptions: They're allowed to search the whole car when they inventory it and do not need a warrant or any probable cause. They just need to arrest you and justifiably tow it.
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>>18374071
>Another related question. A corrupt cop can literally frame you for a crime, and arrest you. For example, during a search or similar he can say he found drugs but really it was something he put in there. I heard a story of someone that had that happen to him.
>What does one do in this situation?

If you're lucky, there'll be some contradiction in the testimony or the evidence. Or past evidence of this cop doing dirty shit.

In my opinion, the whole throwing shit out the window during a police chase is one of the more risky things you can do, because all they have to do is find something out on the side of the road (or in their back pocket), and voila: You must've thrown it from your car. I don't think you'd be able to exclude it under any evidentiary rule. The cop would just testify that he was on patrol, saw it fly from your car, stopped in the vicinity of where it went, searched, and found a baggie that didn't look like it'd been there for very long, and that in his experience as a police officer there aren't often random baggies of dope freshly dropped at the roadside. So they'd get the evidence in most likely, and you'd argue it wasn't yours, and the jury would believe the cop.

In that situation you might try to ride reasonable doubt. It could work if you had a sympathetic jury. But not likely. Jurors believe the cop.
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>>18373721
Haven't a clue.
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>>18366599

Generally,

If it is proven that the spouse was directly involved in the crime or directly witnessed it, then they may be compelled to testify against the other spouse.

Otherwise, they have the right to not testify.

For example, if a wife walks in the door and finds a dead man that the husband killed laying on the floor, she doesn't have to say anything against the husband if she doesn't want to.

On the other hand, if a wife walks in the door and sees her husband kill a man, and it is proven in court that she saw it, she can be compelled to testify against her husband.
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>>18374428
This might be true in your state, but not most states. Some states have outright abolished this privilege.
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>>18371188
Thank you for your reply.
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>>18366590

A week or so ago I got into a car accident where my car basically skid off the side of the road and crashed into some rocks. Nothing was damaged or hurt aside from my car but now I have a court date set with the violation being that I lost control of the vehicle.

What should I even do? Just take it? I don't want that on my record. My father said I would be able to skip the court by just taking a driving class which they'll provide in the mail but they haven't sent SHIT
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>>18375302
You've got a court date. You kind of have to go. There's a risk of you getting a bench warrant if you don't show up.

That said, when I was in undergrad I got a speeding ticket... and was going so fast that there was a court date rather than just a fine. But the court date was during a fucking final exam. I called up as soon as I got home, and the clerk told me I had to call again once they got the ticket. I forgot to. And I missed the court date. Like three or four weeks after finals I got a notice to pay a fine in the mail. That was it.

I wouldn't risk it though. Go to court.
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If I was wanting to chase my dreams of being a government leach, and getting social security/welfare/neetbux in America, should I pursue a lawyer to help me achieve these aspirations?

Would a lawyer want to help me make my case so that I can be an independant NEET?
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>>18377048
Social security law is a huge industry, and for good reason. Navigating the proceedings after the initial denial is hard.

So yes, you could probably find a lawyer to help you get social security.
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>>18377249
I haven't been denied, I've never pursued.
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>>18377267
Well you might want to see someone before you file? But you shouldn't go in literally saying "I'm perfectly healthy but I'm so fucking lazy and do not want to work." You want to actually have some disability. It could be psych, chronic headaches, chronic neck and upper back pain... things like that. They might send you to a doctor to get properly diagnosed.
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>>18366590
Neighbours keep swinging on my fence like a pack of niggers. I have put dogshit on the fence. I paid to build the fence and everything. They broke it too which I had to fix. Can I legally shoot them with my pellet gun?
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>>18377281
see I've started that already. Been to about 3 different doctors, and got x-rays, I have mild scolliosis and an extra lumbar vertebrae, which causes a great deal of back pain, even as I've lost weight down to a normal BMI level.
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>>18377284
>shoot them
No.

