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Yeah you had me at "gobs of money" and the "superhero" thing is the cherry on top to keep my ego all in.

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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. 

The managing partners of the small plaintiff firm I work for called me in for a meeting today and informed me they'll be making me an offer this summer for a contract that calls for a gradual transfer

Note: shameless bragging to commence.

BTW, I'm a ####### machine at getting family law cases incredibly late in the game, where there appears to be no chance of settling as the prior counsel wasn't even close to settling it with the other side when I took it over, and getting a damn good settlement on the day of trial. Negotiated straight from 6 AM to 2:00 PM today on a case and resolved all but one issue. 8 hour trial reduced to 30 minutes and we won on the lone issue. Opposing counsel, who was up from the "big city", referred to me as a "breath of fresh air" on the record because of my willingness to troubleshoot and resolve issues. I'm not sure whether to take that as a compliment.

Oh, and I immediately left that hearing to run to a settlement conference for a criminal case that I got the resolved with 3.5 years less that the offer going into the conference.

Gonna pull a Yankee tonight and sip some scotch with my feet up while my wife watches a Disney movie.

Edited by Zow
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I am here seeking family law insight. I understand things vary from state to state, but some generalities would be appreciated.

How difficult is it to become a legal guardian of a 16 year old when all parties involved are in agreement for this to happen (Mom, daughter, and me)? Mom and daughter live in Texas, I live in Mississippi. While not the biological father, I have raised her as if she were mine since she was two. She's even had her last name legally changed to mine.


Extended version:

My ex-wife and I have two grown children; my ex also has a third child (born 1999), from her next-ex. This ex was a deadbeat - multiple legal incidents involving alcohol, served time for writing hot checks (or maybe it was forgery), etc. Anyway, my ex got sole custody and child #3's father is completely out of the picture.

Digressing - As you might guess, a two year who sees her older brother and sister calling someone dad naturally follows suit. I went with it; forcing her to contemplate why she had no dad was unconscionable. Fourteen years later I consider it the best decision I ever made. Anyway, early on my ex indicated to me that making me a legal guardian was complicated so the thought of doing so never came up again, until this past week.

Continuing with the tl;dr... The ex and I lived in same suburban Mississippi town for twelve years (2001 - 2013). Me in my own apartment and her with all three kids and a nice guy who eventually becomes ex#4. When she and ex#4 split, she loaded up and moved to Texas with the youngest while the oldest two stayed in MS (one in college and the other with me while she completed her senior year of high school). Two years later, our youngest wants to move back to MS and go to school with kids she grew up with and has known virtually her entire life.

I'm all for this but I can't register her for school without being designated as a legal guardian. I'm hoping someone here can help me understand what I may be up against in terms of time and resources. If mom is agreeable, is it simply a matter of completing some paperwork and going before a judge? Can it be done quickly? School starts in mid-August here.

I assume the natural order of things is for the ex to initiate these proceedings so that it is immediately understood that there is no custodial conflict going on (and I assume a Texas judge is going to have the final say-so on the matter).

TIA for any responses.

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But it sounds like you're thinking this is a good idea. Despite having to practice in a state I will never live in.

Why is the plaintiff's bar in the fine state of Mississippi so reluctant to take these (lucrative) cases? Is it that chummy?

1. The good ol' boys' network in that State is ridiculous;

2. Many non-huge-firm attorneys who want to make it in Mississippi have to take some cases working with/for the State to make ends meet, and it conflicts them out;

3. There's a tort claims limit on recovery against the State for most claims ($500K); and

4. I have good reason - and some evidence - that the agency in question has essentially intimidated most of the remainder by suggesting that they don't want to be on this agency's radar.

There also just aren't all that many lawyers (and less good ones) practicing plaintiff law over there. And virtually none of them want to do the substantial legwork on these cases. That's the stuff I love to do.

All of these mean that a lawyer from outside is virtually necessary to make these things happen. I have a stack of a dozen cases from a single county that all happened in the last six months sitting on my desk, every one of which has the potential to ring the bell at trial.

Edited by Henry Ford
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I should mention that an attorney who works for the State of Mississippi in a different capacity basically called me and told me about these cases. That attorney is afraid of being fired just for referring these families to an outside attorney to advise them of their rights. The whole state just seems terrified.

