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The Lawyer Thread Where We Stop Ruining Other Threads (3 Viewers)

Zow said:
I'm not going to get into a very complicated, nuanced area of law (where there are very likely applicable local laws and regulations which bleed over into first amendment issues), and I'm always hesitant to engage in conversation with you, but, generally speaking, police officers at a street level have an absurd amount of power and discretion.  Some may not know the laws the best.  Like any profession, some are complete #######s and are bad at their jobs. Additionally, police officers are not lawyers.  As such, there's a "good faith" exception that may protect them in many instances where they may legally be in the wrong. 
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Do you think they were right or wrong pertaining to this video?

 
Yeah this is exactly the stuff that Venice Beach has specifically regulated.   Even if it was speech and not a performance, there's a reasonable time/place/manner restriction in that he could have moved about 10 feet away like the cops asked him to do, but instead he wanted to be a ####.   He's a busker, and that's exactly what's being regulated.

 
-fish- said:
Yeah this is exactly the stuff that Venice Beach has specifically regulated.   Even if it was speech and not a performance, there's a reasonable time/place/manner restriction in that he could have moved about 10 feet away like the cops asked him to do, but instead he wanted to be a ####.   He's a busker, and that's exactly what's being regulated.
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Never heard of this word.  Nice. 

 
So I'm teaching an ethics CLE for 3 hours tomorrow.  It's mainly on attorney-attorney :pickle:  . 

 
Woman Claims Bar Exam Was Flawed, Files Court Complaint

By William Vogeler, Esq. on June 16, 2017 11:57 AM

What causes of action, if any, does a law student have against bar examiners for failing her?

No, this is not a cruel bar exam question. It is a question in a lawsuit pending in a Mississippi court, where Zundria Crawford has filed a complaint over her failed bar exam results.

Crawford claims she didn't fail the bar, rather the bar failed her. Her complaint looks like a Hail Mary, but many other examinees who have failed may be praying it flies.

Judicial Immunity

Judge Denise Owens will decide whether Crawford can even proceed with her case in Hinds County Chancery Court, where the court must approve any complaint filed against a state entity. Assistant Attorney General Harold Pizzetta says it won't go forward because of judicial immunity.

But Crawford is undaunted, having already twice appealed the bar examiners' grading. Mississippi's Board of Bar Admissions apparently is the only one in the country to allow two appeals.

Under its appellate procedure, the board is required to provide copies of the exam questions, model answers, and the applicant's original answer. The review does not include multi-state bar exam questions.

Crawford claims the board misgraded her multi-state performance test, which accounted for 15 percent of her score. She says she received two points of 30 possible on the section; the board says she scored 16.

Not Alone

Fifty-six people failed the February exam, about two-thirds of the test-takers in Mississippi. It was one of the worst pass-rates in the country, even though the test is not very difficult compared to other states.

Crawford isn't alone as a student to sue over a failed exam, either. Tamara Wyche, a Harvard graduate, sued New York bar examiners after she failed the exam twice.

Wyche claimed the bar denied her accommodations for anxiety and cognitive deficits, and she passed the exam on her third try after being accommodated.

In any case, bar exams are tough all around. Last year, Oklahoma lowered its exam standards and California is considering the same.
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http://blogs.findlaw.com/greedy_associates/2017/06/woman-claims-bar-exam-was-flawed-files-court-complaint.html?DCMP=CCX-FBLP

If people didn't like us before, it's only going to get worse.  :lmao:

 
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Reactions: Zow
The president of the Washington State Bar Association resigned on Sunday citing personal issues.  Today it was revealed that she's facing criminal charges for embezzling from her last two law firms.   Threw away her career and may go to jail over just over $9,000.   She claims she thought it was ok to use firm credit cards for personal use.

 
-fish- said:
The president of the Washington State Bar Association resigned on Sunday citing personal issues.  Today it was revealed that she's facing criminal charges for embezzling from her last two law firms.   Threw away her career and may go to jail over just over $9,000.   She claims she thought it was ok to use firm credit cards for personal use.
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We've had two similar cases here in the last year. Both very small amounts. One guy lost his job as the top US Atty in our district, the other was a boutique partner in private practice and lost his job, went to jail. I don't think either of them involved over $10k.