If they're damaging your fence, you can call the cops. But bear in mind these kinds of neighbor disputes are some of the most intractable, pain-in-the-ass things that exist. They escalate so fucking fast and can make your life absolute hell.

Sometimes it's easier to just fucking move. Or wait for them to move if they're just renters. But if you both own... yeah. It's a bitch.
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>>18377295

Good job. Go find a social security lawyer. If you're worried about the cost, try to find one that will at least give you a free consultation. Many, many lawyers will do that these days.
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>>18377360
What's it hurt if I lose, or don't follow through to the end?
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>>18377369
I'm not sure. If you get a lawyer who works on a contingent fee basis ("You don't pay unless you win!"), which I think is how the social security law industry generally works, if you lose then you don't get your disability payments... and that's pretty much it. If you later developed a new disability you ought to be able to reapply.

Also it's possible you'll get denied on the first time through even with a lawyer. So you'd probably have to appeal at least once.
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>>18377380
I'm currently working, and would somewhat need to retain that should it not go in my favor.

Does my job get notified, or need to be notified that I'm seeking disability?
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As a lawyer, I would advise everyone to not make any decissions based on legal advise found on 4chan.
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>>18377354
So more dogshit it is then
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>>18377390
No idea. Talk to a lawyer who does this.
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>>18377400
Pretty much.
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when can you and can you not refuse a car search?

for example, my friend recently had her car searched because she was leaving a music festival and it was considered probable cause that they may have drugs on them.
could she have refused this search?

another question, i've heard that if they search your vehicle and find no drugs on it they can't search your person, is this true?
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>>18377427
>when can you and can you not refuse a car search?

It very much depends on state law, but at least the Supreme Court has held that, if they have PC you can't refuse it. They don't need a warrant in that situation. And as a practical matter, you shouldn't "refuse" if they order you to let them search. You should object, and note that you aren't consenting to the search.

>for example, my friend recently had her car searched because she was leaving a music festival and it was considered probable cause that they may have drugs on them.
Weird. I have no idea how that works.

Basically, you can only really "refuse" a search if they're only asking if it's okay for them to check. But it's not hard to get PC to search these days. As I say somewhere above, all the cop needs to do is say he smells weed to justify a warrantless car search. You can possibly go back and fight it later if he then finds something. The real concern is whether you consented to the search.

>another question, i've heard that if they search your vehicle and find no drugs on it they can't search your person, is this true?
They can at least pat you down for weapons. If they want to check your pockets, there's not much you can do to stop them, but again, for the purposes of preserving arguments for court, it can be important to let them know you still aren't consenting to the search. This doesn't mean you should resist.

As to whether they can do it as a matter of law, I'm less sure. The issue of whether they didn't find drugs in the car isn't controlling. It's more a matter of whether they can search your person for the same reason they can search your car.
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>>18377400
approach them with a camera and tell them to get the fuck off your fence

film every time they do this and film yourself telling them to get off your fence
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>>18377427
Probably cause can never be participation in legal activity.

I.E. burning marijuana scented incense, have a marijuana scented car freshener, an empty packet of swisher sweets on the floorboard, or even leaving a Cypress Hill concert.
>>
How close is legally blonde to real life?
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>>18377506
Back in 2001, it was real life.
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>>18377484
are you sure about this?
i'll greentext out my friends story

>driving to music festival
>take wrong turn and pull into state border control
>they see no visible exit so they start turning around
>cop comes up to the window
>they explain that they need to turn around
>cop asks to see their ids
>he takes them and keeps them
>cop says "pull over here and step out of your car"
>they get sat down on a bench while they bring a drug dog out
>they then search the rest of their car
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>>18377530
>we saw you being a law abiding citizen, so we need to search your car now with our drug dogs.

