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This is a good one.

As part of my IP practice, I deal with lawyers from other jurisdictions as my clients.

Basically, if my clients have work they want done in other countries that I can't do, I call them, and vice versa.

There is one associate from Austria that I work with who has probably given me 20X the volume of work incoming that I have given him that is outgoing, so I somewhat "owe him".

He calls me earlier today to say that he has a friend who is vising NYC from Austria, where he is from, and has a special gift he would like to send him. He does not trust that the hotel will get it to him in a safe manner, and wishes to send it to me, to bring to him.

I do not live or work in NYC (I work and live about an hour away)

Not an insane request, and could use it as an excuse to get out with my wife in Manhattan. How would one respond to something like this?

"You're paying for gas and any other expenditures, right?"

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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

This is a good one.

As part of my IP practice, I deal with lawyers from other jurisdictions as my clients.

Basically, if my clients have work they want done in other countries that I can't do, I call them, and vice versa.

There is one associate from Austria that I work with who has probably given me 20X the volume of work incoming that I have given him that is outgoing, so I somewhat "owe him".

He calls me earlier today to say that he has a friend who is vising NYC from Austria, where he is from, and has a special gift he would like to send him. He does not trust that the hotel will get it to him in a safe manner, and wishes to send it to me, to bring to him.

I do not live or work in NYC (I work and live about an hour away)

Not an insane request, and could use it as an excuse to get out with my wife in Manhattan. How would one respond to something like this?

Sounds like you do owe him one and you could turn it into a little fun. I'd do it.

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So, personal injury guys. Slip and fall cases. My victim has a case that looks like is falls somewhere in the jury award and settlement range in the area of anywhere from 40,000 to 750,000.

Do these usually fall on the bottom end or top end? No loss of job, significant injuries requiring surgery. Loss of consortium can be proven beyond a reasonable doubt (though that is not clearly the standard necessary).

Get the surgery first. That'll push it higher. Other than that, it's about showing the jury that the defense needlessly endangered the public by [whatever] and that it could have done the same thing to them, their parents, their kids, etc.

If you can do that, it can get high. Otherwise, slip and falls don't get taken very seriously in many jurisdictions.

Henry-

In the other thread....where i was killed...I felt like I was in a tough spot. I was acting as a parent, but also as my family's lawyer as a "zealous advocate".

I had an incident where i was unsure what happened, we asked for an accident report and were denied, so I really did not know what happened.

My instinct as a lawyer where I was unsure about liability was to approach from a settlement stance.

Was that so crazy?

My instinct is to determine liability before beginning settlement negotiations. That's because you cannot zealously advocate without understanding what the case is about.

Honestly, the threat of litigation to obtain the accident/incident report is where I would have gone. You're not entitled to money unless they're liable, but you, as a parent, are entitled to answers as to what happened. Then you try to determine who's at fault.

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So, personal injury guys. Slip and fall cases. My victim has a case that looks like is falls somewhere in the jury award and settlement range in the area of anywhere from 40,000 to 750,000.

Do these usually fall on the bottom end or top end? No loss of job, significant injuries requiring surgery. Loss of consortium can be proven beyond a reasonable doubt (though that is not clearly the standard necessary).

Get the surgery first. That'll push it higher. Other than that, it's about showing the jury that the defense needlessly endangered the public by [whatever] and that it could have done the same thing to them, their parents, their kids, etc.

If you can do that, it can get high. Otherwise, slip and falls don't get taken very seriously in many jurisdictions.

Henry-

In the other thread....where i was killed...I felt like I was in a tough spot. I was acting as a parent, but also as my family's lawyer as a "zealous advocate".

I had an incident where i was unsure what happened, we asked for an accident report and were denied, so I really did not know what happened.

My instinct as a lawyer where I was unsure about liability was to approach from a settlement stance.

Was that so crazy?

My instinct is to determine liability before beginning settlement negotiations. That's because you cannot zealously advocate without understanding what the case is about.

Honestly, the threat of litigation to obtain the accident/incident report is where I would have gone. You're not entitled to money unless they're liable, but you, as a parent, are entitled to answers as to what happened. Then you try to determine who's at fault.

Tough spot...I was trying not to threaten, and wasn't sure how to do it.

Call him up and say, tell me in your words exactly what happened? Once again, if he was my client, I would probably say, "don't respond".

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This is a good one.

As part of my IP practice, I deal with lawyers from other jurisdictions as my clients.

Basically, if my clients have work they want done in other countries that I can't do, I call them, and vice versa.

There is one associate from Austria that I work with who has probably given me 20X the volume of work incoming that I have given him that is outgoing, so I somewhat "owe him".

He calls me earlier today to say that he has a friend who is vising NYC from Austria, where he is from, and has a special gift he would like to send him. He does not trust that the hotel will get it to him in a safe manner, and wishes to send it to me, to bring to him.

I do not live or work in NYC (I work and live about an hour away)

Not an insane request, and could use it as an excuse to get out with my wife in Manhattan. How would one respond to something like this?

"You're paying for gas and any other expenditures, right?"

Yeah...I probably wouldn't go down that road...seems a bit of "nickel and diming" considering the work imbalance.

