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Question for RE lawyers:

When a lease is silent on the matter, what is the continuing liability of the Landlord subsequent to:

a. Assignment of the Lease to a new Landlord

b. Sale of the property and assignment of the Lease to a new LL

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I don't know if there's a real pinnacle to this profession. Some times it really seems like there isn't one. But I do now know that when you're standing there waiting and hoping for two words instead

Made partner today. 

Big news for The_Son - just found out he got the Rubenstein Scholarship from Chicago! Full tuition + a $20,000 per year stipend. Last week he was fortunate enough to be offered a full-tuition scholars

3 hours ago, Idiot Boxer said:

Question for RE lawyers:

When a lease is silent on the matter, what is the continuing liability of the Landlord subsequent to:

a. Assignment of the Lease to a new Landlord

b. Sale of the property and assignment of the Lease to a new LL

Commercial or residential?

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137,000 people listened to today's Ninth Circuit argument. I was a little on edge when I knew a few of my colleagues were watching a livestream of one of my arguments a few weeks ago. I don't know what I would have done if thousands of people were critiquing me on Twitter in real time. It's a new era. 

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On 11/15/2016 at 7:01 PM, Zow said:

Against a pro se litigant? 

My first case was against a pro se litigant, who did not respond, or show up for a motion to dismiss - a non-amendable defect in the complaint, and I still almost lost...Judge apparently knew the women and was having people at the court call her up.  We represented a doctor on a med mal defense claim.  Local counsel represented the Hospital in the same suit.  Case was filed in south Georgia, and I had driven down from Atlanta.  Hospital had filed a motion to dismiss, based on not having an affidavit from an expert with the complaint, and the time to amend had passed, and the statute of limitations had now also passed - making the failure a non-amendable defect - nothing plaintiff could do at this point - even if she had shown up for the hearing.  A day after the hospital had filed their brief, I filed a "me too" brief, and the hearing was set.

So, we waited a couple of hours to see if the woman would show up, eventually the judge heard the motion - Local counsel for the Hospital took the lead - an older lawyer, well known in the courthouse, laid everything out.  I was 2 months out of law school - and as I would come to learn, most judges in rural Georgia are not fond of the "big city" lawyers coming down from Atlanta.  So, hospital counsel finishes up, and the judge indicates that he will grant their motion,  and I rise to say that the complaint against the doctor was fatally flawed for the exact same reasons - and could not be cured.  Judge shuffles some papers around, and then pipes up:  "I see you filed you motion 29 days ago, doesn't the plaintiff have 30 days to respond?"  I am sort of fumbling for answers at that point - the court put our motion on the same docket as the Hospital's, but technically the judge is correct.  Though as I pointed out - it was a non-curable defect - there was literally nothing the plaintiff could do to change the outcome, even if she had shown up at the hearing with all of the appropriate affidavits.  Finally the local counsel for the Hospital stepped in and encouraged the judge to dismiss the suit against both parties, and I was saved from losing my first case/hearing against a pro se litigant, who did not even show up to the hearing...

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In one of those pits of lost time that I can't get out of. Every file is hitting a pressure point at the same time with multiple court appearances just stacking on each other.

I'm going to owe one of my adversaries a nice dinner. I've been sitting on their settlement proposal now for a month, haven't had time to respond and trial is fast approaching. I'm sure they hate me but the time black hole keeps packing me down. Have to get into the office 5am tomorrow just to have a chance to get something done.

And I'm sure someone is mad at me for not being in the office right now too.  But I refuse to sacrifice all family time.... even though everyone is ignoring me at the moment.... I need a drink.

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For those of you who might be looking for a change, I have to say that in-house gigs have some major perks.  Like company-paid benefits.  And half the FICA tax. And not having to hustle business, get people to pay you for work you've already done, or TRACK YOUR LIFE IN SIX MINUTE INCREMENTS. Now don't get me wrong, I'm working as many hours as I did before (though they are far more regular) and the gig can be stressful at times. It's also weird having a boss again. But I have to say that the change of pace was exactly what I needed after 18 years of Biglaw practice and I haven't looked back. Not sure how many in house opportunities there are in the markets where you all practice, but if an opening presents itself, I recommend you give it a hard look. 

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On 11/8/2016 at 3:29 PM, FattyVM said:

Hey you IP guys, you have any tricks with dealing with brand new examiners? I am currently trying to navigate the waters with one who has only had 37 apps, 0 issued, 1 abandoned and 36 pending. :unsure:

(Bonus Fun: foreign inventors who can't speak english and are trying to explain very advanced microprocessor technologies.) 