 
Having a tough time finding a specific answer focused on Texas land rights and grazing leases so figure maybe I'll throw the question out here:

Tenant was granted a lease over a 2 acre area on land on Landlord's 300 acre parent parcel in 1990. The 2 acre area of land is not subdivided.

Tenant has a lease over than land until 2025. Landlord granted a non exclusive easement for the use of that whole 300 acre parcel for livestock to Livestock Company in 2003. As it is livestock, there is little control as to where they graze etc and it is reasonable that they may cross over Tenant's previously existing lease area of the 3 acres as part of that whole parent parcel.

Would there exist any issue here with a default/breach on the landlord for granting a land right over an existing lease even in the cases where the grazing does not seem to particularly interfere with Tenant's operations?

 
-fish- said:
The president of the Washington State Bar Association resigned on Sunday citing personal issues.  Today it was revealed that she's facing criminal charges for embezzling from her last two law firms.   Threw away her career and may go to jail over just over $9,000.   She claims she thought it was ok to use firm credit cards for personal use.
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If you're going to steal money as a lawyer, it better be enough to leave the country, change what your face looks like, acquire false identification documents you can use for the rest of your life, and live like a Saudi prince. 

 
I have a situation in my divorce regarding division of an asset.  I asked my lawyer about it and he said the statute that covers this division has some gray area.  I'd prefer to learn more, but don't want to spend his rate to do so.  I'd love to see if there is a case precedent of some kind in my situation.

I'd be lost in a legal library, let alone I don't have the time.  Is there a paid service I could use, or hire someone on the cheap to research this?  I don't know my options.  I'm in CA if that matters. 

 
pats3in4 said:
I have a situation in my divorce regarding division of an asset.  I asked my lawyer about it and he said the statute that covers this division has some gray area.  I'd prefer to learn more, but don't want to spend his rate to do so.  I'd love to see if there is a case precedent of some kind in my situation.

I'd be lost in a legal library, let alone I don't have the time.  Is there a paid service I could use, or hire someone on the cheap to research this?  I don't know my options.  I'm in CA if that matters. 
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What's the issue?

 
pats3in4 said:
I have a situation in my divorce regarding division of an asset.  I asked my lawyer about it and he said the statute that covers this division has some gray area.  I'd prefer to learn more, but don't want to spend his rate to do so.  I'd love to see if there is a case precedent of some kind in my situation.

I'd be lost in a legal library, let alone I don't have the time.  Is there a paid service I could use, or hire someone on the cheap to research this?  I don't know my options.  I'm in CA if that matters. 
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I don't mean to be flippant, but that's what your lawyer is for. I don't mean to trash paralegals, but they're probably your "cheaper" option and I wouldn't necessarily trust their work.  If you knew somebody in your circle of friends or family who is a law student, you can probably bribe them with beer to do it for free (however, they shouldn't be giving you advice or an opinion of what they find). 

Honestly, you may have some luck with GoogleScholar.  Type in some search terms relevant to your issue (e.g. "spousal maintenance" AND "tinder" or "community property" AND "sex slaves"), be sure to check the circle for California and that you're looking for "caselaw", and see what pops up. 

Again, though, listen to your lawyer. 

 
pats3in4 said:
My ex may know my user name here, so I'd share details only via PM.  My question was generic enough for the forum.  Sorry if I'm coming across a bit paranoid. 
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Totally understand but without knowing the issue impossible to tell.  Different outcomes if it is a dispute about retirement, pension, VA benefits, etc.  Also changes who to refer you to.

 
Crazy week.  Still at the office because I spent all afternoon yesterday in oral arguments for an evidentiary hearing that was only supposed to last one hour but dragged on because the other attorney went into total stall and fight mode and continually tried to litigate issues the judge had ruled on like 15 minutes prior.  She also objected to over 50% of my questions and literally had one sustained... on foundation which I cured with one follow up question. 