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So, personal injury guys. Slip and fall cases. My victim has a case that looks like is falls somewhere in the jury award and settlement range in the area of anywhere from 40,000 to 750,000.

Do these usually fall on the bottom end or top end? No loss of job, significant injuries requiring surgery. Loss of consortium can be proven beyond a reasonable doubt (though that is not clearly the standard necessary).

Get the surgery first. That'll push it higher. Other than that, it's about showing the jury that the defense needlessly endangered the public by [whatever] and that it could have done the same thing to them, their parents, their kids, etc.

If you can do that, it can get high. Otherwise, slip and falls don't get taken very seriously in many jurisdictions.

Henry-

In the other thread....where i was killed...I felt like I was in a tough spot. I was acting as a parent, but also as my family's lawyer as a "zealous advocate".

I had an incident where i was unsure what happened, we asked for an accident report and were denied, so I really did not know what happened.

My instinct as a lawyer where I was unsure about liability was to approach from a settlement stance.

Was that so crazy?

My instinct is to determine liability before beginning settlement negotiations. That's because you cannot zealously advocate without understanding what the case is about.

Honestly, the threat of litigation to obtain the accident/incident report is where I would have gone. You're not entitled to money unless they're liable, but you, as a parent, are entitled to answers as to what happened. Then you try to determine who's at fault.

Tough spot...I was trying not to threaten, and wasn't sure how to do it.

Call him up and say, tell me in your words exactly what happened? Once again, if he was my client, I would probably say, "don't respond".

There should be a written report, and a record of what happened. I would call him up and say "look, I'm just trying to wrap my head around how my kid almost got killed. I want a meeting with the administration of the camp, and I want to read your accident/incident report about this. Either you can do those things, or I can't trust your camp to take care of my kid. If I can't trust your camp to take care of my kid, we no longer have an ongoing business relationship I'm worried about messing up. So I guess I either need to talk to you/your administration and get your accident/incident reports, or I need the names of your insurance company and/or your lawyer."

The problem is having no information and deciding to try to get something out of them, including maybe a discount on next year's camp. Either you're concerned they are the sort of people who will get your kid killed, or you're not. If you are, go after them and for God's sake don't send your kid back. If you aren't, leave them alone. But you can't determine that until you find out what happened that day.

Edited by Henry Ford
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Client wants to retain attorney for family court matter. Client wants to use every nuclear option against former spouse in the motion and bludgeon them to the point of suicide feeling like a better alternative to the former spouse. Ok, says attorney. Well, let's look at how we will do that.

Initially, once you retain me I need to subpoena these 3 banks for documents. I am also going to hire a forensic accountant to look into his business and those records once we get that specific answer to the subpoena - that is if we get that answer. I would anticipate at least one motion to quash, so we will deal with most likely one motion hearing at least before the main motion hearing. Once we win that preliminary motion and get the docs, the forensic accountant will take a few weeks to look into everything and come up with the report we need. I'll need you to get the medical records that you say exist and we will have to retain the doctor to be ready to testify at the hearing if I can get it to become a plenary hearing.

Client is extremely happy with this gameplan. Client feels that this is the proper way to attack the entire thing and wants blood. Client is ready to sign up. Attorney says that a retainer agreement will be prepared so that the firm can get started and the initial retainer will be 10,000.00. Client looks confused. Client asks why it is so much and that she heard that a motion is usually about 3,000 for something simple. Attorney is confused. Simple is not the use of two experts, the subpoena of three banks, at least one preliminary hearing prior to the main one and then a plenary testimonial hearing instead of a regular old motion hearing. Client is still confused. Attorney asks if client understands that the subpoena's cost money. Client is confused. Attorney informs client that you have to pay the bank for the copying fee for what they are going to give you.

Client seems to grasp this and then asks if the 10,000 retainer would be used to pay the accountant and doctor. Attorney laughs. No, you would pay them separately and up front. The accountant will need 10,000 and the doctor will probably take 7,000 - and then you have to pay them for the testimony time if it gets that far. Above the legal retainer. Client tilts head and says that that means this is going to cost at least 30,000? Attorney nods head - that is the nuclear take no prisoners option, yes.

Client thinks for a minute and then asks - what if I just agree to everything in the motion that was filed? Attorney tells client then in that case you don't need attorney. Client agrees and thanks attorney for his time.

:wall:

I'm surprised she didn't ask you if you'd take it on contingency.
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In a maintenance room in a parking garage reading through 40 years of dusty corporate records.

My last spousal support payment is Friday after 6 years. Over finally, right? She's getting remarried and moving on? No, she's going back to court to try to get full custody because she "doesn't like my single lifestyle" even though she voluntarily gave up custody for six months earlier this year and I now have her 60/40.

Yuck. Does your jurisdiction allow you to push for attorney's fees (assuming you're represented) if she is unsuccessful?

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In a maintenance room in a parking garage reading through 40 years of dusty corporate records.

My last spousal support payment is Friday after 6 years. Over finally, right? She's getting remarried and moving on? No, she's going back to court to try to get full custody because she "doesn't like my single lifestyle" even though she voluntarily gave up custody for six months earlier this year and I now have her 60/40.