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Henry, can you expand on your hesitation here? Is it just the travel involved?

It's partially taking another bar exam at my age. No real interest in that, but that's not a big deal in the grand scheme of things. I just really don't want to.

It's also partially the travel.

But also just general fear about completely changing my focus and practice to be in another state. I've always pro hac'd into other states throughout my career, and just used local counsel for the procedural crap - and in Louisiana I've really done almost every kind of law. This feels way outside my comfort zone, to get admitted into a common law jurisdiction and just practice in a very specific area. I just feel uneasy and want to know if I'm just generally uneasy because it's new, or if someone here has done this sort of thing before.

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On the other hand, I interviewed a single mother with two black eyes, two subdural hematomas, a broken nose, and a severely beaten child with cerebral palsy who was crying and thanking me and saying that yesterday felt like the best day of her life because I said I'd think about taking her case. How do you not try to help someone like that?

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I am here seeking family law insight. I understand things vary from state to state, but some generalities would be appreciated.

How difficult is it to become a legal guardian of a 16 year old when all parties involved are in agreement for this to happen (Mom, daughter, and me)? Mom and daughter live in Texas, I live in Mississippi. While not the biological father, I have raised her as if she were mine since she was two. She's even had her last name legally changed to mine.

Extended version:

My ex-wife and I have two grown children; my ex also has a third child (born 1999), from her next-ex. This ex was a deadbeat - multiple legal incidents involving alcohol, served time for writing hot checks (or maybe it was forgery), etc. Anyway, my ex got sole custody and child #3's father is completely out of the picture.

Digressing - As you might guess, a two year who sees her older brother and sister calling someone dad naturally follows suit. I went with it; forcing her to contemplate why she had no dad was unconscionable. Fourteen years later I consider it the best decision I ever made. Anyway, early on my ex indicated to me that making me a legal guardian was complicated so the thought of doing so never came up again, until this past week.

Continuing with the tl;dr... The ex and I lived in same suburban Mississippi town for twelve years (2001 - 2013). Me in my own apartment and her with all three kids and a nice guy who eventually becomes ex#4. When she and ex#4 split, she loaded up and moved to Texas with the youngest while the oldest two stayed in MS (one in college and the other with me while she completed her senior year of high school). Two years later, our youngest wants to move back to MS and go to school with kids she grew up with and has known virtually her entire life.

I'm all for this but I can't register her for school without being designated as a legal guardian. I'm hoping someone here can help me understand what I may be up against in terms of time and resources. If mom is agreeable, is it simply a matter of completing some paperwork and going before a judge? Can it be done quickly? School starts in mid-August here.

I assume the natural order of things is for the ex to initiate these proceedings so that it is immediately understood that there is no custodial conflict going on (and I assume a Texas judge is going to have the final say-so on the matter).

TIA for any responses.

In my state, it's an application to the Probate Court with a fair amount of paperwork. Though when I did it, it was for a 4 year old, and if I remember right, at 16 the child has a lot more say/doesn't need to be protected as much. The need to register for school might qualify a motion for a temporary/emergency appointment that the court is supposed to hear ahead of other pending matters.

I do wonder what is required regarding biological dad, though. You're looking for a family/probate/elder lawyer that has done guardianships before.

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Henry, can you expand on your hesitation here? Is it just the travel involved?

It's partially taking another bar exam at my age. No real interest in that, but that's not a big deal in the grand scheme of things. I just really don't want to.

It's also partially the travel.

But also just general fear about completely changing my focus and practice to be in another state. I've always pro hac'd into other states throughout my career, and just used local counsel for the procedural crap - and in Louisiana I've really done almost every kind of law. This feels way outside my comfort zone, to get admitted into a common law jurisdiction and just practice in a very specific area. I just feel uneasy and want to know if I'm just generally uneasy because it's new, or if someone here has done this sort of thing before.

Can't do each one as pro hac vice?

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On the other hand, I interviewed a single mother with two black eyes, two subdural hematomas, a broken nose, and a severely beaten child with cerebral palsy who was crying and thanking me and saying that yesterday felt like the best day of her life because I said I'd think about taking her case. How do you not try to help someone like that?

I guess we're past the days of DeShaney v. Winnebago County, at least.