Does that sound right to you?
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>>18377506
>bimbo girls in law school
Check.
>super-reserved girls in law school
Check.
>That one mean professor that chides you for not doing the reading in 1L
Check.
>Participating in trying a case as a 1L
Eh. Probably uncheck.
>High-school-tier romantic drama in law school
Big fucking check.
>Average looking upperclassman lands the hottest 1L for some unknown reason
Check.
>Submitting a stupid, cringey video instead of an essay on your application
I wish I could say uncheck. There are stories of people doing cringey shit every year. Usually they don't get in, though, even if their scores were great.
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>>18377530
>take wrong turn and pull into state border control
>they see no visible exit so they start turning around
This is why they got stopped. It looks like you realized you were going to hit a checkpoint and were going to turn around to avoid it. It's suspicious enough to make the investigatory stop legal. The drug dog is legal too.
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>>18377604
According to my friend
>"They pulled up really slowly and [driver] rolled down the window and asked them if we could turn around like way before we even hit the tunnel"
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>>18377630
Yeah that's why they got stopped, lol.

Now, here's the thing question: You said they were *searched*. Nothing you actually describe in the greentext was a search. It was an investigatory stop. Did they go through the car? Even if they did the fact that it was a border stop may make a difference.
>>
>>18367134
Answer this one, seems interesting. How time consuming is it, to find out if there are similar cases that went to court.
What if a third person puts up similar fraudulent signs?
Can a sign give permission? Are there limitations to this?
>>
>>18377839
Check your housing ordinances.

Paint and color selection can be mandated by the city.
>>
tl;dr I got bait & switched by a housecleaning service because they refused to give me the advertised price for service.

They have their prices listed online to clean all of your carpeted flooring for $60 (for reference, I live in a tiny studio apartment). Once the guys get here, he says that it'll be $90. I showed him the website saying otherwise and he said the website was out-of-date. Instead of telling him to fuck off, I was an idiot and paid for the service. Later that day I submitted a complaint to the Federal Trade Commission. It's been roughly a month now and still haven't heard anything back, plus the website is still advertising the "old" price.

So at this point, should I start bugging the FTC or should I secure a lawyer? I'm less interested in getting my $30 and would rather punish the hell out of those dirty fuckers.
>>
>>18366590
I know you can't give me specific advice since every state is different, but I need some employment law advice:
>Have tinnitus (ringing in ears) under control for over a decade
>Get new job, 1st day find out my desk is located next to noisy equipment and mgr's office
>Bring in earmuffs by end of 1st week
>Mgr says I can't use them, that no one will approach me with them on
>We get into disagreement, she backs off when I mention OSHA
>Next day I compromise (stupidest move ever) will remove earmuffs when someone enters the room (I will never do this again)
>Get molded earplugs, resume therapy
>Therapist is bitch, stop going while searching for new one
>Chief visits, about once a week, asks me if I have any concerns, one time I bring up the equipment noise, says he'll look into it
>I follow up with the chief and he sends some techs to check it out (later find out the head tech is a real dick) says the fan will need to be replaced
>Fan is never replaced, obviously on tech mgr's shit list
>One time, mgr reprimands a coworker in front of me
>Few months later, I get into disagreement with my mgr
>At end of my probation, I criticize my mgr's performance in my performance evaluation comments
>Comments trigger meeting with mgr and chief. He sticks up for mgr, put on performance improvement plan, never bring up noise again cause I can be fired for any infraction
>Finally find new therapist
>Find out fan noise can be reduced slightly by blocking it
>Big, noise A/C unit in adjacent room during summer...no escape
>Survive PIP, but don't go to HR. If I do, mgmt will immediately know I did, single me out, and make work even worse. There is no recourse
>Hand cramping, go to doctor, find out I have arthritis
>Go to physical therapy, helps
>Old man tells me I'm balding
>Turns out muff headband rubs against head when taking off putting on, hair extremely thin on crown, mortified, stress
>>
>>18378181
>>18366590
>Find out receding hairline has accelerated, more stress
>Therapist suggests wearing earmuffs upside-down, surprisingly still works but damage is done, most hair isn't growing back
>We get student workers, mgr shows she's the kiss up, kick down type, completely kisses their asses, can hear laughter from office
>Next Summer - A/C is replaced, work area at least is free from that source of noise
>Mgmt transfers me to new work location, request quiet room for desk, request denied
>Building is now source of noise: ventilation system. It's even worse than previous location
>No escape
>Tried blocking vent, unsuccessful
>Contact maintenance but they can't turn vent completely off, they'll get in trouble, hear no difference
>People talk to me despite wearing earmuffs, mgr was full of shit
>Over past year, tinnitus has gotten worse, know it's cause of vent, now also developed hyperacusis (sensitivity to loud noise)
>Anxiety affects my daily routine and social life now