Yuck. Does your jurisdiction allow you to push for attorney's fees (assuming you're represented) if she is unsuccessful?

nobody ever gets them. I also live in the most corrupt county in Washington, and the family court system here is an abomination. If we really fight this out, there could be any result from me getting full custody to me losing my kid entirely. Both unlikely, but in this particular county strange things happen. The most likely result is that we'll blow through another $50K and end up at 50/50.

Edited by -fish-
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In a maintenance room in a parking garage reading through 40 years of dusty corporate records.

My last spousal support payment is Friday after 6 years. Over finally, right? She's getting remarried and moving on? No, she's going back to court to try to get full custody because she "doesn't like my single lifestyle" even though she voluntarily gave up custody for six months earlier this year and I now have her 60/40.

Yuck. Does your jurisdiction allow you to push for attorney's fees (assuming you're represented) if she is unsuccessful?

nobody ever gets them. I also live in the most corrupt county in Washington, and the family court system here is an abomination. If we really fight this out, there could be any result from me getting full custody to me losing my kid entirely. Both unlikely, but in this particular county strange things happen. The most likely result is that we'll blow through another $50K and end up at 50/50.

That sucks. Good luck.

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Question for FBG lawyers. I got pulled over in Battle Mountain, NV for speeding. The ticket includes the following language:

I, the undersigned, do hereby waive my right to appear in court and request of the court that my posted bail be forfeited in lieu of a fine. I understand that since it is not the payment of a fine, the court reserves the right to order my appearance in court if the circumstances so require.

The proposed payment is broken down as follows:

Bail $70 Admin: $55 Sp CT Fee: $7 Court Facility: $13 Total: $145

All I care about is not getting points on my IL license. From the above, it sounds like if I pay the fee, I am not being fined for an offense and it won't be communicated to Illinois. Am I off base?

Got it knocked down to non moving. The total payment goes from 145 to $235.\

She said, I don't normally give a non moving when the speed is over 90, but since I've already written it down, I will do it. I felt dirty. :lol:

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How many times would someone have to fail the bar for you to just assume it's over for him and he wasted his time going to law school?

Is he open to moving? I've seen people fail tough bar exams like CA's 3 times then pass another state on the first try.

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How many times would someone have to fail the bar for you to just assume it's over for him and he wasted his time going to law school?

3

Awaiting this guy's third attempt results.

I hated the bar exam. In fact the whole idea of law school was just stupid and unnecessary. So I feel his pain. I would do away with the whole thing.

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You guys hear that exam soft had a glitch and hundreds of Wednesday's test taker's essays didn't upload? I'm sure they didn't stress out at all for the mbe.

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You guys hear that exam soft had a glitch and hundreds of Wednesday's test taker's essays didn't upload? I'm sure they didn't stress out at all for the mbe.

That happened to me once in finals. It was an on-line class with Rutgers and Cornell. Loved the online class. The discussions on the boards were fun the professors was pretty entertaining and the videos that we had to watch as lecture material weren't god-awful (just awfulish). So finals rolls around. Essay format. Massive test. I had to take 2 days off a work to sit in front of a computer and put this thing together. First day I lay out everything I need as is my manner of briefing and writing and get it all organized and ready to go and then do a rough outline to condense my thoughts. All in word because once you accessed the online system to write you were clocked and had a certain amount of time to hit the send button. So I'm smart - I do a ton of work before I clock in to save myself the under the gun feeling.

Next day I'm ready to go - except for the 103 fever I woke up with. Felt like crap. Logged into the site to get going while in a daze and started but ended up falling asleep for awhile. Woke up and got almost everything done and feel asleep again. Wake up with about 30 minutes left to send. So I finish it up at that point too tired to care about a perfect ending. I save everything in word "just in case" and then go to hit upload and my computer just broke. Like made a breaking sound, wizzed its last computer sounding wizz, said see you guys I'm going home and died. I lost it. Couldn't get it to turn back on. Just dead. I was freaking out. With about a minute to go before the deadline I finally got the thing to boot up - turned out some virus finally caught up with it - and I managed to print the word version of the paper and I emailed it to the professor - which wasn't allowed - and the dean of the department - which wasn't allowed - and said it was a backup because of what happened. Tried to upload the test again and I was out of time.

Days of phone calls and begging and pleading with the guy in Cornell and the Dean at Rutgers they let me slide and docked me a full grade for submitting the test outside of the rules. Did not make Dean's List that semester because of that grade.