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Henry, can you expand on your hesitation here? Is it just the travel involved?

It's partially taking another bar exam at my age. No real interest in that, but that's not a big deal in the grand scheme of things. I just really don't want to.

It's also partially the travel.

But also just general fear about completely changing my focus and practice to be in another state. I've always pro hac'd into other states throughout my career, and just used local counsel for the procedural crap - and in Louisiana I've really done almost every kind of law. This feels way outside my comfort zone, to get admitted into a common law jurisdiction and just practice in a very specific area. I just feel uneasy and want to know if I'm just generally uneasy because it's new, or if someone here has done this sort of thing before.

Can't do each one as pro hac vice?

5 max per twelve months. If I were a Mississippi attorney already, I'd be filing a dozen next week.

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Henry, can you expand on your hesitation here? Is it just the travel involved?

It's partially taking another bar exam at my age. No real interest in that, but that's not a big deal in the grand scheme of things. I just really don't want to.

It's also partially the travel.

But also just general fear about completely changing my focus and practice to be in another state. I've always pro hac'd into other states throughout my career, and just used local counsel for the procedural crap - and in Louisiana I've really done almost every kind of law. This feels way outside my comfort zone, to get admitted into a common law jurisdiction and just practice in a very specific area. I just feel uneasy and want to know if I'm just generally uneasy because it's new, or if someone here has done this sort of thing before.

Can't do each one as pro hac vice?

5 max per twelve months. If I were a Mississippi attorney already, I'd be filing a dozen next week.

And I assume no reciprocity since it's a common law state?

I guess if I were in your shoes I would go for it. Practices naturally change over time, if these dry up I bet you find something else. And why not win some satisfying cases while you can?

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As a general rule, fee-shifting with respect to referrals is not permitted in the state of NY. This is generally speaking thought of as the "no referral fee" rule.

What say the board about this scenario.

We are looking into buying a sole practitioner's practice. For the past 6 years, he has been sharing office space and listed as “of counsel" on our stationery, but generally speaking, does his own thing with his own clients.

We have drafted an agreement whereby he tells his clients that effective a certain date, that the work he previously handled will now be handled by our firm, unless the client specifically advises to the contrary. Under this arrangement he will be paid a certain percentage for the work performed for these clients going forward (we are in the intellectual property business, so there will presumably be ongoing and maintenance work) for a fixed period of time after the execution of the agreement. During this time period he will be listed as "of counsel" to the firm and will be available for consultation as needed, although I will be doing the work.

The gentleman who is retiring has indicated that in the event that he dies during the fixed period where we will be paying him for work performed for his clients, that his heirs be paid the agreed upon percentage. Is this ethical? My initial thought was no because the argument upon which we were agreeing to pay him a certain share was predicated on his “of counsel” status making him available for consultation, if needed. If he is dead, he obviously can no longer be of counsel, nor available for consultation. As a result, would the continued payment to his heirs act as unethical fee shifting to a party not performing work?

An obviously solution would be to just cut the guy a check in advance, but I do not perceive that this option would be desirable to either party for a variety of reasons (we would be guessing low on future billables, and further, we would not want to write a speculative big check).

Any thoughts?

Edited by Ned Ryerson
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On the other hand, I interviewed a single mother with two black eyes, two subdural hematomas, a broken nose, and a severely beaten child with cerebral palsy who was crying and thanking me and saying that yesterday felt like the best day of her life because I said I'd think about taking her case. How do you not try to help someone like that?

I guess we're past the days of DeShaney v. Winnebago County, at least.

Had that case in our LRW curriculum. No other thoughts, just decided to share.

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Henry, can you expand on your hesitation here? Is it just the travel involved?

It's partially taking another bar exam at my age. No real interest in that, but that's not a big deal in the grand scheme of things. I just really don't want to.

It's also partially the travel.

But also just general fear about completely changing my focus and practice to be in another state. I've always pro hac'd into other states throughout my career, and just used local counsel for the procedural crap - and in Louisiana I've really done almost every kind of law. This feels way outside my comfort zone, to get admitted into a common law jurisdiction and just practice in a very specific area. I just feel uneasy and want to know if I'm just generally uneasy because it's new, or if someone here has done this sort of thing before.

You'd have to take an actual bar exam? Blech.