Earlier in the week I had a client go to an appointment for a competency exam that went haywire.  While I'm trying to talk the client into going forth with the exam and not ditching it, the doctor calls me and tells me he's going to shoot my client if he comes back into his office.  So, then I had to (as calmly as possible) advise the client to get the hell in his car and go home.  The issue? The doctor had a bunch of pro-Trump stuff up in his office and the client took offense. Apparently this doctor, who I've never had an issue with before, is some huge Trump guy who thinks the "libs" are out to get him.  Awesome. 

Today I had a victim recant on a very serious case set for sentencing this Tuesday.  There goes my weekend. 

 
Hey lawyerguys....long time listener first time caller.  I have a friend who was adopted in AZ in 1955.  There was a court case that apparently drug on for a couple or more years brought by a law firm there (stokes,bagnall,and moring)  against the state who apparently didnt appreciate a black child being adopted by white people.    At this point thats all the information she knows other than her and her adoptive  parents name who werent a party to the  case.  Anybody know the best way for me to help her find this particular case (or if its even possible with the information given) ?

 
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Hello lawyers of FBG.

My son attended a private prek program last year and the year before. As part of this school, they participate in the public preK program for 4 year olds, basically meaning kids who were in their previous programs (2's programs & 3's programs) would have priority spots reserved for the free program through the NYC DOE, which he attended this year (4's program). That is the highest age of the school and my oldest is now done with the program. Anyways, my wife noticed a large advertisement in one of the busiest places in Brooklyn and on that advertisement is my son. 

We weren't informed they would be using an image of him participating in a class and unless we had walked by (or were informed FCjr. was on this advertisement by other parents in the neighborhood) it, we might not have ever known. 

I feel like they would need to inform us of this and need our consent, especially since it is a picture from this year where he is participating in a class funded by the city of New York.

Anyone have any feedback on this? 

 
fantasycurse42 said:
Hello lawyers of FBG.

My son attended a private prek program last year and the year before. As part of this school, they participate in the public preK program for 4 year olds, basically meaning kids who were in their previous programs (2's programs & 3's programs) would have priority spots reserved for the free program through the NYC DOE, which he attended this year (4's program). That is the highest age of the school and my oldest is now done with the program. Anyways, my wife noticed a large advertisement in one of the busiest places in Brooklyn and on that advertisement is my son. 

We weren't informed they would be using an image of him participating in a class and unless we had walked by (or were informed FCjr. was on this advertisement by other parents in the neighborhood) it, we might not have ever known. 

I feel like they would need to inform us of this and need our consent, especially since it is a picture from this year where he is participating in a class funded by the city of New York.

Anyone have any feedback on this? 
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Just a guess, because it is pretty standard paperwork with most schools - but you probably signed something originally that contained language allowing photos (and other media) of your child to be used in advertising.

 
Sinn Fein said:
Just a guess, because it is pretty standard paperwork with most schools - but you probably signed something originally that contained language allowing photos (and other media) of your child to be used in advertising.
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For a public school program?

I've got to review...

 
Ditkaless Wonders said:
Standard paperwork in the school district in which I reside.  I do not provide my consent.  each year this seems to throw the school district and they contact me as to why I do not provide this consent.
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You can use me as an example next time. My internet friend Fantasycurse had his kids picture plastered all over NYC, he found out by walking by.

 
Media Coverage Opt-Out Form

Complete this form to exercise your right to not have your child or their work shown on the Fayette County Public Schools (FCPS) educational access channel, the FCPS website or in the local news media. Students in the Fayette County Public Schools have tremendous talent and achieve remarkable accomplishments in academics, performing and visual arts and athletics. Throughout the year, there may be opportunities for positive publicity related to the accomplishment of individual students, school related groups and schools.

Examples of this type of positive public relations opportunities include, but are not limited to, school newsletters, Channel 13 broadcasts, feature stories, announcements and photographs on www.fcps.net, school district publications, and coverage by local print, broadcast and radio media outlets.