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I am having a dispute with my College, do I have any sort of case? Below is what I e-mailed to the CEO of the College after getting nowhere with his underlings.
-
Hello Mr. Cummins,
I assume you to be a very busy man so I will keep this brief. I am very dissatisfied with the service I have received from Baker College.
1.) My 1st grievance comes from a Composition 1 course I recently completed. Nowhere in the syllabus does it state that a "C" is required to count the grade towards my degree.
Not only is it not mentioned in the syllabus but my Academic Advisor (Tammy Carr) also failed to mention that point to me.
So it was quite frustrating to see that $800+ dollars of mine went down the drain when I passed the class with a 69.5%. It was only when I was attempting to register for my Fall Courses that my academic advisor informed me that I technically "did not" pass the class by Baker College standards.
2.) There is an inconsistency within your instructors and the way that they grade assignments. For instance, I have had plenty of advisors accept late work particularly during the 1st week of courses as there's often miscommunications during that 1st week.
Dennis Barton did not allow me to turn an assignment in during my 1st Week of Composition due to it being tardy.
While I understand that the syllabus clearly states no late work is to be accepted when the majority of professors allow work to be submitted late the 1st week of courses, it's discomforting.
Especially when even being given partial credit would have allowed you to pass that course with a C. A 'C' mind you, that neither the syllabus nor your academic advisor informed you that you needed to achieve in order to complete this course.
3.) It has also come to my attention that after all of this had transpired that there is actually an "opt out" test for the Composition 1 course. Meaning that, if you place well enough in the test that you can forego the Composition 1 course altogether.
Again, similar to needing a "C" to pass the course this information was not supplied to me by my academic advisor.
But that's not the worst part. The worst part is that now that I have "unsuccessfully" completed the course by a half point (0.5) a mark that I wasn't informed I needed to reach to pass the class, that I am now INELIGIBLE to take this "opt out" test completely.
Your faculty has informed me that I need to spend another $800 to retake the class and that that is my only option at this time.
4.) There were amply opportunities to avoid this situation. As of July 4th, 2014 I had received only 54 out of 130 points available. I was greatly concerned with this because sitting at an 'F' after the 1st week of a course is something you'd obviously like to avoid. I did the Math and determined that:


If I didn't miss a single point, the best grade I could get is a 91%.
If I average 90% throughout the way, I'll end with an 82%.
If I average a 80% throughout the way, I'll end with a 74%.
If I average a 70% throughout the way, I'll end with a 65%.
If I average a 60% throughout the way, I'll end with a 57%.
It was obvious that I was working at an extreme handicap and if possible, I would like to apply for a full refund. So on July 4th, 2014 I contacted my academic advisor Tammy Carr through both phone call and e-mail (leaving a voicemail):
"I'm not having the greatest time in my current English course, this guy grades us way too harshly. I don't even know if I can pass this class at this rate.
If I drop now, can I receive a full refund?"
She replied via e-mail FOUR DAYS LATER that since I did not withdraw before the 1st week that I could only receive a 50% refund. But only if I withdrew before the 2nd week. To be clear of the timeframe here:
July 2nd: The last day to get a 100% refund.
July 4th: I inquire to Tammy Carr about dropping.
July 8th: I receive a response from Tammy Carr.
July 9th: The last day to get a 50% refund.
By the time my academic advisor had responded to my inquiry that I was both struggling in my class and considering dropping, I only had 1 day to decide if I wanted to drop the class or not.
Brushing up on previous points, had I known that:
A.) I needed a 70% to pass the class.
B.) There was an opt-out test for the class.
I may have made a different decision about sticking through with the class. But given the 24 hour timeframe I was under and the lack of information available I was not allowed to make an informed decision and decided to stick through with the class.
1st Week: 54 / 130 points received (41.5%)
Final 5 Weeks: 641 / 870 points received (73.6%)
If you were to throw away the 1st Week of that course or even give partial credit for the assignment that I was tardy on, I would have passed the class with a 'C' and all of this would be a non-issue.
If I had the pre-existing knowledge that finishing the class with a 73.6% average from that point on would cause me to fail the class, I would have taken the 50% tuition reimbursement on the spot and have taken the "opt out" test.
There's no question about it. I was getting an 'F' after the first week and my academic advisor was less than helpful in informing me of my alternates; let alone even understanding how much the deck was stacked against me from that point forward.
5.) I question the integrity of the Professor Dennis Barton. Most teachers are humane and willing to help or look the other way when it comes to a late assignment during the first. But not Dennis Barton. In fact, it seemed like Dennis Barton would take pleasure in docking points off your grade.
I wouldn't make lewd accusations like this if I couldn't back them up:
The above is a link to a website where students rate their teachers. It's a rather archaic measurement but I am certain there is some merit to it.
Review 1:
"Awful! Unhelpful, condescending. Refused request with "Don't make me the bad guy by having to refuse your request." Only communicates via private discussion but took 1 week of 6 wk class to set up link & only after I twice pointed out the link was there. Unclear directions & refuses to clarify. Avoid this instructor!Awful."
Review 2:
"Worst teacher ever! Not clear, and will not help you! He get's frustrated when you make a post. You are NEVER right and it NEVER good enough! I have always received an A in all of my English classes and he gave me zero's on my papers! I have NEVER received a 0 before, EVER! You NEED to switch this class! Do not hesitate!"
Review 3:
"This is the worst teacher I have ever taken! Do not take him! He is not clear and is very vague on everything.Gives you 0's even if you did the paper fully and answered every question. Then if you asked for help he will NOT help you just repeat the directions or will tell you to reread it. Get's frustrated with the class on posts! AWFUL TEACHER! !!"
Review 4:
"This professor is one of the worst I have ever seen. He does not make it clear what he wants and even when you fix things he still isn't happy. He is very contradictory in what he wants and does not answer questions he just restates things he has already said and does not explain them. DO NOT TAKE THIS PROFESSOR!"
Review 5:
"This guy is not a good teacher. He is not clear about what he wants from his students in his assignments or specific enough in how to do them. He is not helpful when asking questions. He talks as if he is above everyone else. I wish I hadn't had to take this class right away.I was looking forward to it, but not now after having him for my professor"
Now, one could argue that people only go to that website to post their negative interactions with teachers but that is simply not the case. As the average professor from Baker College has a rating of 3.56. Dennis Barton has a 1.1

http://www.ratemyprofessors.com/SelectTeacher.jsp?the_dept=English&orderby=TLName&sid=74


Average Professor from Baker College's Rating: 3.56
Professor Dennis Barton's Rating: 1.1
But wait, there's more! The following reviews date back to 2009.
Review 6:
"Nothing is ever good enough for him, I really wished I'd taken a different course."