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On the other hand, I interviewed a single mother with two black eyes, two subdural hematomas, a broken nose, and a severely beaten child with cerebral palsy who was crying and thanking me and saying that yesterday felt like the best day of her life because I said I'd think about taking her case. How do you not try to help someone like that?

I guess we're past the days of DeShaney v. Winnebago County, at least.

Way past. Now imagine that DSS had taken a second kid from the mother and handed the kid directly over to the father, despite the previous kid being beaten to death. Or to a foster family run by a father being currently prosecuted for child rape. Or just lost track and has no idea where the child was placed.

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It almost sounds like you think success is so certain that you'll be pulled into these cases all the way -- like there's no option to just dabble and keep your LA practice going?

Gobs of money protecting people who really need it and sticking it to powerful miscreants when literally no else will take the case makes me want to go to law school. That's a lot of high notes.

It would probably be 5-6 years' worth of dozens of cases - I'd still keep practicing in Louisiana, but it would be much more than dabbling.

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How hard is it to pass the bar in Mississippi anyway? You got to buy a DVD set of Matlock and you're in, right?

True story - another attorney in my office (which is who I use for pro hac work in Mississippi) is admitted to the bar because he had a young associate who was nervous about taking the Mississippi bar about 20 years ago. So he drove the kid over, locked them both in a hotel room for a weekend with Barbri books, and took the Mississippi bar that Monday, just as a show of solidarity.

He passed, so he's been admitted in Mississippi ever since. Said it was a joke compared to Louisiana.

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Questions for anyone who does and trusts and estates work. Here's the scenario: a friend's parents wants to do their estate planning. They have two biological adult children, and they're in the process of completing the adoption of a 5-year-old niece. The parents want to split their assets something like 40-40-20, with the 20% going to the not-yet-adopted niece. They also want to put the 20% in a trust for the 5 year old.

For whatever reason, they've decided that they don't want to hire a lawyer; instead, they got a Suze Orman DIY estate-planning kit. I've convinced them to talk to a lawyer, but they're firm in their belief that they only want to go to a lawyer who will give the proposed documents a quick glance, because they don't want to pay for more than that. So, here are my two questions.

1. What are the odds that they'll be able to create their ideal estate plan by using a DIY kit? My thought was that this was a recipe for disaster, particularly because it's not a straightforward and even dispersal.

2. Would any lawyer be willing just to glance over a DIY document, or are they going to say that they need to write the whole thing from scratch?

1. This is a recipe for disaster. Trusts are complicated and state specific nuances are important.

I've litigated numerous estate problems. It's rare when the problem arises from am attorney prepared will and plan.

2. I would kick them out of my office. There 8 no chance I review a kit estate plan and sign off on it. I might as well give them the contact number to my malpractice carrier as they leave.

People who have detailed estate plans and ideas that try to save money on kits and online forms are idiots. And the attorneys that overcharge for estate documents are scum. But there is a comfortable middle. They need to call around. Maybe even see if the local community college does estate planing classes for seniors and go and listen to one and meet the attorney that hosts it.

Thanks, that's what I was thinking.

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Well Henry I would do it. I couldn't turn away. But then I have am overdeveloped sense of justice or so I've been told. Old boys need their tree ahaken it appears and I know you will bring them to heel.

Opposing counsel on my test case has no idea about all this, and recently said "I can't wait until this ####ing case is over. I hate this ####ing case."

Bad news, big guy...

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Well Henry I would do it. I couldn't turn away. But then I have am overdeveloped sense of justice or so I've been told. Old boys need their tree ahaken it appears and I know you will bring them to heel.

Opposing counsel on my test case has no idea about all this, and recently said "I can't wait until this ####ing case is over. I hate this ####ing case."

Bad news, big guy...

Take'em to the cleaners.

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Henry - do it. And don't look back. I know you've posted about a pro-bono thing that recognized you. You obviously have the heart to try to help people that really need help and not just do this job for the money. If there is a need somewhere that you are capable of handling then do it. And don't look back. It sounds like what you are envisioning isn't just going to help your client(s) but might in the end help thousands more that you don't even know about. That is what us religious people call a "good thing." Do the good thing.