Interview.  Always interview.  Get on the phone and suck up.  Ask for "suggestions" and "guidance" (what do you need me to do to get you to allow this thing?).  And then when you get first claims allows, just file con after con broadening again and again and eventually he won't even look at the thing he'll just be granting you dozens of patents in the family.

Profit.

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On 1/25/2017 at 4:22 PM, FattyVM said:

The struggle is real as a new associate. My firm is one of the most laid back places i've heard about, I don't know how you dudes in big law do it.

Just sacrifice your social life, health, hobbies, and portions of your happiness; be a killer at what you do and bill as many hours as you can; be a "can do" guy who never says no and always gets the job done, and done right; do that for 8-10 years and maybe you make partner (partner track is longer now than it was 5 or 10 years ago); then you'll be making nice coin, but you'll also upgrade to a house and mortgage and lifestyle that require said coin, and you'll thereby earn the golden handcuffs that will keep you locked into that job for many years.  Hopefully you come to like it more and more, particularly where you have enough seniority that you don't really have a boss (except all of those clients you deal with, some of whom are cool, and some of whom drive you bonkers), and you have your own book of business and billings, so that you can be one of the cool kids at your firm; at least then the stress will recede somewhat.  Until you have trials each year, each of which will take you away from your family for several weeks to hotel living, and each of which will take years off your life as you find yourself going to trial looking like Obama at the beginning of his first term and leaving the trial looking like Obama leaving the White House in 2017. 

Me?  I'd like to stuff away enough into the coffers to pay for an addition on the home, a modest summer house on the beach to enjoy with my family for many years, retirements, colleges, and weddings, and then disappear.  Of course doing all of that is going to require another decade or two of what I'm doing, and the reality is that I'm so programmed now to be ON and highly functioning 100% of the time that I really don't know how to shut off for a weekend or vacation.  I imagine that'll only get worse after another decade of this.

WELCOME TO THE REST OF YOUR LIFE, HOPE YOU DON'T HATE IT TOO MUCH 

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On 2/18/2017 at 5:17 PM, Otis said:

Just sacrifice your social life, health, hobbies, and portions of your happiness; be a killer at what you do and bill as many hours as you can; be a "can do" guy who never says no and always gets the job done, and done right; do that for 8-10 years and maybe you make partner (partner track is longer now than it was 5 or 10 years ago); then you'll be making nice coin, but you'll also upgrade to a house and mortgage and lifestyle that require said coin, and you'll thereby earn the golden handcuffs that will keep you locked into that job for many years.  Hopefully you come to like it more and more, particularly where you have enough seniority that you don't really have a boss (except all of those clients you deal with, some of whom are cool, and some of whom drive you bonkers), and you have your own book of business and billings, so that you can be one of the cool kids at your firm; at least then the stress will recede somewhat.  Until you have trials each year, each of which will take you away from your family for several weeks to hotel living, and each of which will take years off your life as you find yourself going to trial looking like Obama at the beginning of his first term and leaving the trial looking like Obama leaving the White House in 2017. 

Me?  I'd like to stuff away enough into the coffers to pay for an addition on the home, a modest summer house on the beach to enjoy with my family for many years, retirements, colleges, and weddings, and then disappear.  Of course doing all of that is going to require another decade or two of what I'm doing, and the reality is that I'm so programmed now to be ON and highly functioning 100% of the time that I really don't know how to shut off for a weekend or vacation.  I imagine that'll only get worse after another decade of this.

WELCOME TO THE REST OF YOUR LIFE, HOPE YOU DON'T HATE IT TOO MUCH 

:shock::unsure::no: Way to lay it all out there man. But no, I think you have the crux of it right. Head down, do your work. The good thing is I never have to walk into a court room where I'm at. It's all patent prosecution. Although, if I do want to go big, I'll have to go into litigation.

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On 2/18/2017 at 3:17 PM, Otis said:

Just sacrifice your social life, health, hobbies, and portions of your happiness; be a killer at what you do and bill as many hours as you can; be a "can do" guy who never says no and always gets the job done, and done right; do that for 8-10 years and maybe you make partner (partner track is longer now than it was 5 or 10 years ago); then you'll be making nice coin, but you'll also upgrade to a house and mortgage and lifestyle that require said coin, and you'll thereby earn the golden handcuffs that will keep you locked into that job for many years.  Hopefully you come to like it more and more, particularly where you have enough seniority that you don't really have a boss (except all of those clients you deal with, some of whom are cool, and some of whom drive you bonkers), and you have your own book of business and billings, so that you can be one of the cool kids at your firm; at least then the stress will recede somewhat.  Until you have trials each year, each of which will take you away from your family for several weeks to hotel living, and each of which will take years off your life as you find yourself going to trial looking like Obama at the beginning of his first term and leaving the trial looking like Obama leaving the White House in 2017. 