I had the ringing under control for a long time. Then I get this job and it goes to shit. If I go to HR, it's too easy for mgmt to figure out I complained. I'm keeping the house afloat with this job. I haven't measured the vent with a noisemeter, so I don't know if it exeeds safe limits. However, it affects my work and health. I haven't gone to OSHA because the law can't protect whistleblowers. Employers fire you and tie them up legally for years, while you're out of work.

I plan on pursuing a lawsuit after I find a better job. Do I even have a case, whether it's for the bullying or the OSHA violations? I have a journal of my interactions with my mgr and about the events surrounding the noisy equipment. I've also had a hearing test done.
>>
>>18377839
Generally answered here >>18367468

Your specific questions, though:
>How time consuming is it, to find out if there are similar cases that went to court.
Not very. Legal research is really easy these days, though even if you had to do it in the books it's not too hard. What is hard is finding state trial court decisions, which could be very useful if you've never worked a specific area of law or jurisdiction before in calculating what a case is worth, but are of limited use in determining what the law actually is.

>What if a third person puts up similar fraudulent signs?
If the people who relied on those signs did so reasonably, then they probably wouldn't be in trouble. But it'd be for the finder of fact (the jury, or judge if it's not a jury trial) to determine whether that reliance was reasonable.

>Can a sign give permission? Are there limitations to this?
The sign itself doesn't really give the permission, but it signifies that permission is given. Permission could be withdrawn, in theory, but people who reasonably relied on signs that hadn't been taken down would probably be justified in doing so.

The main limitation is what is reasonable. It wouldn't be reasonable, for instance, to rely on a sign saying "FREE SEX" pointing at a bound and gagged woman. Nor would it be reasonable to rely on a "sign" consisting of a sheet of paper and writing "free parking" posted on a working parking meter. But it would be reasonable for the garbageman to rely on a note attached to an object at the street corner that said "TRASH", and throw away whatever it was.

The general rule that I'd use is whether the circumstances indicate that the sign was posted by someone with the lawful authority to grant that permission.
>>
>>18377864
>1 month
Shit moves slowly. Lawyer is probably not going to be able to do much unless there are enough potential victims to do a class action lawsuit. If it's a national chain, for instance, $30 times thousands of people might be worth it.

FTC probably won't do much, at least not in a reasonably speedy fashion.
>>
>>18378181
>>18378189
See a lawyer now. It's true that they can and probably will make your life hell if you do bring a suit, but just seeing the lawyer will get you a better idea if you should go for it anyway. Practicing lawyers are realists like this.

You probably want to see someone who does work comp shit. Stress very well may be compensable, and the worsening tinnitus probably is as well, as is their refusal to accommodate your workplace requests. You're going to want to do this sooner rather than later as there may be a limitations period on bringing it up. Just see the lawyer and he'll explain this shit to you. Many of these guys will do a free consultation.

At the very least you'll be able to get treatment on the company's dime. There are also treatments for tinnitus now. Also the stress/anxiety could be characterized as work-related and get your therapy paid by them.

