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The Lawyer Thread Where We Stop Ruining Other Threads (6 Viewers)
- Thread starter Henry Ford
- Start date
Leeroy Jenkins
Footballguy
Sounds like an awesome area to practice in.I just had a lawyer call me up, tell me I'm being too harsh in my communications and pleadings in a Dependency case with pro se petitioners, and to tone down how much I'm fighting for my client because it is unfair that the petitioners don't have a lawyer. Bear in mind, this is a private dependency case started by the petitioners whereby they're asking the judge to keep my client from his kid and, after a hearing where I was finally able to get the judge to lay out a visitation plan and admonish the Petitioners for limiting my client's contact with the kid, just a week later they send out a mass e-mail letting everyone know that the visitation plan interferes with their "family time" with the kid (note: petitioners are not the parents) and that, instead, they're going to implement their own plan with substantially less visitation.
I should also note this case includes the following:
- a lesbian love triangle
- while not confirmed, a very likely ploy to trick someone into being a sperm donor
- a daughter marrying her stepfather
- a myriad of legal issues spanning against three distinct areas of law
- kids with mullets
Henry Ford
Footballguy
You could have just said "Arizona."I just had a lawyer call me up, tell me I'm being too harsh in my communications and pleadings in a Dependency case with pro se petitioners, and to tone down how much I'm fighting for my client because it is unfair that the petitioners don't have a lawyer. Bear in mind, this is a private dependency case started by the petitioners whereby they're asking the judge to keep my client from his kid and, after a hearing where I was finally able to get the judge to lay out a visitation plan and admonish the Petitioners for limiting my client's contact with the kid, just a week later they send out a mass e-mail letting everyone know that the visitation plan interferes with their "family time" with the kid (note: petitioners are not the parents) and that, instead, they're going to implement their own plan with substantially less visitation.
I should also note this case includes the following:
- a lesbian love triangle
- while not confirmed, a very likely ploy to trick someone into being a sperm donor
- a daughter marrying her stepfather
- a myriad of legal issues spanning against three distinct areas of law
- kids with mullets
Yankee23Fan
Fair Tax!
I just made a frackin' rookie mistake on a simple file that I handle daily. Un****ing believable.
I am just at a loss for this crap. Unreal.
Zow
Footballguy
So I'm about to head out to a conference 5 hours away which lasts through Saturday (full day). The conference is basically on Disneyland property, but will be from 7:30 AM - 6:00 PM everyday with my nights being spent trying not to fall too far behind and preparing for a trial I have next week, so I certainly won't have any free time to enjoy anything around the area.
Yet, with my perspective impacted by my recent office hours, it still feels like I'm headed out to a vacation.
Yet, with my perspective impacted by my recent office hours, it still feels like I'm headed out to a vacation.
Zow
Footballguy
Says the guy from Louisiana.You could have just said "Arizona."I just had a lawyer call me up, tell me I'm being too harsh in my communications and pleadings in a Dependency case with pro se petitioners, and to tone down how much I'm fighting for my client because it is unfair that the petitioners don't have a lawyer. Bear in mind, this is a private dependency case started by the petitioners whereby they're asking the judge to keep my client from his kid and, after a hearing where I was finally able to get the judge to lay out a visitation plan and admonish the Petitioners for limiting my client's contact with the kid, just a week later they send out a mass e-mail letting everyone know that the visitation plan interferes with their "family time" with the kid (note: petitioners are not the parents) and that, instead, they're going to implement their own plan with substantially less visitation.
I should also note this case includes the following:
- a lesbian love triangle
- while not confirmed, a very likely ploy to trick someone into being a sperm donor
- a daughter marrying her stepfather
- a myriad of legal issues spanning against three distinct areas of law
- kids with mullets
As an update on this case to further explain its ridiculousness, I just did something I never thought I'd do: motion for the judge to order CPS get involved.
You 2 need to start a thread for lawyers who don't want to ruin threads for other lawyers.Says the guy from Louisiana.You could have just said "Arizona."I just had a lawyer call me up, tell me I'm being too harsh in my communications and pleadings in a Dependency case with pro se petitioners, and to tone down how much I'm fighting for my client because it is unfair that the petitioners don't have a lawyer. Bear in mind, this is a private dependency case started by the petitioners whereby they're asking the judge to keep my client from his kid and, after a hearing where I was finally able to get the judge to lay out a visitation plan and admonish the Petitioners for limiting my client's contact with the kid, just a week later they send out a mass e-mail letting everyone know that the visitation plan interferes with their "family time" with the kid (note: petitioners are not the parents) and that, instead, they're going to implement their own plan with substantially less visitation.
