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The Lawyer Thread Where We Stop Ruining Other Threads (9 Viewers)

Ok - who else got the new proposed federal rules and can tell me if I have to read them. I'm on page 4 and ready to just quit and go home.

 
krista4 said:
1. Whoever wrote that should be shot, execution-style. No, wait--that's too kind. Tortured, and then shot in front of his/her family.

2. Is there a defined term "Business Days" or the like in the agreement? Usually there would be something like that, with the definition being essentially days when banks are open, and where the defined term is not used, calendar days would be implied.

In absence of anything more, I agree with Cletius's interpretation. It's the only way the word "aggregate" makes any sense.
met with our contractor today- he had the exact same question I did.

nothing is defined.

torture will occur. unless it gets in the way of our constrction schedule, in which case... :shrug: ... we'll do whatever the building says.

but yeah- more often than not, these things play out as cletius said- 180 calendar days.

I'll be back with some fun local building code/expeditor speak soon enough. thanks, lawyer brohans.

 
So that trial I mentioned lasted all week and concluded yesterday. By yesterday I mean 9:00 pm last night (Friday night). Verdict read in a rustic old courtroom where the majority of the lighting of the room comes from the sun. So in almost darkness verdict comes down guilty

across the board. Convicted of possessing meth

for sale (1/4 ounce) and two weapons charges.

Client pretty much loses it b/c she knows she's facing up to 30 something years on the sale (im hoping to get the judge to keep it around 12-15 or so).

Oh I didn't mention that aside from what I thought were a few bad rulings by the judge on some of my objections, realistically the trial portion went as well as I could have hoped. In the dazed drive home I always think about what I could have done better and really came up with nothing.

Got home, started in on a bottle of wine and made it about halfway through before just crashing out. Just woke up and my wife informs me I tossed and turned all night and said words like "jury" and "stupid" in my sleep.

Yay lawyering!

 
So that trial I mentioned lasted all week and concluded yesterday. By yesterday I mean 9:00 pm last night (Friday night). Verdict read in a rustic old courtroom where the majority of the lighting of the room comes from the sun. So in almost darkness verdict comes down guilty

across the board. Convicted of possessing meth

for sale (1/4 ounce) and two weapons charges.

Client pretty much loses it b/c she knows she's facing up to 30 something years on the sale (im hoping to get the judge to keep it around 12-15 or so).

Oh I didn't mention that aside from what I thought were a few bad rulings by the judge on some of my objections, realistically the trial portion went as well as I could have hoped. In the dazed drive home I always think about what I could have done better and really came up with nothing.

Got home, started in on a bottle of wine and made it about halfway through before just crashing out. Just woke up and my wife informs me I tossed and turned all night and said words like "jury" and "stupid" in my sleep.

Yay lawyering!
I used to think about this stuff at home. After my divorce, I realized that lawyering is stressful enough without letting it invade your free time. Learn to leave it at the door. Get a therapist and learn how to meditate or something. It isn't worth it.

 
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Question for you lawyer types. Can a parent be liable for a 16 year old child's car accident? We have insurance, but I'm curious if a lawsuit were to exceed the insurance amount, who would be liable?

 
Question for you lawyer types. Can a parent be liable for a 16 year old child's car accident? We have insurance, but I'm curious if a lawsuit were to exceed the insurance amount, who would be liable?
They could be depending on the state law. I am aware of one negligent auto accident case in my neck of the woods where the parents of the driving teen and the parents of the passenger teen sued each other for what amounts to negligent supervision. I'm pretty sure the case settled prior to trial and the numbers used to get there could pay ARod's salary for a few at-bats.

 
Question for you lawyer types. Can a parent be liable for a 16 year old child's car accident? We have insurance, but I'm curious if a lawsuit were to exceed the insurance amount, who would be liable?
They could be depending on the state law. I am aware of one negligent auto accident case in my neck of the woods where the parents of the driving teen and the parents of the passenger teen sued each other for what amounts to negligent supervision. I'm pretty sure the case settled prior to trial and the numbers used to get there could pay ARod's salary for a few at-bats.
Is "negligent" the key word? This is just your standard run of the mill accident where she didn't see a car coming. It's not like she was drunk or driving 100 mph. Does that make a difference?
 