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Yeah, I thought the same. I was also amused by the fact that the author seems to be someone who travels around giving lectures and speeches about this topic, so ironically, I'm not sure she is the best person to opine on how hard it is to be a lawyer.

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Is there anything more annoying in the law than having to sit around and wait for a medical review panel decision? WE KNOW YOU WILL DECIDE THERE WAS NO MALPRACTICE, JUST LET ME GO HOME.

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Is there anything more annoying in the law than having to sit around and wait for a medical review panel decision? WE KNOW YOU WILL DECIDE THERE WAS NO MALPRACTICE, JUST LET ME GO HOME.

I can tell you about the multiple criminal trial that I am sitting in on as advisory counsel that's currently going on. I'd put that up there.

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Is there anything more annoying in the law than having to sit around and wait for a medical review panel decision? WE KNOW YOU WILL DECIDE THERE WAS NO MALPRACTICE, JUST LET ME GO HOME.

Doctors need to do a better job policing their ranks.

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For the same client I am "fighting" with:

Wells Fargo

Department of Veterans Affiars

Social Security Administration

Internal Revenue Service

Each of them screwed something up. Each of them is costing my client dearly as a result. Each of them couldn't care any less if they tried. Dealing with just one of them requires a level a patience and internal humor that I simply do not have without my buddy Jack hanging out with me. Given that my profession requires me to not be drunk at work, that isn't an option.

This is absolutely going to be a hate my job type of day. I might post stories of humor an anguish as a result....

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For the same client I am "fighting" with:

Wells Fargo

Department of Veterans Affiars

Social Security Administration

Internal Revenue Service

Each of them screwed something up. Each of them is costing my client dearly as a result. Each of them couldn't care any less if they tried. Dealing with just one of them requires a level a patience and internal humor that I simply do not have without my buddy Jack hanging out with me. Given that my profession requires me to not be drunk at work, that isn't an option.

This is absolutely going to be a hate my job type of day. I might post stories of humor an anguish as a result....

We're here for you

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I finally argued a case that was press-interesting enough for there to be an artist sketch of me arguing in court next to my client. It's pretty cool. I look about 10 years older but 30lbs lighter. I'll take it :thumbup:

This job grinds a whole lot, but it has been a kick-### year for sure. :thumbup:

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I finally argued a case that was press-interesting enough for there to be an artist sketch of me arguing in court next to my client. It's pretty cool. I look about 10 years older but 30lbs lighter. I'll take it :thumbup:

This job grinds a whole lot, but it has been a kick-### year for sure. :thumbup:

She probably was drawing you without the aid of one of those circus mirrors you have in your bathroom.

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Looking for feedback on my options here.... in the interest of brevity I'll provide a quick hit-list of facts and can flesh out as needed.

BACKGROUND:

• Purchased 2010 Hyundai Genesis Jan '15
• Couple instances of brake pedal going to floor briefly.
• Last Wed, it goes to floor and nearly causes me to rear-end someone.

• Quick search indicates Recall on brake fluid. Consumers press on the actual issue (corrosion of brake control unit due to incompatible fluid), Hyundai is slow to react and fined by the government. They eventually agree to "inspect the HECU" while replacing the fluid.
• Common sense indicates once the brakes have begun failing, corrosion has occurred. Swapping fluid may halt further corrosion, but does not repair that which exists.

• Many online forums have threads tracking instances... it's common. It's intermittent at first then increasing in severity until the unit fails completely.
• Replacement cost of the unit, with labor, runs $2-3k

MY EXPERIENCE:
• Car dropped at dealer Wed. They take a couple days to perform service. I repeatedly state I want the ECU replaced. They agree to (nonbinding, I'm aware) repeatedly.
• Upon Pickup.... ECU not replaced. It passed some test (duh, it's an intermittent prob) so it can't be replaced without Hyundai signing off.
• I file NHTSA report on complaint and share report # with tech guy who shares it with hyundai. No luck.
• I let them keep car over holiday weekend to attempt to replicate the problem. No luck (again, intermittent problem).
• Hyundai corporate calls me and tells me to pound sand, nothing they will do.

I'm obviously NOT comfortable signing anything that absolves them of any liability for repair or consequences of failure. I'm guessing signing off on the recall work being performed will do just that.

What options, if any, do I have here?