Review 7:
"
He contradicts himself! He will give instructions for an assignment and then deduct points for just following the directions. (ie: "Summary should not contain minor details" but his notes on your paper ask for specifics) Your ENGLISH instructor shouldn't make as many grammar errors as I've caught him making so far. Doesn't communicate very clearly."


Review 8:
"
avoid at all costs. He does not reply to questions and is not helpful at all. He is arrogant and continuallu claims to be a professional writer but does not create a classroom enviornment that is in any way condusive to learning. Definitely find another professor"

...but wait, there's more! On another website, both from 2014:

http://www.ratemyteachers.com/dennis-barton/3442124-t

Review 9:
"Professors like this make me hate learning"

Review 10:
"This guy clearly became a teacher because he wanted a way to bully people and get paid for it. He is extremely unclear in his instructions, unclear when you ask questions, and then docks you points when you don't understand. Don't take his classes!"

There are 10 negative reviews of this teacher and 5 of them (50%) were posted in the year 2014! This excludes the negative review that I am sure to write about him as well. While this surely isn't the FINAL WORD on the situation, where this is smoke there is fire. Especially when you consider how poorly he scores compared to his peers. Had I known there were this many red flags, I would have dropped the class in an instant and taken the test!

I know that students review their teachers after their classes. Is there data available to suggest that Dennis Barton receives less than favorable reviews from data available at Baker? I'd like to see this data because I think it would suggest that I was given the short end of the stick from him.

-

In conclusion, I feel as if my Academic Career was not nurtured with the level of respect and care that I expected when I forked over $3,600 out of pocket to pay for this Summer Session. I feel as if I was informed about specific pieces of information, the outcome of all of this would have changed drastically.

Besides this experience, I have been very happy with the quality product that Baker has given me.

But to think that Baker College is now telling me:

1.) I will not receive credit for my 69.5% D+. Even though the syllabus says nothing about needing a minimum of a C to count for credit.

2.) I will not be able to take the "opt out" test because I have already failed to complete the class once.

3.) I will have to retake Composition 1 and shell out $800 out of pocket to do so.

Is absolutely maddening! This maddening feeling is compounded by the fact that:

1.) I was given a 24 hour notice. To make my decision to withdraw for a 50% tuition reimbursement.

2.) I was not informed that if I did withdraw, I would have the option to take the 'opt out' test for this specific course.

3.) I was snubbed by a half point from a Professor who has a notoriously poor reputation compared to his peers.

-

I was on pace to graduate with Baker College in March of 2015 but now that is severely jeopardized for a medley of reasons: academically, personally, and financially.

I would appreciate a phone call to discuss the matter directly with you, as my current Academic Advisor Tammy Carr will not return my phone calls.

Thank you for reading,

My Name

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Is anyone here an ATT Uverse customer? I'm reviewing my bills, and something strange showed up. I'd like to see if this "accidental charge" has hit a bunch of other people as well.

I have ATT internet service but switched a couple months ago to Direct TV for the tube. What should I be looking for?

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I am having a dispute with my College, do I have any sort of case? Below is what I e-mailed to the CEO of the College after getting nowhere with his underlings.

-

Hello Mr. Cummins,

I assume you to be a very busy man so I will keep this brief. I am very dissatisfied with the service I have received from Baker College.

1.) My 1st grievance comes from a Composition 1 course I recently completed. Nowhere in the syllabus does it state that a "C" is required to count the grade towards my degree.

Not only is it not mentioned in the syllabus but my Academic Advisor (Tammy Carr) also failed to mention that point to me.

So it was quite frustrating to see that $800+ dollars of mine went down the drain when I passed the class with a 69.5%. It was only when I was attempting to register for my Fall Courses that my academic advisor informed me that I technically "did not" pass the class by Baker College standards.

2.) There is an inconsistency within your instructors and the way that they grade assignments. For instance, I have had plenty of advisors accept late work particularly during the 1st week of courses as there's often miscommunications during that 1st week.

Dennis Barton did not allow me to turn an assignment in during my 1st Week of Composition due to it being tardy.

While I understand that the syllabus clearly states no late work is to be accepted when the majority of professors allow work to be submitted late the 1st week of courses, it's discomforting.

Especially when even being given partial credit would have allowed you to pass that course with a C. A 'C' mind you, that neither the syllabus nor your academic advisor informed you that you needed to achieve in order to complete this course.