I should also note this case includes the following:
- a lesbian love triangle
- while not confirmed, a very likely ploy to trick someone into being a sperm donor
- a daughter marrying her stepfather
- a myriad of legal issues spanning against three distinct areas of law
- kids with mullets
As an update on this case to further explain its ridiculousness, I just did something I never thought I'd do: motion for the judge to order CPS get involved.
Henry Ford
Footballguy
Zing! Nice one, counselor!You 2 need to start a thread for lawyers who don't want to ruin threads for other lawyers.Says the guy from Louisiana. As an update on this case to further explain its ridiculousness, I just did something I never thought I'd do: motion for the judge to order CPS get involved.You could have just said "Arizona."I just had a lawyer call me up, tell me I'm being too harsh in my communications and pleadings in a Dependency case with pro se petitioners, and to tone down how much I'm fighting for my client because it is unfair that the petitioners don't have a lawyer. Bear in mind, this is a private dependency case started by the petitioners whereby they're asking the judge to keep my client from his kid and, after a hearing where I was finally able to get the judge to lay out a visitation plan and admonish the Petitioners for limiting my client's contact with the kid, just a week later they send out a mass e-mail letting everyone know that the visitation plan interferes with their "family time" with the kid (note: petitioners are not the parents) and that, instead, they're going to implement their own plan with substantially less visitation.
I should also note this case includes the following:
- a lesbian love triangle
- while not confirmed, a very likely ploy to trick someone into being a sperm donor
- a daughter marrying her stepfather
- a myriad of legal issues spanning against three distinct areas of law
- kids with mullets
Carolina Hustler
Footballguy
Need lawyer advice
We were slapped with a fine, by the HOA, no warning, after the 4th or 5th time in several years that the kids left the trashcans in front of the house over the weekend. I argued that on all other violations we were given notice/warning, and the items were corrected, and that $100 fine for trashcans without the notice that has become customary was unreasonable. So I didn't pay it. They have deactivated our pool key, and now we can't get into the pool, our HOA dues are up to date, and we haven't been late with an HOA fee payment in years. (there was a time when our fees went unpaid because we forgot our quarterly payment, we now pay monthly through online bill pay)
Can they revoke access that we have paid for, for an unrelated incident? They had previously set a precedent that we would receive warning before fines were imposed, and they have no evidence other than ms HOA manager says she saw the cans out.. Do I have a valid argument to contest this with the HOA board?
We were slapped with a fine, by the HOA, no warning, after the 4th or 5th time in several years that the kids left the trashcans in front of the house over the weekend. I argued that on all other violations we were given notice/warning, and the items were corrected, and that $100 fine for trashcans without the notice that has become customary was unreasonable. So I didn't pay it. They have deactivated our pool key, and now we can't get into the pool, our HOA dues are up to date, and we haven't been late with an HOA fee payment in years. (there was a time when our fees went unpaid because we forgot our quarterly payment, we now pay monthly through online bill pay)
Can they revoke access that we have paid for, for an unrelated incident? They had previously set a precedent that we would receive warning before fines were imposed, and they have no evidence other than ms HOA manager says she saw the cans out.. Do I have a valid argument to contest this with the HOA board?
Don Quixote
Footballguy
None of us are going to be able to answer this without reviewing your condo docs.
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Carolina Hustler
Footballguy
Not that it matters, but it's not a condo, we live in a house, in a development with an HOA..
Rather than me scan in the HOA documents, maybe you could tell me what I should be looking for in my HOA docs?
-fish-
Footballguy
-fish-
Footballguy
Notice and opportunity to be heard
Fine schedule
Remedies
Right to suspend common element access
Ditkaless Wonders
Footballguy
I recently had cause to review a general offense report. The matter involved a pair of couples drinking at the home of one of the couples. Wife #1 finally fell out of the game, unable to take her next shot for fear of vomiting. Wife #2 called her a name and threw a drink at wife # 1. the brawl was on. Guns were drawn. Husband #2 left, but in his haste forgot his wife who called him on his cell to pick her up. Before returning Husband #2 thought he ought to call the cops to keep the peace on his return. By the time husband #2 returned, gun displayed out his car window, the cops had already arrived. Husband #2 attempted to park in the exact same physical space as had a cop. Damage naturally occurred. Upon being arrested for multiple charges involving display of a weapon, drunk driving, and others husband #2 made a statement. The statement, followed by invoking his right to remain silent , is, verbatim, as follows:
All I did was have a bit too much to drink
And I picked the wrong precinct
Got picked up by the law
and now I ain't got time to think.