Edited by [icon]
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So I take you are no longer recommending the Genesis? I was thinking about getting one later this year.

LOVE LOVE LOVE The car. HATE how they're handling this issue.

IMO if the car hasn't exhibited the failure yet and you perform the recall service, I'm guessing it will never exhibit the issue (no corrosion). From what I understand, any car manufactured after July 2010 should have a new HECU that no longer is sensitive to the DOT3 fluid and shouldn't have any issues.

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Looking for feedback on my options here.... in the interest of brevity I'll provide a quick hit-list of facts and can flesh out as needed.

BACKGROUND:

Purchased 2010 Hyundai Genesis Jan '15

Couple instances of brake pedal going to floor briefly.

Last Wed, it goes to floor and nearly causes me to rear-end someone.

Quick search indicates Recall on brake fluid. Consumers press on the actual issue (corrosion of brake control unit due to incompatible fluid), Hyundai is slow to react and fined by the government. They eventually agree to "inspect the HECU" while replacing the fluid.

Common sense indicates once the brakes have begun failing, corrosion has occurred. Swapping fluid may halt further corrosion, but does not repair that which exists.

Many online forums have threads tracking instances... it's common. It's intermittent at first then increasing in severity until the unit fails completely.

Replacement cost of the unit, with labor, runs $2-3k

MY EXPERIENCE:

Car dropped at dealer Wed. They take a couple days to perform service. I repeatedly state I want the ECU replaced. They agree to (nonbinding, I'm aware) repeatedly.

Upon Pickup.... ECU not replaced. It passed some test (duh, it's an intermittent prob) so it can't be replaced without Hyundai signing off.

I file NHTSA report on complaint and share report # with tech guy who shares it with hyundai. No luck.

I let them keep car over holiday weekend to attempt to replicate the problem. No luck (again, intermittent problem).

Hyundai corporate calls me and tells me to pound sand, nothing they will do.

I'm obviously NOT comfortable signing anything that absolves them of any liability for repair or consequences of failure. I'm guessing signing off on the recall work being performed will do just that.

What options, if any, do I have here?

Go stand in their showroom on a busy day and tell everyone who walks in what happened. Dealership sold him a car that had been in the canal. It caught fire as we were leaving the dealership. They said he was stuck because he had driven the car off the lot. I said OK. I stood at the door of their showroom and told people what happened. An hour later we were driving away in a different car.

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Looking for feedback on my options here.... in the interest of brevity I'll provide a quick hit-list of facts and can flesh out as needed.

BACKGROUND:

Purchased 2010 Hyundai Genesis Jan '15

Couple instances of brake pedal going to floor briefly.

Last Wed, it goes to floor and nearly causes me to rear-end someone.

Quick search indicates Recall on brake fluid. Consumers press on the actual issue (corrosion of brake control unit due to incompatible fluid), Hyundai is slow to react and fined by the government. They eventually agree to "inspect the HECU" while replacing the fluid.

Common sense indicates once the brakes have begun failing, corrosion has occurred. Swapping fluid may halt further corrosion, but does not repair that which exists.

Many online forums have threads tracking instances... it's common. It's intermittent at first then increasing in severity until the unit fails completely.

Replacement cost of the unit, with labor, runs $2-3k

MY EXPERIENCE:

Car dropped at dealer Wed. They take a couple days to perform service. I repeatedly state I want the ECU replaced. They agree to (nonbinding, I'm aware) repeatedly.

Upon Pickup.... ECU not replaced. It passed some test (duh, it's an intermittent prob) so it can't be replaced without Hyundai signing off.

I file NHTSA report on complaint and share report # with tech guy who shares it with hyundai. No luck.

I let them keep car over holiday weekend to attempt to replicate the problem. No luck (again, intermittent problem).

Hyundai corporate calls me and tells me to pound sand, nothing they will do.

I'm obviously NOT comfortable signing anything that absolves them of any liability for repair or consequences of failure. I'm guessing signing off on the recall work being performed will do just that.

What options, if any, do I have here?

Go stand in their showroom on a busy day and tell everyone who walks in what happened. Dealership sold him a car that had been in the canal. It caught fire as we were leaving the dealership. They said he was stuck because he had driven the car off the lot. I said OK. I stood at the door of their showroom and told people what happened. An hour later we were driving away in a different car.