3.) It has also come to my attention that after all of this had transpired that there is actually an "opt out" test for the Composition 1 course. Meaning that, if you place well enough in the test that you can forego the Composition 1 course altogether.

Again, similar to needing a "C" to pass the course this information was not supplied to me by my academic advisor.

But that's not the worst part. The worst part is that now that I have "unsuccessfully" completed the course by a half point (0.5) a mark that I wasn't informed I needed to reach to pass the class, that I am now INELIGIBLE to take this "opt out" test completely.

Your faculty has informed me that I need to spend another $800 to retake the class and that that is my only option at this time.

4.) There were amply opportunities to avoid this situation. As of July 4th, 2014 I had received only 54 out of 130 points available. I was greatly concerned with this because sitting at an 'F' after the 1st week of a course is something you'd obviously like to avoid. I did the Math and determined that:

If I didn't miss a single point, the best grade I could get is a 91%.

If I average 90% throughout the way, I'll end with an 82%.

If I average a 80% throughout the way, I'll end with a 74%.

If I average a 70% throughout the way, I'll end with a 65%.

If I average a 60% throughout the way, I'll end with a 57%.

It was obvious that I was working at an extreme handicap and if possible, I would like to apply for a full refund. So on July 4th, 2014 I contacted my academic advisor Tammy Carr through both phone call and e-mail (leaving a voicemail):

"I'm not having the greatest time in my current English course, this guy grades us way too harshly. I don't even know if I can pass this class at this rate.

If I drop now, can I receive a full refund?"

She replied via e-mail FOUR DAYS LATER that since I did not withdraw before the 1st week that I could only receive a 50% refund. But only if I withdrew before the 2nd week. To be clear of the timeframe here:

July 2nd: The last day to get a 100% refund.

July 4th: I inquire to Tammy Carr about dropping.

July 8th: I receive a response from Tammy Carr.

July 9th: The last day to get a 50% refund.

By the time my academic advisor had responded to my inquiry that I was both struggling in my class and considering dropping, I only had 1 day to decide if I wanted to drop the class or not.

Brushing up on previous points, had I known that:

A.) I needed a 70% to pass the class.

B.) There was an opt-out test for the class.

I may have made a different decision about sticking through with the class. But given the 24 hour timeframe I was under and the lack of information available I was not allowed to make an informed decision and decided to stick through with the class.

1st Week: 54 / 130 points received (41.5%)

Final 5 Weeks: 641 / 870 points received (73.6%)

If you were to throw away the 1st Week of that course or even give partial credit for the assignment that I was tardy on, I would have passed the class with a 'C' and all of this would be a non-issue.

If I had the pre-existing knowledge that finishing the class with a 73.6% average from that point on would cause me to fail the class, I would have taken the 50% tuition reimbursement on the spot and have taken the "opt out" test.

There's no question about it. I was getting an 'F' after the first week and my academic advisor was less than helpful in informing me of my alternates; let alone even understanding how much the deck was stacked against me from that point forward.

5.) I question the integrity of the Professor Dennis Barton. Most teachers are humane and willing to help or look the other way when it comes to a late assignment during the first. But not Dennis Barton. In fact, it seemed like Dennis Barton would take pleasure in docking points off your grade.

I wouldn't make lewd accusations like this if I couldn't back them up:

http://www.ratemyprofessors.com/ShowRatings.jsp?tid=1724081

The above is a link to a website where students rate their teachers. It's a rather archaic measurement but I am certain there is some merit to it.

Review 1:

"Awful! Unhelpful, condescending. Refused request with "Don't make me the bad guy by having to refuse your request." Only communicates via private discussion but took 1 week of 6 wk class to set up link & only after I twice pointed out the link was there. Unclear directions & refuses to clarify. Avoid this instructor!Awful."

Review 2:

"Worst teacher ever! Not clear, and will not help you! He get's frustrated when you make a post. You are NEVER right and it NEVER good enough! I have always received an A in all of my English classes and he gave me zero's on my papers! I have NEVER received a 0 before, EVER! You NEED to switch this class! Do not hesitate!"

Review 3:

"This is the worst teacher I have ever taken! Do not take him! He is not clear and is very vague on everything.Gives you 0's even if you did the paper fully and answered every question. Then if you asked for help he will NOT help you just repeat the directions or will tell you to reread it. Get's frustrated with the class on posts! AWFUL TEACHER! !!"

Review 4:

"This professor is one of the worst I have ever seen. He does not make it clear what he wants and even when you fix things he still isn't happy. He is very contradictory in what he wants and does not answer questions he just restates things he has already said and does not explain them. DO NOT TAKE THIS PROFESSOR!"

Review 5:

"This guy is not a good teacher. He is not clear about what he wants from his students in his assignments or specific enough in how to do them. He is not helpful when asking questions. He talks as if he is above everyone else. I wish I hadn't had to take this class right away.I was looking forward to it, but not now after having him for my professor"

Now, one could argue that people only go to that website to post their negative interactions with teachers but that is simply not the case. As the average professor from Baker College has a rating of 3.56. Dennis Barton has a 1.1

http://www.ratemyprofessors.com/SelectTeacher.jsp?the_dept=English&orderby=TLName&sid=74

Average Professor from Baker College's Rating: 3.56

Professor Dennis Barton's Rating: 1.1

But wait, there's more! The following reviews date back to 2009.

http://www.ratemyprofessors.com/ShowRatings.jsp?tid=1255125

Review 6:

"Nothing is ever good enough for him, I really wished I'd taken a different course."