If you do not want your child or their work to appear publicly in photographs, articles, audio/video broadcasts, and/or interviews, the student or parent/guardian must sign this form and return it to the school office within one month after enrollment. This opt-out request will remain in effect for the current school year only
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This is the form we are given every year - to opt out (i.e. unless you specifically opt out - you are giving permission to use photos, etc.)

 
da_budman said:
Hey lawyerguys....long time listener first time caller.  I have a friend who was adopted in AZ in 1955.  There was a court case that apparently drug on for a couple or more years brought by a law firm there (stokes,bagnall,and moring)  against the state who apparently didnt appreciate a black child being adopted by white people.    At this point thats all the information she knows other than her and her parents name who werent a party to the  case.  Anybody know the best way for me to help her find this particular case (or if its even possible with the information given) ?
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Find a case where you don't know the names of any of the parties?

 
Christo said:
Find a case where you don't know the names of any of the parties?
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One party is the State of Arizona.  That narrows it down to a few thousand cases in the 1955-1957 time frame.   He does know the law firm involved.   I'd guess it wouldn't take more than a couple weeks to find it.

 
-fish- said:
One party is the State of Arizona.  That narrows it down to a few thousand cases in the 1955-1957 time frame.   He does know the law firm involved.   I'd guess it wouldn't take more than a couple weeks to find it.
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Often, these cases are captioned based on the child's name. Either First Name Ladt Initial or Baby First Initial. 

 
-fish- said:
One party is the State of Arizona.  That narrows it down to a few thousand cases in the 1955-1957 time frame.   He does know the law firm involved.   I'd guess it wouldn't take more than a couple weeks to find it.
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Thanks for the responses.   I realized when I posted it woulldnt  going to be easy to find.  Is it something a lay person would have access to or would it have to go through an attorney?   

 
da_budman said:
Thanks for the responses.   I realized when I posted it woulldnt  going to be easy to find.  Is it something a lay person would have access to or would it have to go through an attorney?   
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Start by calling the court clerk.  Tell them what you're trying to do.  Depending on how cases are archived, this could be simple but tedious, prohibitively expensive or impossible.

 
da_budman said:
Hey lawyerguys....long time listener first time caller.  I have a friend who was adopted in AZ in 1955.  There was a court case that apparently drug on for a couple or more years brought by a law firm there (stokes,bagnall,and moring)  against the state who apparently didnt appreciate a black child being adopted by white people.    At this point thats all the information she knows other than her and her adoptive  parents name who werent a party to the  case.  Anybody know the best way for me to help her find this particular case (or if its even possible with the information given) ?
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For what it's worth: 

1. That's in Pinal County, which is pretty small so maybe try their records department. 

2. I did a quick caselaw search in the event something had been appealed given the relatively unique circumstances you've described.  I found nothing. 

3. I'd suggest contacting the law firm but I can't tell if they're still even in existence. 

 
Ramsay Hunt Experience said:
Often, these cases are captioned based on the child's name. Either First Name Ladt Initial or Baby First Initial. 
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Generally, the cases are captioned by "In re the Adoption of [child's first name] [child's last initial]."  At least that's how we generally caption them nowadays.  

 
Not a lawyer, but I enjoy reading the stories in this thread.  Yankee23Fan, can you provide a little story regarding Karma being a ##### as referenced in your post.

 
fantasycurse42 said:
Hello lawyers of FBG.

My son attended a private prek program last year and the year before. As part of this school, they participate in the public preK program for 4 year olds, basically meaning kids who were in their previous programs (2's programs & 3's programs) would have priority spots reserved for the free program through the NYC DOE, which he attended this year (4's program). That is the highest age of the school and my oldest is now done with the program. Anyways, my wife noticed a large advertisement in one of the busiest places in Brooklyn and on that advertisement is my son. 

We weren't informed they would be using an image of him participating in a class and unless we had walked by (or were informed FCjr. was on this advertisement by other parents in the neighborhood) it, we might not have ever known. 

I feel like they would need to inform us of this and need our consent, especially since it is a picture from this year where he is participating in a class funded by the city of New York.

Anyone have any feedback on this? 
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:lol:

you really need to move, and stat. or at least get suing the city... for kid stuff. have you had any inroads with getting your kid redshirted because he's different?