I stared at the statement for a few seconds before it hit me. It's from the song "My Wife" by the Who. I smiled upon the realization.
Ditkaless Wonders
Footballguy
so the lesbians tried to seduce you?I just had a lawyer call me up, tell me I'm being too harsh in my communications and pleadings in a Dependency case with pro se petitioners, and to tone down how much I'm fighting for my client because it is unfair that the petitioners don't have a lawyer. Bear in mind, this is a private dependency case started by the petitioners whereby they're asking the judge to keep my client from his kid and, after a hearing where I was finally able to get the judge to lay out a visitation plan and admonish the Petitioners for limiting my client's contact with the kid, just a week later they send out a mass e-mail letting everyone know that the visitation plan interferes with their "family time" with the kid (note: petitioners are not the parents) and that, instead, they're going to implement their own plan with substantially less visitation.
I should also note this case includes the following:
- a lesbian love triangle
- while not confirmed, a very likely ploy to trick someone into being a sperm donor
- a daughter marrying her stepfather
- a myriad of legal issues spanning against three distinct areas of law
- kids with mullets
Carolina Hustler
Footballguy
-fish-
Footballguy
Statutory authority to suspend rights, but you should be given notice and an opportunity to be heard. Read the statute and your declarations
southeastjerome
Footballguy
Looking for opinions and/or suggestions...
I live in a residential neighborhood in a small MA town. It is a newer development (built between 2000 and 2004). Near the entrance of the development sits a property that is zoned 3-b for business use. It is owned by a fence company which consists of one employee. It is set back, so all you can really see is the driveway of this place and it is surrounded by trees. You hardly notice it and you do not hear any noise coming from this place, ever. It has been there for over 20 years. Now they are looking to sell the property and the new person wants to open an auto repair shop there. There was a public hearing on this last night in which many in the neighborhood, myself included, voiced their displeasure with this. Town Selectman will be conducting a site visit on the property next week. What I want to know is what is my best route to stop this from happening. The main concerns I have with this are:
1.) This neighborhood is chock full of young families, thus young kids. You would not believe how many kids at any one time are out playing in the neighborhood streets. Introducing more traffic, especially if it is people who are not familiar with the neighborhood, could create hazards with all these kids running around. Its worth noting here that the person looking to open the repair shop said it is for his used car dealership and will only be repairs on cars purchased and/or warranty repairs and that he personally will be driving all the cars over. It will not be a shop for the general public.
2.) The amount of noise coming from the repair shop. It will be open Mon-Fri 7-5 and Sat 9-1. I don't want to have auto repair noises and smells coming into my neighborhood when I am trying to relax on my back deck. I know the area in question is zoned for business, but the neighborhood came in after it was zoned for business and the way it stands now, it is ridiculous to have this kind of operation in this setting.
3.) Overall traffic in and out of the neighborhood. The property in question has a street address of a main street that is just off of our neighborhood. The problem is, there is no direct access from the main street to the business. So they have to venture through the neighborhood to get to it.
4.) Its going to hurt the property value of everyone in the neighborhood, especially for those whose property directly abuts the business in question.
Is there anything that I can do or say or argue? I went to the meeting last night and there were another 7 or so people who voiced their displeasure. I know the property is zoned for business, but the type of business that has operated the past 25 years has been invisible to the neighborhood with no outside cars, no trucks coming in and out, no noise or smell. The change in the type of business certainly has an effect. If anyone has any questions, let me know. I appreciate the input.