Question for you lawyer types. Can a parent be liable for a 16 year old child's car accident? We have insurance, but I'm curious if a lawsuit were to exceed the insurance amount, who would be liable?
They could be depending on the state law. I am aware of one negligent auto accident case in my neck of the woods where the parents of the driving teen and the parents of the passenger teen sued each other for what amounts to negligent supervision. I'm pretty sure the case settled prior to trial and the numbers used to get there could pay ARod's salary for a few at-bats.
Is "negligent" the key word? This is just your standard run of the mill accident where she didn't see a car coming. It's not like she was drunk or driving 100 mph. Does that make a difference?
It could. Facts always matter.

 
Question for you lawyer types. Can a parent be liable for a 16 year old child's car accident? We have insurance, but I'm curious if a lawsuit were to exceed the insurance amount, who would be liable?
They could be depending on the state law. I am aware of one negligent auto accident case in my neck of the woods where the parents of the driving teen and the parents of the passenger teen sued each other for what amounts to negligent supervision. I'm pretty sure the case settled prior to trial and the numbers used to get there could pay ARod's salary for a few at-bats.
Is "negligent" the key word? This is just your standard run of the mill accident where she didn't see a car coming. It's not like she was drunk or driving 100 mph. Does that make a difference?
Failure to exercise due care may be negligence.

Check out where your state stands on the Family Purpose Doctrine.

 
When somebody is suing somebody for damages incurred due to physical injury, negligence is almost always the key word. Negligence is defined as somebody having a particular duty to do something reasonable, breaching that duty by doing something different or not doing that particular thing, and then that breaches causes another person injury.

In your question the issue probably turns on whether the parents have some sort of duty to ensure their child is driving safely at 16. This

probably is going to be state-specific and why if

you are serious about seeking the absolute

correct answer to your question that you should speak to civil attorney in your jurisdiction.

There is some idea of vicarious liability parents have over their juveniles, and I recall a case where some little kid pulled a woman's child out from under her and she hurt herself and sued his parents. But I would think the fact the state licenses drivers and the age of 16 may take this out of play.

 
Question for you lawyer types. Can a parent be liable for a 16 year old child's car accident? We have insurance, but I'm curious if a lawsuit were to exceed the insurance amount, who would be liable?
When I got out of the military I moved in with my parents to go to school. Even though I was obviously an emancipated adult I had to maintain higher than normal insurance to help prevent them from being sued if I hit someone. Also I was in car wreck that totaled my car. The other driver ran a red light. She was a teen living at home. Her insurance was minimal and I could have sued the parents and attached their house if I wanted to. But I didn't. This was all in Florida many years ago so I am not sure it is still applicable.

 
Anyone care to weigh in on how to respond in the following scenario:

I was contacted by someone looking to hire a general counsel position.

- He texted me Tuesday morning because a mutual friend gave him my resume and he wanted to chat about the job.

- I spoke with him on the phone that morning, and he asked if I could come over to his office (5 minutes away from my office) and visit.

- We had a good meeting - 30-45 minutes - he told me about the job, what he was looking for, etc. He knows that $$ is a possible issue for me (I'm currently a partner at a decent-sized private firm). He said you mull it over with your wife, I'll mull it over on my end. He let me know he had talked to a few other people but had not really gotten a good vibe from anyone.

- Thursday morning, he texts me again and wanted to know if I had any follow-up questions that he could answer. I take that as a sign of relatively decent interest given how quickly he followed up.

- I texted back and told him I was interested, felt I could fit into the role, and that my wife and I were weighing $$$ and timing issues. I told him if I could find a comfort level on those issues, I would like to meet again. He did not respond back.

I have a strong interest in the position and think the $$ will work. I don't want to give the impression I'm all in at this point (because I'm not), and I also don't want to come across as assuming he wants to meet with me again.

How would you respond back to him to indicate interest in meeting again to discuss further? Am I over thinking this? Should I just call or text him and let him know I'm available to discuss if he's interested?

 
Last edited by a moderator:
Anyone care to weigh in on how to respond in the following scenario:

I was contacted by someone looking to hire a general counsel position.

- He texted me Tuesday morning because a mutual friend gave him my resume and he wanted to chat about the job.

- I spoke with him on the phone that morning, and he asked if I could come over to his office (5 minutes away from my office) and visit.