 
Did you guys see this story:

https://www.washingtonpost.com/news/post-nation/wp/2017/07/13/police-stop-a-woman-for-her-tinted-windows-then-learn-shes-a-florida-state-attorney/?utm_term=.f9efabbf474c

I have vague memories from law school about the constitutionality of pretextual traffic stops.  Was this stop constitutional today?

ETA: found the following from a 1997 law review article, still good law?

Both federal and state courts have struggled with arguments concerning pretextual traffic stops under the Fourth Amendment to the United States Constitution and its parallel provisions in state constitutions. But recently, in Whren v United States, [FN1] the United States Supreme Court put an end to the confusion under the Fourth Amendment with a holding that rejects the pretext argument and deems irrelevant any inquiry into the officer's subjective motive for making the stop.

 
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Ramsay Hunt Experience said:
I normally think that too.  I'm still worried here.  It should be a slam dunk.  This guy also did the oral argument for the intermediate appellate court.  I thought he kind of botched that too, but the Panel in that case seemed to be completely adopting our argument.  They killed opposing counsel.  Then, we didn't hear anything for over a year before an opinion came out against us using reasoning that was nowhere in the opponents briefing and that never came up in argument.  It was really weird.

This time, the Panel asked some questions about certain provisions of the contract that he could have easily just replied were irrelevant.  But he tried to distinguish them in a way that misreads those (irrelevant even if properly constructed) provisions.  This bothers me because it took about 5 minutes of questioning time on an issue that's just a distraction. 
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We lost.  I'm feeling even stabbier. 

 
Defense attorneys and Prosecutor type guys... explain the bold to me like I'm not a lawyer.

http://www.bakersfield.com/news/john-giumarra-iii-had-bac-more-than-twice-the-legal/article_2d8683a6-6b79-5808-97c5-a9109402eb4d.html

The blood alcohol content of John Giumarra III was more than twice the state's legal limit the night he drove north of downtown Bakersfield and collided with a bicyclist who later died, a police report says. 

Giumarra, a member of a prominent farming family who was on probation for an earlier drunken driving incident, had a blood alcohol level of 0.18, according to a probable cause declaration filed in court. The legal limit is 0.08.

Giumarra, 48, told police he believed he hit something in the roadway, according to the report. Police noticed a smell of alcohol coming from Giumarra and had him perform a breath test, then arrested him.

Police said Giumarra was driving in the 1600 block of Golden State Avenue when he collided with a bicyclist around 9:30 p.m. Jan. 16. He left the scene, according to police, and was found at a Mobil station on F Street.

The bicyclist, Angela Holder, 32, died the next day at Kern Medical Center.

Giumarra pleaded not guilty Monday to a felony hit-and-run charge and two misdemeanor DUI charges. If convicted, he faces up to four years in prison.

Police requested felony DUI charges, but District Attorney Lisa Green said those charges were not filed because Giumarra didn't commit an "independent unlawful act" other than driving while impaired that caused Holder's death.

In 2015, Giumarra pleaded no contest to a "wet and reckless" charge after police found him under the influence in a vehicle parked in the driveway of his home. The charge carries much the same penalties as a DUI.

Giumarra is a member of the family that runs Giumarra Vineyards Corporation, which packs and ships California table grapes and is headquartered just east of Bakersfield.

The next hearing in the case is set for Aug. 16. 
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A lot of locals are up in arms about this because Rummy McDootch comes from a very wealthy and prominent family.  People think he's getting a break because of his status.

(I actually went to HS with this guy...I wasn't shocked at all when I heard about the accident)

 
The statute requires a concurrent unlawful act, like running a red light or failing to yield. Not sure how hit and run wouldn't qualify. He was intixicated when he hit the bicyclist and when he drove away presumably. 

 
Ramsay Hunt Experience said:
The statute requires a concurrent unlawful act, like running a red light or failing to yield. Not sure how hit and run wouldn't qualify. He was intixicated when he hit the bicyclist and when he drove away presumably. 
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He testified that he "thought he hit something."   Maybe they couldn't prove the intent for hit and run.

 
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