Me?  I'd like to stuff away enough into the coffers to pay for an addition on the home, a modest summer house on the beach to enjoy with my family for many years, retirements, colleges, and weddings, and then disappear.  Of course doing all of that is going to require another decade or two of what I'm doing, and the reality is that I'm so programmed now to be ON and highly functioning 100% of the time that I really don't know how to shut off for a weekend or vacation.  I imagine that'll only get worse after another decade of this.

WELCOME TO THE REST OF YOUR LIFE, HOPE YOU DON'T HATE IT TOO MUCH 

While I can't entirely relate to a lot of the BigLaw stressors, this has been the biggest change for me since going into private practice. Couple with a wife and two babies, I can't ####### relax anymore because if I'm not either doing something for work or something to directly benefit the family I feel like I'm doing something wrong.  I found alcohol mixed with doing something very competitive helps, but otherwise I'm stressed out when trying to relax because I constantly feel like there's something productive I should be doing; whether it's making the kids' lunches or prepping for that next next week or whatever. 

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1 hour ago, FattyVM said:

:shock::unsure::no: Way to lay it all out there man. But no, I think you have the crux of it right. Head down, do your work. The good thing is I never have to walk into a court room where I'm at. It's all patent prosecution. Although, if I do want to go big, I'll have to go into litigation.

I do a mix, the vast majority being litigation, and while litigation is the more sexy and more profitable work, I often think the prosecution guys have it right. Much less stress, less travel, more predicability, etc.  Every year I threaten to switch to a full prosecution practice; maybe even start my own little shop and write patents from a beach house. But I yam what I yam. 

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On 2/20/2017 at 0:30 PM, Otis said:

I do a mix, the vast majority being litigation, and while litigation is the more sexy and more profitable work, I often think the prosecution guys have it right. Much less stress, less travel, more predicability, etc.  Every year I threaten to switch to a full prosecution practice; maybe even start my own little shop and write patents from a beach house. But I yam what I yam. 

I do trademark work and went to a local IP roundtable a while back.  By far, the most congenial guys in the entire room were the solo patent attorneys.  

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On ‎2‎/‎18‎/‎2017 at 10:01 AM, bigbottom said:

For those of you who might be looking for a change, I have to say that in-house gigs have some major perks.  Like company-paid benefits.  And half the FICA tax. And not having to hustle business, get people to pay you for work you've already done, or TRACK YOUR LIFE IN SIX MINUTE INCREMENTS. Now don't get me wrong, I'm working as many hours as I did before (though they are far more regular) and the gig can be stressful at times. It's also weird having a boss again. But I have to say that the change of pace was exactly what I needed after 18 years of Biglaw practice and I haven't looked back. Not sure how many in house opportunities there are in the markets where you all practice, but if an opening presents itself, I recommend you give it a hard look. 

I am glad it's working out for you.  Two other acquaintances of mine have gone in-house.  Unfortunately they both ended up at places with a culture that viewed regulation and legal ethics as sort of a voluntary thing.  Which can be a tough situation for a lawyer to be in. 

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The managing partners of the small plaintiff firm I work for called me in for a meeting today and informed me they'll be making me an offer this summer for a contract that calls for a gradual transfer of the entire firm to me, as managing partner and then as full owner.  Said I'm a son to them, which should tell you how old they are. 

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3 minutes ago, Henry Ford said:

The managing partners of the small plaintiff firm I work for called me in for a meeting today and informed me they'll be making me an offer this summer for a contract that calls for a gradual transfer of the entire firm to me, as managing partner and then as full owner.  Said I'm a son to them, which should tell you how old they are. 

Henry, that's awesome, congrats, and they sound like great people. 

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Just now, SaintsInDome2006 said:

Henry, that's awesome, congrats, and they sound like great people. 

Thanks, they really aren't. The first offer they make me will be terrible and we'll negotiate for close to six months, would be my guess. Still, it's nice to be appreciated. 