- We had a good meeting - 30-45 minutes - he told me about the job, what he was looking for, etc. He knows that $$ is a possible issue for me (I'm currently a partner at a decent-sized private firm). He said you mull it over with your wife, I'll mull it over on my end. He let me know he had talked to a few other people but had not really gotten a good vibe from anyone.

- Thursday morning, he texts me again and wanted to know if I had any follow-up questions that he could answer. I take that as a sign of relatively decent interest given how quickly he followed up.

- I texted back and told him I was interested, felt I could fit into the role, and that my wife and I were weighing $$$ and timing issues. I told him if I could find a comfort level on those issues, I would like to meet again. He did not respond back.

I have a strong interest in the position and think the $$ will work. I don't want to give the impression I'm all in at this point (because I'm not), and I also don't want to come across as assuming he wants to meet with me again.

How would you respond back to him to indicate interest in meeting again to discuss further? Am I over thinking this? Should I just call or text him and let him know I'm available to discuss if he's interested?
What is this guy's position? Is he a recruiter, or something else?

ETA: Yes, you're overthinking it. ;)

 
Last edited by a moderator:
Anyone care to weigh in on how to respond in the following scenario:

I was contacted by someone looking to hire a general counsel position.

- He texted me Tuesday morning because a mutual friend gave him my resume and he wanted to chat about the job.

- I spoke with him on the phone that morning, and he asked if I could come over to his office (5 minutes away from my office) and visit.

- We had a good meeting - 30-45 minutes - he told me about the job, what he was looking for, etc. He knows that $$ is a possible issue for me (I'm currently a partner at a decent-sized private firm). He said you mull it over with your wife, I'll mull it over on my end. He let me know he had talked to a few other people but had not really gotten a good vibe from anyone.

- Thursday morning, he texts me again and wanted to know if I had any follow-up questions that he could answer. I take that as a sign of relatively decent interest given how quickly he followed up.

- I texted back and told him I was interested, felt I could fit into the role, and that my wife and I were weighing $$$ and timing issues. I told him if I could find a comfort level on those issues, I would like to meet again. He did not respond back.

I have a strong interest in the position and think the $$ will work. I don't want to give the impression I'm all in at this point (because I'm not), and I also don't want to come across as assuming he wants to meet with me again.

How would you respond back to him to indicate interest in meeting again to discuss further? Am I over thinking this? Should I just call or text him and let him know I'm available to discuss if he's interested?
What is this guy's position? Is he a recruiter, or something else?

ETA: Yes, you're overthinking it. ;)
Thought so. :)

The guy is the "boss." The person I would report to and who is filling the position.

ETA:

Not Bruce Springsteen.

 
Last edited by a moderator:
Anyone care to weigh in on how to respond in the following scenario:

I was contacted by someone looking to hire a general counsel position.

- He texted me Tuesday morning because a mutual friend gave him my resume and he wanted to chat about the job.

- I spoke with him on the phone that morning, and he asked if I could come over to his office (5 minutes away from my office) and visit.

- We had a good meeting - 30-45 minutes - he told me about the job, what he was looking for, etc. He knows that $$ is a possible issue for me (I'm currently a partner at a decent-sized private firm). He said you mull it over with your wife, I'll mull it over on my end. He let me know he had talked to a few other people but had not really gotten a good vibe from anyone.

- Thursday morning, he texts me again and wanted to know if I had any follow-up questions that he could answer. I take that as a sign of relatively decent interest given how quickly he followed up.

- I texted back and told him I was interested, felt I could fit into the role, and that my wife and I were weighing $$$ and timing issues. I told him if I could find a comfort level on those issues, I would like to meet again. He did not respond back.

I have a strong interest in the position and think the $$ will work. I don't want to give the impression I'm all in at this point (because I'm not), and I also don't want to come across as assuming he wants to meet with me again.

How would you respond back to him to indicate interest in meeting again to discuss further? Am I over thinking this? Should I just call or text him and let him know I'm available to discuss if he's interested?
What is this guy's position? Is he a recruiter, or something else?

ETA: Yes, you're overthinking it. ;)
Thought so. :)

The guy is the "boss." The person I would report to and who is filling the position.

ETA:

Not Bruce Springsteen.
:lmao: at the edit.