:lol:

Sadly I didn't buy the car from them. The dealership I did buy it from (used) is far away. These guys were just the dealership whith whom Hyundai made an appointment for me when I called.

Also, it seems the dealership won't be reimbursed by Hyundai for this repair if they do it.... which means they'll be eating the cost. From what I've read, that's true. Though they did test drive it, meaning if they stretched the truth to say the vehicle presented brake softness/failure, Hyundai would have covered the repair.

Partially I'm nervous about the brakes failing again, but mainly I'm a little wary of signing anything showing this work as "complete" then having no recourse if this thing fails again/completely. Given the way they're handling this, I'd like to keep my legal options open vs Hyundai if this fails again and I run into someone.

Edited by [icon]
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I just finished five days worth of being advisory counsel for a guy charged with ten varying counts of child molest. Obviously it was a slow train wreck and the guy represented himself horribly (I'm actually pretty confident I could have won his trial had he kept counsel), but from a psychological prospective it was absolutely fascinating to see somebody with these inclinations explain the behavior.

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I just finished five days worth of being advisory counsel for a guy charged with ten varying counts of child molest. Obviously it was a slow train wreck and the guy represented himself horribly (I'm actually pretty confident I could have won his trial had he kept counsel), but from a psychological prospective it was absolutely fascinating to see somebody with these inclinations explain the behavior.

http://media.giphy.com/media/ToMjGpz81S7usvTIM8w/giphy.gif

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But were they just because you got all the ridiculous tack ons dropped, which are there for bargaining purposes, or because they were truly just?

The BS tack on charges brought in an attempt to force a plea agreement is what I just can't tolerate about the criminal justice system in America. And that is coming from someone who used to work as a federal prosecutor at the U.S. Attorney's office. Also, someone who has had numerous BS charges brought against them to try to force a plea ageement (i.e., loitering, prowling, felony resisting arrest, etc.).

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I just finished five days worth of being advisory counsel for a guy charged with ten varying counts of child molest. Obviously it was a slow train wreck and the guy represented himself horribly (I'm actually pretty confident I could have won his trial had he kept counsel), but from a psychological prospective it was absolutely fascinating to see somebody with these inclinations explain the behavior.

http://media.giphy.com/media/ToMjGpz81S7usvTIM8w/giphy.gif

In short, there is some serious internal belief that they are some ultimate hero and savior for the children. In this particular case, there was a ton of blaming the victim's immediate family for not "helping" her, blaming the victim for eliciting the behavior, and a lot of irrelevant input describing all the wonderful things the offender did for the victim.

For example, in this trial when the defendant was testifying (which he did for six straight hours), he was explaining some irrelevant event where he tried to help this girl with her homework or something and she didn't want his help, and he literally fell to the ground sobbing and cried for several minutes. He also testified very descriptively and in great detail about his first time meeting the victim (e.g. he recalled which leg she crossed her legs with) and could recall exact dialogue and recited it in call and answer form. I'd note the facts of the case occurred way back in 2009. But the absolute conviction and belief this guy recounted the whole "story" convinced me that he really believed this fantasy. Others seem to exhibit this same tragic hero belief as well.

The sheer legal irony of the situation is that the state's case on its face was really incredibly weak. There was no corroborating physical or eyewitness evidence, disclosure was made pretty long after the fact, the victim made numerous inconsistent statements, and the victim initially testified on direct that she really didn't remember anything and the prosecutor had to prior it out of her by using some scratch notes the victim had written in 2009 to refresh her recollection. She also opened the door for some serious impeachment by making statements which were in direct contrast from recorded statements back in 2009. Yet the judge (who was the finder of fact in this case because the defendant's first decision as a pro se litigant was to waive a jury) ultimately found that the defendant's statements and mannerism in testifying were so far out there that it basically lent credence to the victim's testimony and firmly convinced him of guilt.

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Yeah, I thought the same. I was also amused by the fact that the author seems to be someone who travels around giving lectures and speeches about this topic, so ironically, I'm not sure she is the best person to opine on how hard it is to be a lawyer.

I liked the first six. These not so much save for the one about not being rich. Too many of my friends and family assume I'm absolutely loaded, even when I was a public defender making 50k/year and paying over a grand per month in student loans.

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