Review 7:

"He contradicts himself! He will give instructions for an assignment and then deduct points for just following the directions. (ie: "Summary should not contain minor details" but his notes on your paper ask for specifics) Your ENGLISH instructor shouldn't make as many grammar errors as I've caught him making so far. Doesn't communicate very clearly."

Review 8:

"avoid at all costs. He does not reply to questions and is not helpful at all. He is arrogant and continuallu claims to be a professional writer but does not create a classroom enviornment that is in any way condusive to learning. Definitely find another professor"

...but wait, there's more! On another website, both from 2014:

http://www.ratemyteachers.com/dennis-barton/3442124-t

Review 9:

"Professors like this make me hate learning"

Review 10:

"This guy clearly became a teacher because he wanted a way to bully people and get paid for it. He is extremely unclear in his instructions, unclear when you ask questions, and then docks you points when you don't understand. Don't take his classes!"

There are 10 negative reviews of this teacher and 5 of them (50%) were posted in the year 2014! This excludes the negative review that I am sure to write about him as well. While this surely isn't the FINAL WORD on the situation, where this is smoke there is fire. Especially when you consider how poorly he scores compared to his peers. Had I known there were this many red flags, I would have dropped the class in an instant and taken the test!

I know that students review their teachers after their classes. Is there data available to suggest that Dennis Barton receives less than favorable reviews from data available at Baker? I'd like to see this data because I think it would suggest that I was given the short end of the stick from him.

-

In conclusion, I feel as if my Academic Career was not nurtured with the level of respect and care that I expected when I forked over $3,600 out of pocket to pay for this Summer Session. I feel as if I was informed about specific pieces of information, the outcome of all of this would have changed drastically.

Besides this experience, I have been very happy with the quality product that Baker has given me.

But to think that Baker College is now telling me:

1.) I will not receive credit for my 69.5% D+. Even though the syllabus says nothing about needing a minimum of a C to count for credit.

2.) I will not be able to take the "opt out" test because I have already failed to complete the class once.

3.) I will have to retake Composition 1 and shell out $800 out of pocket to do so.

Is absolutely maddening! This maddening feeling is compounded by the fact that:

1.) I was given a 24 hour notice. To make my decision to withdraw for a 50% tuition reimbursement.

2.) I was not informed that if I did withdraw, I would have the option to take the 'opt out' test for this specific course.

3.) I was snubbed by a half point from a Professor who has a notoriously poor reputation compared to his peers.

-

I was on pace to graduate with Baker College in March of 2015 but now that is severely jeopardized for a medley of reasons: academically, personally, and financially.

I would appreciate a phone call to discuss the matter directly with you, as my current Academic Advisor Tammy Carr will not return my phone calls.

Thank you for reading,

My Name

Your inability to understand the word "brief" used at the top of your message, coupled with the poor composition of your e-mail only confirms that you should not have received a grade nearly as high as your inflated mark.

I believe you should use this opportunity to learn to take responsibility for your own life.

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Is anyone here an ATT Uverse customer? I'm reviewing my bills, and something strange showed up. I'd like to see if this "accidental charge" has hit a bunch of other people as well.

I have ATT internet service but switched a couple months ago to Direct TV for the tube. What should I be looking for?
A 37 cent charge on your internet bill for no reason.
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Look guys, I won my first case!

-

"Mr. Blank,

I have reviewed our policy regarding the opportunity and requirements to test out of Composition I. Students much achieve a score of 80% or higher on both the reading and writing Alternate Compass test. Our records indicate that you earned a 96% on the reading test and 95% on the writing test. As a result, you should have been presented with an opportunity to test out of Composition I. It appears we did not communicate this opportunity to you. As a result, please contact OMITTED to arrange to complete the Composition I exam. We are reviewing our process to ensure that this information is included on all communications to students regarding test results and we appreciate your patience as improve our process. Please note, if you earn an appropriate score for the Composition I exam, it will be noted on your transcript and you will be eligible to register for courses that have Composition I as a pre-requisite. If you do not earn a score that qualifies you to receive credit for Composition I, you will need to successfully complete this course. Once you have completed the Composition I exam and determine your next course of action, should you wish to file a grade appeal for the Composition I course you completed during the Summer 1 session, 2014 – please contact me and I will provide you the necessary documentation.

In addition, on August 12, 2014 we spoke at length regarding your behavior and reviewed that it did not meet our student code of conduct. Specifically, the use of inappropriate and foul language with College personnel is not tolerated. When we spoke you indicated you both understood and would be able to meet our expectations for student behavior. Unfortunately, within one hour of our conversation you communicated with an Administrative Assistant and once again used inappropriate and foul language. Based on this performance, you will need to review and sign a behavioral contract to be allowed to continue attending Baker College. The Baker College Behavioral Contract is attached. Please note that if you wish to continue attending Baker College, this contract must be signed and returned to us within 5 business days.

If you have any questions, please don’t hesitate to contact me."
Edited by Eminence
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Look guys, I won my first case!