So it's in his court right now, or yours? Seemed like it was in his, but you're thinking of texting again?

If you're the last one to text, let it lie for a couple of days. If you don't hear anything, then a call to say "I've put more thought into this and am definitely interested" would be fine.

This whole process of filling a job seems odd (including the texting), but hopefully it will work out for you!

 
Anyone care to weigh in on how to respond in the following scenario:

I was contacted by someone looking to hire a general counsel position.

- He texted me Tuesday morning because a mutual friend gave him my resume and he wanted to chat about the job.

- I spoke with him on the phone that morning, and he asked if I could come over to his office (5 minutes away from my office) and visit.

- We had a good meeting - 30-45 minutes - he told me about the job, what he was looking for, etc. He knows that $$ is a possible issue for me (I'm currently a partner at a decent-sized private firm). He said you mull it over with your wife, I'll mull it over on my end. He let me know he had talked to a few other people but had not really gotten a good vibe from anyone.

- Thursday morning, he texts me again and wanted to know if I had any follow-up questions that he could answer. I take that as a sign of relatively decent interest given how quickly he followed up.

- I texted back and told him I was interested, felt I could fit into the role, and that my wife and I were weighing $$$ and timing issues. I told him if I could find a comfort level on those issues, I would like to meet again. He did not respond back.

I have a strong interest in the position and think the $$ will work. I don't want to give the impression I'm all in at this point (because I'm not), and I also don't want to come across as assuming he wants to meet with me again.

How would you respond back to him to indicate interest in meeting again to discuss further? Am I over thinking this? Should I just call or text him and let him know I'm available to discuss if he's interested?
What is this guy's position? Is he a recruiter, or something else?

ETA: Yes, you're overthinking it. ;)
Thought so. :)

The guy is the "boss." The person I would report to and who is filling the position.

ETA:

Not Bruce Springsteen.
:lmao: at the edit.

So it's in his court right now, or yours? Seemed like it was in his, but you're thinking of texting again?

If you're the last one to text, let it lie for a couple of days. If you don't hear anything, then a call to say "I've put more thought into this and am definitely interested" would be fine.

This whole process of filling a job seems odd (including the texting), but hopefully it will work out for you!
I think it's probably more in my court. Essentially, I left it with, "if I get comfortable with the money, I want to talk again." I think he's waiting on me to let him know I'm comfortable with the money.

It is a bit odd, but I understand the reasoning for why it's proceeding the way it is.

 
what is the cliffs note version of what to expect in JP court? Do things like opening statements, cross examinations, objections and all that tv stuff actually happen? Or is streamlined and built for peeps who walk in there without an attorney?

 
justice of the peace aka small claims
My experience in CA small claims is that is is very informal. I sued a car dealership in small claims. The judge has a very basic description of what you're suing for. I started and explained it. She asked a couple of follow up questions and then asked the dealership what their defense was. They didn't really have one which made it a pretty quick case. She didn't render a verdict then. It was posted on the website, and a letter sent out, a couple of days later. I spent about 5 minutes up at the podium.

 
Anyone care to weigh in on how to respond in the following scenario:

I was contacted by someone looking to hire a general counsel position.

- He texted me Tuesday morning because a mutual friend gave him my resume and he wanted to chat about the job.

- I spoke with him on the phone that morning, and he asked if I could come over to his office (5 minutes away from my office) and visit.

- We had a good meeting - 30-45 minutes - he told me about the job, what he was looking for, etc. He knows that $$ is a possible issue for me (I'm currently a partner at a decent-sized private firm). He said you mull it over with your wife, I'll mull it over on my end. He let me know he had talked to a few other people but had not really gotten a good vibe from anyone.

- Thursday morning, he texts me again and wanted to know if I had any follow-up questions that he could answer. I take that as a sign of relatively decent interest given how quickly he followed up.

- I texted back and told him I was interested, felt I could fit into the role, and that my wife and I were weighing $$$ and timing issues. I told him if I could find a comfort level on those issues, I would like to meet again. He did not respond back.

I have a strong interest in the position and think the $$ will work. I don't want to give the impression I'm all in at this point (because I'm not), and I also don't want to come across as assuming he wants to meet with me again.