OSHA won't do shit most likely. At least not to make your life better. Work comp could at least get you in a better situation. You may get retaliation, obviously, but this is something your lawyer will consider.
>>
Asking for advice because its dealing with corruption
So my biological dad weasels out of paying 50,000 dollars in child support because out lawyer fucked up. Mom and I chatted with a paralegal and he says that our attorney can be held accountable for that mistake. However, none of the attorneys in town want to go up against this lawyer because he's well known and colloquially influential; he's got an immaculate record and has never lost a case. We've called and called and no response has been given because reputation is at stake. If you are still here, who should I turn to when no lawyer will go up against this attorney?
>>
>>18378302
>none of the attorneys in town
Find someone out of town then. You don't have to hire someone that lives in the same county.

It's also possible that this paralegal is full of shit and the lawyer didn't actually fuck up.
>>
>>18378302
Also, it's tremendously unlikely that this hard-ass lawyer will represent himself, or that he has ever participated in a legal malpractice case. Anyone you've talked to who doesn't want to go up against him because he's such a big guy is probably full of shit and just doesn't think you have a case. I mean, the guy probably has legal malpractice insurance and the insurance company would hire a defense attorney for him.

It is possible, of course, that it's just the reluctance of people in a community to do this. I'm aware that some lawyers get nervous about doing legal malpractice cases.

Short answer: Cast a wider net and look for lawyers who specialize in legal malpractice. Check the biggest city in your state, and the capital city if it's not the biggest.
>>
>>18378244
Thank you, legal anon, I feel more confident in what I need to do now.

I should also note that my employer provides a Cadillac health insurance plan, so my bills have been minimal. However, I don't know what kind of coverage my next employer will provide, so I guess what you suggest makes sense.
>>
>>18378410
Ah. Then work comp probably won't do much. You don't get pain and suffering, for instance. That said it's possible that working with them could improve your workplace situation.

And yeah, once you leave that place and lose your private insurance, their work comp will still "own" your injury. So it may be worth pursuing.
>>
File: scout.jpg (61KB, 515x614px) Image search: [Google]
scout.jpg
61KB, 515x614px
I want to upgrade my Paypal to a business account, so that the internet people I'm doing business with don't see my real name. It's asking for a legal business name (emphasis on "legal," it's why I'm asking you specifically.)

Can I put something erroneous like Big Dick LTD. and not get in any trouble?
>>
>>18378419
It will cost you ten bucks down at the county building to register a DBA, why not just do it?
>>
>>18378423

I live in Illinois so it will probably cost me ten thousand, knowing how broke this state is. I can't use a fictional company?
>>
>>18378441
...did you even look at the website to see what the fee is? Fuck.
>>
>>18378441
Probably cost you about $100. This is how it works in Cook County. The fee is $50. Then you have to publish a legal notice in the local newspaper (look in the classifieds sometime) at least once a week for three consecutive weeks. Then you have to submit proof of publication to the office (i.e., clippings). Then and only then do you get your certificate.

http://cookcountyclerk.com/vitalrecords/busnamereg/Pages/Whatarethesteps.aspx

Here's what LegalZoom says on Illinois DBA law.

https://www.legalzoom.com/articles/file-a-dba-in-illinois

You will probably get in trouble with PayPal or the cops if you give fraudulent information.
>>
>>18378419

1. Make a Paypal with a bogus name

2. Pay it with your real Paypal

3. Pay with the bogus account

You dont need your real name on Paypal, just your real bank info
>>
>>18378559
Dumb idea. If you want to use a fictitious business name you should follow the law. This kind of shit can get you in enormous fucking trouble because it looks like fucking money laundering.
>>
>>18378564

If your linked bank info is correct it's not illegal. Money laundering doesn't leave a paper trail one step long.
>>
>>18378617
The number of steps is irrelevant. It's the fact of providing fraudulent information, even if not all the information is fraudulent. This is exactly the kind of shit the feds love to prosecute. I can't say whether it meets the exact definition of anything illegal because I'm not terribly familiar with the laws, but I'm telling you, this is a really fucking bad idea.
>>
>>18378414
>That said it's possible that working with them could improve your workplace situation.
Judging from how the chief deceived me in the past, I think it's safe to say they will fuck me 8 different ways while claiming to be "helping" me.
>>
>>18378694
Yeah, I understand. You should still look into consulting a work comp lawyer. Sometimes it's real easy to catch these guys at retaliating and fuck THEM over.