-

"Mr. Blank,

I have reviewed our policy regarding the opportunity and requirements to test out of Composition I. Students much achieve a score of 80% or higher on both the reading and writing Alternate Compass test. Our records indicate that you earned a 96% on the reading test and 95% on the writing test. As a result, you should have been presented with an opportunity to test out of Composition I. It appears we did not communicate this opportunity to you. As a result, please contact Laura Carrollat (810)766-2164 or laura.carroll@baker.edu to arrange to complete the Composition I exam. We are reviewing our process to ensure that this information is included on all communications to students regarding test results and we appreciate your patience as improve our process. Please note, if you earn an appropriate score for the Composition I exam, it will be noted on your transcript and you will be eligible to register for courses that have Composition I as a pre-requisite. If you do not earn a score that qualifies you to receive credit for Composition I, you will need to successfully complete this course. Once you have completed the Composition I exam and determine your next course of action, should you wish to file a grade appeal for the Composition I course you completed during the Summer 1 session, 2014 – please contact me and I will provide you the necessary documentation.

In addition, on August 12, 2014 we spoke at length regarding your behavior and reviewed that it did not meet our student code of conduct. Specifically, the use of inappropriate and foul language with College personnel is not tolerated. When we spoke you indicated you both understood and would be able to meet our expectations for student behavior. Unfortunately, within one hour of our conversation you communicated with an Administrative Assistant and once again used inappropriate and foul language. Based on this performance, you will need to review and sign a behavioral contract to be allowed to continue attending Baker College. The Baker College Behavioral Contract is attached. Please note that if you wish to continue attending Baker College, this contract must be signed and returned to us within 5 business days.

If you have any questions, please don’t hesitate to contact me."

So, Baker College is a clown college?
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Do you guys think I should try to get my tuition reimbursed? I feel like I'm in a pretty good position to twist t their wrist around.

You certainly have a case against them for operating in bad faith as a matter of contract law. It should have been patently obvious to them after even the most cursory and perfunctory review of your application that you were wholly unqualified to meet any reasonable standard for acceptance. They are operating in bad faith by continuing to take your tuition.

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Is anyone here an ATT Uverse customer? I'm reviewing my bills, and something strange showed up. I'd like to see if this "accidental charge" has hit a bunch of other people as well.

I have ATT internet service but switched a couple months ago to Direct TV for the tube. What should I be looking for?
A 37 cent charge on your internet bill for no reason.

Only happened to check in here because I saw Eminence was posting and knew it would be hilarious (totally right, JFC), but FWIW I'm pretty sure I had a friend mention this exact same thing last week. A very small ~30 cent charge unaccounted for on their UVerse bill recently. Weird.

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Is anyone here an ATT Uverse customer? I'm reviewing my bills, and something strange showed up. I'd like to see if this "accidental charge" has hit a bunch of other people as well.

I have ATT internet service but switched a couple months ago to Direct TV for the tube. What should I be looking for?
A 37 cent charge on your internet bill for no reason.
Only happened to check in here because I saw Eminence was posting and knew it would be hilarious (totally right, JFC), but FWIW I'm pretty sure I had a friend mention this exact same thing last week. A very small ~30 cent charge unaccounted for on their UVerse bill recently. Weird.

What state?

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11 million UVerse subscribers, 37 cents apiece.

I called and they tried to tell me it was tax. I told them that was B.S. they admitted it was an erroneous charge and they took it off my bill. Same thing with 5 people I know. If it's beyond Louisiana, this could be class actionable.

Edited by Henry Ford
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11 million UVerse subscribers, 37 cents apiece.

I called and they tried to tell me it was tax. I told them that was B.S. they admitted it was an erroneous charge and they took it off my bill. Same thing with 5 people I know. If it's beyond Louisiana, this could be class actionable.

Roughly 4 million a month.

Someone must have watched Superman 3

Edited by NCCommish
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11 million UVerse subscribers, 37 cents apiece.

I called and they tried to tell me it was tax. I told them that was B.S. they admitted it was an erroneous charge and they took it off my bill. Same thing with 5 people I know. If it's beyond Louisiana, this could be class actionable.

Roughly 4 million a month.

Someone must have watched Superman 3

It isn't every month. More like every 4-5 months.
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11 million UVerse subscribers, 37 cents apiece.

I called and they tried to tell me it was tax. I told them that was B.S. they admitted it was an erroneous charge and they took it off my bill. Same thing with 5 people I know. If it's beyond Louisiana, this could be class actionable.

Roughly 4 million a month.

Someone must have watched Superman 3

It isn't every month. More like every 4-5 months.

That is even trickier. Just slip it in two or three times a year. Probably goes unnoticed. I salute their subtlety.

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Is anyone here an ATT Uverse customer? I'm reviewing my bills, and something strange showed up. I'd like to see if this "accidental charge" has hit a bunch of other people as well.

I have ATT internet service but switched a couple months ago to Direct TV for the tube. What should I be looking for?
A 37 cent charge on your internet bill for no reason.

I'll keep a lookout on the next bill. They screwed my account up pretty good when I moved a couple months ago so the last two bills have been weird. Next one should be a regular one.

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