How would you respond back to him to indicate interest in meeting again to discuss further? Am I over thinking this? Should I just call or text him and let him know I'm available to discuss if he's interested?
What is this guy's position? Is he a recruiter, or something else?

ETA: Yes, you're overthinking it. ;)
Thought so. :)

The guy is the "boss." The person I would report to and who is filling the position.

ETA:

Not Bruce Springsteen.
:lmao: at the edit.

So it's in his court right now, or yours? Seemed like it was in his, but you're thinking of texting again?

If you're the last one to text, let it lie for a couple of days. If you don't hear anything, then a call to say "I've put more thought into this and am definitely interested" would be fine.

This whole process of filling a job seems odd (including the texting), but hopefully it will work out for you!
I think it's probably more in my court. Essentially, I left it with, "if I get comfortable with the money, I want to talk again." I think he's waiting on me to let him know I'm comfortable with the money.

It is a bit odd, but I understand the reasoning for why it's proceeding the way it is.
Ah, then definitely get in touch tomorrow (if you haven't already), but don't mention the money again--just an "I've put more thought and am very interested in talking further about whether this is a great fit for both of us. When can we meet?"-type thing.

 
BillyBarooo said:
what is the cliffs note version of what to expect in JP court? Do things like opening statements, cross examinations, objections and all that tv stuff actually happen? Or is streamlined and

built for peeps who walk in there without an attorney?
Very jurisdiction and subject matter specific. Check with your state's rules of evidence, rules of whatever subject matter procedure you're dealing with, and any local rules.
 
BillyBarooo said:
what is the cliffs note version of what to expect in JP court? Do things like opening statements, cross examinations, objections and all that tv stuff actually happen? Or is streamlined and

built for peeps who walk in there without an attorney?
Very jurisdiction and subject matter specific. Check with your state's rules of evidence, rules of whatever subject matter procedure you're dealing with, and any local rules.
thanks, did some digging and the rules of evidence looks like i'll have to call in any experts who gave me written opinions/confirmations. Also looks like there are opening statements, calling witness, cross examinations, and closing statements. :kicksrock: I was really hoping it would be a simple "hey your honor, here is my side", then they do the same, and were done with it. Major "ask" of my witnesses as it's basically a day they don't get to work and make $$$

 
1. Whoever wrote that should be shot, execution-style. No, wait--that's too kind. Tortured, and then shot in front of his/her family.

2. Is there a defined term "Business Days" or the like in the agreement? Usually there would be something like that, with the definition being essentially days when banks are open, and where the defined term is not used, calendar days would be implied.

In absence of anything more, I agree with Cletius's interpretation. It's the only way the word "aggregate" makes any sense.
met with our contractor today- he had the exact same question I did.

nothing is defined.

torture will occur. unless it gets in the way of our constrction schedule, in which case... :shrug: ... we'll do whatever the building says.

but yeah- more often than not, these things play out as cletius said- 180 calendar days.

I'll be back with some fun local building code/expeditor speak soon enough. thanks, lawyer brohans.
fyi- 180 Calendar days.

thanks for the help, though. ####### lawyers.

 
Summer employment search finally over, it seems. Accepted an offer with a major professional sports league, pending the actual start and end dates getting official approval from someone other than the recruiter. Damn this quarter system.

For those with the experience, I have a question for you. I do not want to go into BigLaw. Ideally, I spend my next summer with a sports league, team, or a consulting firm (MBB). I have no desire to ever go into BigLaw and don't plan on a legal career either (I see it as value add to the MBA, not the other way around). As such, is there any reason to go through OCI for BigLaw? It seems like the right call, but there are so few people here not doing OCI that I feel very black sheep-ish.

Really just looking for some positive reinforcement or pointing out of something I am totally overlooking.

 
Summer employment search finally over, it seems. Accepted an offer with a major professional sports league, pending the actual start and end dates getting official approval from someone other than the recruiter. Damn this quarter system.

For those with the experience, I have a question for you. I do not want to go into BigLaw. Ideally, I spend my next summer with a sports league, team, or a consulting firm (MBB). I have no desire to ever go into BigLaw and don't plan on a legal career either (I see it as value add to the MBA, not the other way around). As such, is there any reason to go through OCI for BigLaw? It seems like the right call, but there are so few people here not doing OCI that I feel very black sheep-ish.