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My Achilles heel is that I'm terrible at getting clients. Truly awful.  I hate people so much.  But I love the law.  So I make them a #### ton of money on their clients and they'd like to extend that relationship of getting money from my work as long as possible into retirement.  Still, it will mean more money and if I can figure out how to make things work in my favor for getting clients, potentially a big future.  The firm has a lot of long-standing referring lawyers who know what having me on board in a case is worth.

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7 minutes ago, Ditkaless Wonders said:

Sounds like its time to bring on a personable young associate.  A networker with people skills.  The granddaughter perhaps of a well liked local judge.  Someone with a family name that speaks of integrity.  Someone to bring in clients.

Agreed.  Sad truth: I hate those people most of all.

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Since I was a named to SuperLawyers for the first time a few years ago I've been getting calls from the free profile.  Considering paying for an upgraded ad with them if this works out. Anyone have any experience?

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12 hours ago, Henry Ford said:

Since I was a named to SuperLawyers for the first time a few years ago I've been getting calls from the free profile.  Considering paying for an upgraded ad with them if this works out. Anyone have any experience?

I have a friend who is a successful plaintiff's lawyer and marketing/advertising is a huge part of their success (two man firm).  I would think an upgraded SuperLawyers ad is a no brainer for you. 

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  • 2 weeks later...

I'm a young lawyer under 30 who has only been practicing a few years. After a decent time spent actually looking for my first real job I was able to land a position as a residential real estate attorney and after about two years doing that I'm moving on to the next stage of my career. Got a job as an attorney for a large wireless field company for land use. I liked where I was at with residential real estate but found I really was not learning much or practicing law as much as you are just kind of showing up for closings and getting people to sign documents. Also I was beginning to get a little worried about job security with basically the refinance market dead right now. So we'll see if I made the right decision, I believe I did. A little more pay, shorter commute, no more driving 20K miles a year to closings and hopefully some valuable experience in commercial law which I think would be more valuable than residential real estate. 

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21 hours ago, fatness said:

"The prosecution is trying to tell you my client is making this up - that spontaneous combustion isn't real.  Well, let me tell you, I... Oh my God!  Oh, my God, my pants just spontaneously combusted completely unexpectedly!  Ladies and gentlemen of the jury, I believe it is obvious, completely coincidental in this case, and definitely not pre-planned: spontaneous combustion is real.  Thank you."

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Alright team: taking the California bar exam. Based on the self-study program I designed and subsequent negotiations to bring the price down, I signed up with a test prep company so I don't have to curate all the material myself. With any luck, I'll join you all as having passed the exam at the end of summer. Appreciate the support over the years.

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5 minutes ago, Instinctive said:

Alright team: taking the California bar exam. Based on the self-study program I designed and subsequent negotiations to bring the price down, I signed up with a test prep company so I don't have to curate all the material myself. With any luck, I'll join you all as having passed the exam at the end of summer. Appreciate the support over the years.

wait what? 

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I ####### hate this job right now. Gonna spend like 65 hours this week just on one divorce case where the parties are the embodiment of everything terrible about family law.  And I totally undercharged the damn thing.  I'm going to hate myself come the weekend.  It's probably going to take a month off my life. 

Also, wife and kids are gone for the week.  It's beautiful outside.  It's March Madness.  Had an invite to stay and play unlimited golf at a private club all week for minimal cost.  Was invited to Vegas for the Thursday and Friday games and would stay for free.  Softball tourney near Sedona this weekend. Absolute amazing time to have the week to myself.  I could drink and play golf all week, I could sit in a sportsbook for hours on end betting basketball and drinking, and I could play softball in one of the most prettiest areas of the country in near perfect weather.  

But nooooo I just had to ####### become a lawyer and sign up for ####ty weeks like this. 

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5 minutes ago, Yankee23Fan said:

And by like I mean yeah, I called that February.

Yeah, but New Jersey weather sucks in February. 

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I settled a divorce last week. All major agreements memorialized in an order. All minor issues swept under the rug with an ackowledgment that each party was giving up claims against the other. A few days later my client starts asking me, what about this? What about this? Hold it. You made a global settlement that incorporated all issues. I even took him aside and asked him to confirm that he was ageeing to settle for what was in the order. I even had him read and initial every page. He said he understood that this resolved all issues. Now he doesn't want to sign the settlement agreement and he wants to talk to the judge about 3 issues that were not "resolved" in the agreed order--the judge who looked him in the eye and asked him if the agreed order memorialized the entire settlement.