I live in a residential neighborhood in a small MA town. It is a newer development (built between 2000 and 2004). Near the entrance of the development sits a property that is zoned 3-b for business use. It is owned by a fence company which consists of one employee. It is set back, so all you can really see is the driveway of this place and it is surrounded by trees. You hardly notice it and you do not hear any noise coming from this place, ever. It has been there for over 20 years. Now they are looking to sell the property and the new person wants to open an auto repair shop there. There was a public hearing on this last night in which many in the neighborhood, myself included, voiced their displeasure with this. Town Selectman will be conducting a site visit on the property next week. What I want to know is what is my best route to stop this from happening. The main concerns I have with this are:
1.) This neighborhood is chock full of young families, thus young kids. You would not believe how many kids at any one time are out playing in the neighborhood streets. Introducing more traffic, especially if it is people who are not familiar with the neighborhood, could create hazards with all these kids running around. Its worth noting here that the person looking to open the repair shop said it is for his used car dealership and will only be repairs on cars purchased and/or warranty repairs and that he personally will be driving all the cars over. It will not be a shop for the general public.
2.) The amount of noise coming from the repair shop. It will be open Mon-Fri 7-5 and Sat 9-1. I don't want to have auto repair noises and smells coming into my neighborhood when I am trying to relax on my back deck. I know the area in question is zoned for business, but the neighborhood came in after it was zoned for business and the way it stands now, it is ridiculous to have this kind of operation in this setting.
3.) Overall traffic in and out of the neighborhood. The property in question has a street address of a main street that is just off of our neighborhood. The problem is, there is no direct access from the main street to the business. So they have to venture through the neighborhood to get to it.
4.) Its going to hurt the property value of everyone in the neighborhood, especially for those whose property directly abuts the business in question.
Is there anything that I can do or say or argue? I went to the meeting last night and there were another 7 or so people who voiced their displeasure. I know the property is zoned for business, but the type of business that has operated the past 25 years has been invisible to the neighborhood with no outside cars, no trucks coming in and out, no noise or smell. The change in the type of business certainly has an effect. If anyone has any questions, let me know. I appreciate the input.
Ditkaless Wonders
Footballguy
Is an auto use a use as of right in a 3-b zone, or a conditional use? If they had a hearing I presume it must be because this is a conditional use. As such there is usually an option to reject the use if sufficient conditions cannot be structured such that the neighboring uses are compatible. Generally Councils will not reject a conditional use application out of hand. Generally they will look for reasonable conditions to impose on the use which will abate any potential conflicts. Generally Applicants must accept those conditions to have the use approved. You should have had your list of conditions ready to present at the hearing. Sounds like access points to the business wee high on the list, as were hours of repair operations. Usually decisions of legislative bodies are not subject to being overturned if there is any support for them in the record. Reviewing courts do not look at the reasonableness of the decision in light of their judgment. Reviewing courts do not look at the subject matter afresh (de novo). They simply rely on a presumption of legislative and governmental propriety if there is any support, at all, in the record.
That said, elected officials desirous of re-election will not want to piss off large blocks of potential voters. Turn out at hearings is essential,
That said, elected officials desirous of re-election will not want to piss off large blocks of potential voters. Turn out at hearings is essential,
southeastjerome
Footballguy
Thanks for your thoughts. Auto repair is conditional. It requires a special permit by the board of selectman. That was the hearing last night at the town meeting. My fear is that they see the current business as a waste because it doesn't bring in much for sales. They did $0 last year according to the BBB. So I'm sure the town sees it as a tax revenue opportunity. The town lawyer was there and he kept harping back on the fact that it is zoned for business. I feel the best argument we have is that it should not be zoned for business in the first place. There is no direct access from the main street despite the fact the address for the "business" is on the main street. You literally have to enter our neighborhood to get there. The zoning map also shows streets that are not there. And upon closer inspection, some of the condos are in that same zone. So theoretically someone who lives in a condo could open a funeral home or restaurant, since it is permitted under 3-B. That's obviously the tough argument because the zones are what they are and it might be too late for this case to appeal the zoning itself.
I guess my question to you is, what would you do if you were in my shoes? What is my best argument, what approach should I take?
Henry Ford
Footballguy
Sit outside a similar auto repair shop and make an audio recording. Email said audio recording to the board explaining that none of the voters who live near there will ever forget how they vote on this issue.
Henry Ford
Footballguy
southeastjerome
Footballguy
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southeastjerome
Footballguy
Sorry, I didn't know where to put my question/request for advice. I didn't think it merited starting a new thread. When I read some of this thread, I saw others posting looking for input with good responses from the lawyer-folk. Apologies if I peed on your rug.
Henry Ford
Footballguy
I didn't get upset by it. Krista, on the other hand, is probably going to file for a TRO.
krista4
Footballguy
Yankee23Fan
Fair Tax!