Really just looking for some positive reinforcement or pointing out of something I am totally overlooking.
I cant imagine any reason why you'd do it given your stated goals unless you just want to make a bunch of money your 2L summer, or you want the interviewing practice.

 
Summer employment search finally over, it seems. Accepted an offer with a major professional sports league, pending the actual start and end dates getting official approval from someone other than the recruiter. Damn this quarter system.

For those with the experience, I have a question for you. I do not want to go into BigLaw. Ideally, I spend my next summer with a sports league, team, or a consulting firm (MBB). I have no desire to ever go into BigLaw and don't plan on a legal career either (I see it as value add to the MBA, not the other way around). As such, is there any reason to go through OCI for BigLaw? It seems like the right call, but there are so few people here not doing OCI that I feel very black sheep-ish.

Really just looking for some positive reinforcement or pointing out of something I am totally overlooking.
I cant imagine any reason why you'd do it given your stated goals unless you just want to make a bunch of money your 2L summer, or you want the interviewing practice.
Yup. It's sometimes a good idea to go through big-time interviews you don't care about to get yourself into the groove.

 
Summer employment search finally over, it seems. Accepted an offer with a major professional sports league, pending the actual start and end dates getting official approval from someone other than the recruiter. Damn this quarter system.

For those with the experience, I have a question for you. I do not want to go into BigLaw. Ideally, I spend my next summer with a sports league, team, or a consulting firm (MBB). I have no desire to ever go into BigLaw and don't plan on a legal career either (I see it as value add to the MBA, not the other way around). As such, is there any reason to go through OCI for BigLaw? It seems like the right call, but there are so few people here not doing OCI that I feel very black sheep-ish.

Really just looking for some positive reinforcement or pointing out of something I am totally overlooking.
I cant imagine any reason why you'd do it given your stated goals unless you just want to make a bunch of money your 2L summer, or you want the interviewing practice.
Yup. It's sometimes a good idea to go through big-time interviews you don't care about to get yourself into the groove.
Ok cool.

As I talk to older students, the OCI interviews all kind of seem like a joke. Of course, the 1L summer interviews I did were kind of a joke also. Its like 30-45 minutes to see if you can speak coherently, aren't an #######, and actually go to law school. I've been doing, and will probably ramp up, case interview and behavioral interview stuff to prep for consulting interviews.

I had far tougher interviews for undergrad internships than the 1L summer ones. Is OCI different and the 2Ls/3Ls are just humble-bragging, or are OCI interviews kind of a joke?

 
They may be a joke at Stanford. At my mid-tier 1 school the whole process was much more competitive than I was used to (worked in the banking industry in my first career).

 
what is the cliffs note version of what to expect in JP court? Do things like opening statements, cross examinations, objections and all that tv stuff actually happen? Or is streamlined and

built for peeps who walk in there without an attorney?
Very jurisdiction and subject matter specific. Check with your state's rules of evidence, rules of whatever subject matter procedure you're dealing with, and any local rules.
In my state the rules of evidence do not apply in small claims. It's very Judge Judy. Have a bare bones summary you can recite, have all your witnesses and exhibits (with extra copies) ready to go. Be respectful, but don't be afraid to push back if the judge isn't understanding correctly. They likely have spent 5 minutes on the case. :2cents:

 
Summer employment search finally over, it seems. Accepted an offer with a major professional sports league, pending the actual start and end dates getting official approval from someone other than the recruiter. Damn this quarter system.

For those with the experience, I have a question for you. I do not want to go into BigLaw. Ideally, I spend my next summer with a sports league, team, or a consulting firm (MBB). I have no desire to ever go into BigLaw and don't plan on a legal career either (I see it as value add to the MBA, not the other way around). As such, is there any reason to go through OCI for BigLaw? It seems like the right call, but there are so few people here not doing OCI that I feel very black sheep-ish.

Really just looking for some positive reinforcement or pointing out of something I am totally overlooking.
Why are you getting a law degree then?

 
Despite this thread's title, we managed to ruin the McClure's BBQ thread. I see why people hate us now.
The people who gave the most advice regarding taking precautions weren't lawyers. And I'm glad they did. I'd hate to see a great guy like tipsy, or some of the fine folks who want to invest, getting caught up in ugliness.

 

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