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Just now, Christo said:

I settled a divorce last week. All major agreements memorialized in an order. All minor issues swept under the rug with an ackowledgment that each party was giving up claims against the other. A few days later my client starts asking me, what about this? What about this? Hold it. You made a global settlement that incorporated all issues. I even took him aside and asked him to confirm that he was ageeing to settle for what was in the order. I even had him read and initial every page. He said he understood that this resolved all issues. Now he doesn't want to sign the settlement agreement and he wants to talk to the judge about 3 issues that were not "resolved" in the agreed order--the judge who looked him in the eye and asked him if the agreed order memorialized the entire settlement.

Ha, I dealt with that issue this morning, but from the other side of it where the opposing party was the one who increduously balked and acted like we hadn't negotiated everything in the proposed settlement agreement stated on the record.  Worked out for her too because my client did give in a little bit and we revised the deal. 

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On 2/22/2017 at 1:37 AM, Henry Ford said:

Since I was a named to SuperLawyers for the first time a few years ago I've been getting calls from the free profile.  Considering paying for an upgraded ad with them if this works out. Anyone have any experience?

I've always assumed it was scam. Never bought their plaques or paid for their premium listings. 

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1 hour ago, Otis said:

I've always assumed it was scam. Never bought their plaques or paid for their premium listings. 

Yeah, I'm definitely not buying some stupid plaque, but people do seem to find me through their site. 

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13 hours ago, Zow said:

wait what? 

I was gonna self study to save the price of a course, since I don't have a firm paying or qualify for public interest. But then I tallied up all the materials I wanted, and then I talked to the course reps about my situation, and they brought the price down pretty close to what I would pay on my own for materials, so I enrolled in the course instead.

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25 minutes ago, Instinctive said:

I was gonna self study to save the price of a course, since I don't have a firm paying or qualify for public interest. But then I tallied up all the materials I wanted, and then I talked to the course reps about my situation, and they brought the price down pretty close to what I would pay on my own for materials, so I enrolled in the course instead.

Gotcha. 

Honestly, I thought Bar/Bri was like the best $2200 or whatever it was money that I have spent.  Just followed their instructions, did the lectures (I did the iPod version), and did the practice tests.  Didn't kill myself.  Just had those ear buds in while taking warmups for baseball, playing poker, driving, working out, running, etc.  Made myself do a multiple choice test every day. Wasn't stressful, I felt ready, and I passed easily (in AZ, which probably isn't quite as hard as CA or NV, but it's up there - at least it was).  

My year was actually the year there was a successful class action against Bar/Bri.  I immediately opted out of it because I had zero issues with the transaction and their materials. 

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On 3/13/2017 at 10:28 PM, Zow said:

Ha, I dealt with that issue this morning, but from the other side of it where the opposing party was the one who increduously balked and acted like we hadn't negotiated everything in the proposed settlement agreement stated on the record.  Worked out for her too because my client did give in a little bit and we revised the deal. 

Must being going around lately.  Left a very amicable mediation with an agreement in principle last week, yesterday the proposed order comes over from the other side and I feel like we were at different mediations. Called the guy on the other side and he's adamant that "that's not what we agreed to."  Square one.

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Just now, Thorn said:

Must being going around lately.  Left a very amicable mediation with an agreement in principle last week, yesterday the proposed order comes over from the other side and I feel like we were at different mediations. Called the guy on the other side and he's adamant that "that's not what we agreed to."  Square one.

The mediator didn't memorialize the agreement in writing or by oral recording, I take it? 

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Just now, Zow said:

The mediator didn't memorialize the agreement in writing or by oral recording, I take it? 

Nope - and I usually ask for that, but this was a guy I went to LS with, and like I said it was very amicable.  Lesson learned I guess.  I have a message into the mediator for her notes to see what she thinks.

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57 minutes ago, Thorn said:

Nope - and I usually ask for that, but this was a guy I went to LS with, and like I said it was very amicable.  Lesson learned I guess.  I have a message into the mediator for her notes to see what she thinks.

Eesh.  That's tough.  Would think there's gotta be a way to salvage it. 

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Been negotiating for hours today in attempt to avoid an incredibly messy two day trial.  After numerous emails and phone calls, the other side finally makes a counter that I think is reasonable.  I lay it out for the client, give what I consider to be great advice and insight as to how it helps us down the road, lay out trial risks, etc.  I think I have it.  

Client's response, just a few minutes later: "No." 

Shortest email in over 300 emails I've ever gotten from this particular client. :wall: 

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