I do alot of land use. ... get a lawyer. In fact if your neighbors are on the same page so it all together
Ditkaless Wonders
Footballguy
It sounds to me like argument may be moot at this point. What you are describing to me is that your town Selectmen had their hearing. Generally there is only one. Generally there is no official way to supplement that record. Has a decision been made already? Does your town Charter spell out an appeal process? Often planning decisions are made by a Planning Committee or a subcommittee of the full Council. The subcommittee makes a recommendation for ratification or consideration by the entire Council. If that is the case look up the process to be heard at the next town meeting, and be heard in force. Also, though there are no methods to supplement the record while off the record, my experience is that Councilmembers (selectmen in your case) can be taken to lunch. This does not supplement the record, but can change how one views the existing record if there is yet to be a vote. Statements of general support are not actionable, but crass implications of a quid pro quo or punitive electioneering are to be strictly avoided. Lobbying is a gentle and very indirect art form that never raises the possibility of awkward futures.
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southeastjerome
Footballguy
It was continued pending a site visit. The Selectman are coming to visit the site and neighborhood on Tuesday. Public is welcome. I am definitely going to that, just not sure what else I could say/argue at that point.
NCCommish
Footballguy
OMG, she's had so much work done it's hard to tell what's not fake. Her eyeballs maybe. GB Playboy airbrushing.
NCCommish
Footballguy
DocGonzo
Footballguy
Anyone here practice criminal defense in Dekalb County, Missouri or know anyone who does? I've got a small-time weed case that may need to be handled there and before I start cold-calling lawyers in the area I thought I might check in here. Defendant is my cousin's son. Yada yada yada, charged with two Class A misdemeanors related to a small amount of MJ and an infraction for failing to display license plates.
I was going to call the prosecutor myself and see what they're looking to do, but I'd like to know first whether Missouri is one of those states that treat MJ like heroin, one of those states that treat it like alcohol, or something in between.
I was going to call the prosecutor myself and see what they're looking to do, but I'd like to know first whether Missouri is one of those states that treat MJ like heroin, one of those states that treat it like alcohol, or something in between.
Dan Lambskin
Footballguy
Found a park sign commentating Sherwood v Walker today...interesting case
Ned Ryerson
Footballguy
As I wrote earlier in the thread I am a trademark lawyer. I received the following letter from a client (details have been changed, yada, yada)-
Dear Ned,
I filed an application for the mark ACME, it was rejected. What would you think your chances of overcoming the rejection would be and why. Here is our client's website for you to consider in giving an opinion. What would the cost be if you were to file an actual response overcoming the rejection?
I write back-
Dear client,
I think your chances would be sucky for the following reasons;
a
b
c
d
e
If I were to respond the cost would be $X.
Client writes back-
Dear Ned-
I think we are not going to proceed with having you respond, thanks.
What say the group- Billable or general client "freebie"
Dear Ned,
I filed an application for the mark ACME, it was rejected. What would you think your chances of overcoming the rejection would be and why. Here is our client's website for you to consider in giving an opinion. What would the cost be if you were to file an actual response overcoming the rejection?
I write back-
Dear client,
I think your chances would be sucky for the following reasons;
a
b
c
d
e
If I were to respond the cost would be $X.
Client writes back-
Dear Ned-
I think we are not going to proceed with having you respond, thanks.
What say the group- Billable or general client "freebie"
Henry Ford
Footballguy
Do you regularly do initial consults like this for free, or do you charge someone for initial research? As a plaintiff's attorney, I'd never send a bill for something like this, but I know that's just a plaintiff's thing.
Todd Andrews
Footballguy
NCCommish
Footballguy
Todd Andrews
Footballguy
NCCommish
Footballguy
Henry Ford
Footballguy
I am on the verge of losing my mind and butchering my expert in an elaborate and Hannibal-like manner. Is that a bad sign?
NCCommish
Footballguy
Zow
Footballguy
I'm literally in a CLE on PTSD and how it creates secondary trauma for our profession. They're getting into recommendations for dealing with it now. Will report back.
Henry Ford
Footballguy
Murder averted. Everyone stand down.
Henry Ford
Footballguy
One of the two reasons I haven't murdered the expert is that the expert is a woman, and I know I'd end up being broadcast on twitter immediately.
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