That and what we talked about re: getting the work-related issues you're having covered under their work comp insurance. Really nothing quite like zero deductible, zero copay, seeing whatever doctor you want, and getting anything that's considered medically necessary and caused by the injury covered.

Like your tinnitus, while it was preexisting, a good lawyer will be able to get the increase in symptoms classified as an aggravation, and when it comes time to do a disability rating you'll get a percentage of your tinnitus covered.
>>
>>18378708
I hope they're that dumb, because I will show no mercy. I am nervous though because of the responsibility I have to my mother. You mean getting work comp through a lawyer right, not by revealing my condition to my employer?
>>
>>18378899
Yep. Go see a lawyer. You can literally just pick the biggest ad in the phone book and they'll probably talk to you for free.

The main issue, though, would be ultimate payment because your case isn't one that would result in a large settlement, since your medical issues are mostly being covered by insurance. So you might have to go for someone a little smaller who will want you to pay hourly or something.

BUT still go talk to the big guys. I could be wrong. There could be some detail in your case that you may not have posted that could give them grounds to go for the jugular.

And remember, go see a few guys. Just like when you get a contractor to build a deck or something, you'll get a few guys out and compare numbers. Do the same with lawyers.
>>
Bumping for new questions. Don't be shy.
>>
how do you launder money?
>>
>>18379743
Machine wash cold, tumble dry low in a mesh bag. No bleach. Warm iron, no starch.
>>
>>18366590
Can I import non scheduled drugs that have the same or very similar effects than scheduled drugs? How could I sell them? As in for research purposes only and just wash my hands? Hypothetically speaking.
>>
>>18379843
>Can I import non scheduled drugs that have the same or very similar effects than scheduled drugs?
So the way federal regulation of medications works is that there are OTC drugs and prescription drugs (FDA regulated), and controlled substances (DEA regulated). It is unlawful to import any of these without a license (I think from the FDA, but the DEA would be involved if they were also controlled). That said, I'm given to understand that ordering prescription drugs, but not ones that are controlled substances, is extremely common and the FDA may not be enforcing the law on this.

The DEA is, however, enforcing the law regarding controlled substance importation. So if you get caught, it's your ass.

As to importing chemical preparations that, when ingested or smoked or whatever, have a similar effect to a controlled substance, I believe that so long as the drug has not been controlled or put on an import list, you may be able to get away with it. However, you shouldn't expect that to last for long.

This is particularly the case if you try to sell it. You can get in deep shit for selling, both at the federal and state level, even if it's not a controlled substance. I mean, there are ways to get around it, kind of like what they do with poppers—it's an air freshener, not something gays get high on before having sex! But doing this requires some creativity and knowledge of the laws... I certainly don't have enough of that.
>>
>>18378708
Will pursuing work comp negatively affect my future employment prospects?
>>
>>18379914
I'm all but certain it's illegal for them to ask about it, though companies may find some way to get around the ban, say by asking questions about your ability to perform certain physical tasks... though that really only says what your physical capacity is.

I'm also all but certain it's illegal for other companies to refuse to hire you for having filed a work comp claim in the past... but again... it's sort of like the retaliation thing. We all know it happens to some extent.

The real question is to what extent. I can't answer that. When you see a lawyer you should ask that question, specifically as to whether there is, in practice, discrimination against past claimants.
>>
>>18379743
not op but the logic behind it is to use the dirty money to buy something that you can sell for close to the same value in a short amount of time giving you clean money
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