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thegman
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 Posted: 04/03/03 - 10:20 Post subject: Amnesty thread: Ask a lawyer.
By request from several of you out there. Fire away.
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elkid
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Posted: 04/03/03 - 10:26 Post subject:
Do lawyers actually work for all the hours they bill? Or is it, work 5 minutes on a case, bill in quarter hour increments?
What specialty offers the greatest job security?
What's the statute of limitations on borrowed money (as in, if I had hypothetically borrowed money a few years ago, how many years does the borrowee have to pursue it under the law?)?
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rubberlegs
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Posted: 04/03/03 - 10:28 Post subject:
At what point did your soul actually leave your body? Was it upon entering law school or passing the bar?
(disclaimer: all in fun  )
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thegman
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Posted: 04/03/03 - 10:38 Post subject:
| rubberlegs wrote: | At what point did your soul actually leave your body? Was it upon entering law school or passing the bar?
(disclaimer: all in fun ) |
During law school. We got credit for it.
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thegman
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Posted: 04/03/03 - 10:54 Post subject:
| elkid wrote: | Do lawyers actually work for all the hours they bill? They're supposed to. I have no doubt there are abuses, though.
Or is it, work 5 minutes on a case, bill in quarter hour increments? The smallest increment of billing I've ever seen are six minute blocks. Some firms bill in quarter hours at a minimum, so if they work 5 minutes, you get hit for 15. While it isn't illegal, it's unethical IMO.
What specialty offers the greatest job security? Hmmm. Lots of areas are good, but the first that comes to mind is domestic relations work. You'll always have business. Getting paid, however....
What's the statute of limitations on borrowed money (as in, if I had hypothetically borrowed money a few years ago, how many years does the borrowee have to pursue it under the law?)? It depends. (How's that for an answer?) Was there a written agreement or an IOU? Statutes of limitation are established by state laws, which would be easy to figure out, but I need more information. |
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jrjo
Gone Fishin
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Posted: 04/03/03 - 11:05 Post subject:
Can I write my will on the back of a napkin and it be legal?
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elkid
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Posted: 04/03/03 - 11:07 Post subject:
| thegman wrote: | | elkid wrote: | | What's the statute of limitations on borrowed money (as in, if I had hypothetically borrowed money a few years ago, how many years does the borrowee have to pursue it under the law?)? It depends. (How's that for an answer?) Was there a written agreement or an IOU? Statutes of limitation are established by state laws, which would be easy to figure out, but I need more information. |
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Let's say, again hypothetically, that I were to have borrowed some money from an ex-boyfriend in college (about 12 years ago) to pay my tuition. No IOU, no paper trail as it was cash. Then say after making several good faith payments I discovered out he was cheating on me, after all the mental and emotional abuse he had inflicted. Then say he had been stealing from me, and hocking my things he didn't like lying around his apartment (or my dormroom, for that matter) for the 3 years we were together (while the value was not as big as the original loan, it was substantial). PA state laws applied.
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purple hayes
Frightened Inmate #2
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Posted: 04/03/03 - 11:08 Post subject:
| elkid wrote: | | Let's say, again hypothetically, ... |
Please,  we all know that this happened to your best friend's sister. 
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thegman
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Posted: 04/03/03 - 11:09 Post subject:
| jrjo wrote: | | Can I write my will on the back of a napkin and it be legal? |
Yes. It might be challenged in probate, but it's valid. I actually recall reading of a case of a man who wrote his will on a mirror in lipstick, and it was found to be a valid testament.
(edited to unbold)
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purple hayes
Frightened Inmate #2
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Posted: 04/03/03 - 11:14 Post subject:
What % of lawyers are good upstanding people and what % are of the un-savory type?
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thegman
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Posted: 04/03/03 - 11:22 Post subject:
| elkid wrote: |
Let's say, again hypothetically, that I were to have borrowed some money from an ex-boyfriend in college (about 12 years ago) to pay my tuition. No IOU, no paper trail as it was cash. Then say after making several good faith payments I discovered out he was cheating on me, after all the mental and emotional abuse he had inflicted. Then say he had been stealing from me, and hocking my things he didn't like lying around his apartment (or my dormroom, for that matter) for the 3 years we were together (while the value was not as big as the original loan, it was substantial). PA state laws applied. |
I'd venture you're safe. Without a written instrument, there isn't much for him to go on. Most states have a brief SOL for an oral agreement, usually no more than 2 years. I have no knowledge of the PA statute, but I'll eat my new car if it's not outside the statute by now.
The only additional information I'd need is the last time you made a payment to him. This could bring you back within the SOL, but I doubt it. The fact that he was selling your stuff and pocketing the money could be considered accord and satisfaction.
Is the ex threatening action? If so, a letter to him from a local attorney would "clarify" matters for him.
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Sahara
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Posted: 04/03/03 - 11:23 Post subject:
What's the best way to choose a lawyer? What criteria should be used?
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thegman
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Posted: 04/03/03 - 11:29 Post subject:
| purple hayes wrote: | | What % of lawyers are good upstanding people and what % are of the un-savory type? |
Tough to say. I would venture the ratio's about like it is for car salesmen and auto mechanics. The bad ones always get the spotlight, and the good ones go unnoticed.
Many of my law school classmates were smarmy. Or jackasses. Or stupid. But there were just as many that were good folks I would want representing me if I got in a pinch.
A lot of lawyers I know make the effort to make themselves unapproachable and think they're above mainstream society. They put their pants on the same way we all do, though.
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akern
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Posted: 04/03/03 - 11:39 Post subject:
What about family law?
I got one for ya:
About a year and a half ago we got full custody of my step-daughter. Her mom willingly gave up custody on the condition that she did not have to pay child support. Hubby agreed to that and it was all legalized in court.
At that time her mother said she could not afford to pay anything, they had just filed for bankrupcy(sp?) yada, yada.
So we find out recently that both her mom, and hubby have gym memberships, vacationed in Florida, last time she came to visit she had rented some schnazzy car. She doesn't have money for child support but does for all of these things?
We've considered taking her to court to see if we can get some child support, but don't know if anything would happen since hubby did sign an agreement saying she didn't have to.
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thegman
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Posted: 04/03/03 - 11:41 Post subject:
| Sahara wrote: | | What's the best way to choose a lawyer? What criteria should be used? |
It depends on what kind of work the lawyer will be doing for you.
If you're going without a reference from someone, the best first step to take is to call your state's Bar Association. You can tell them what you're looking for and they can probably fax a list of lawyers in the area that do the type of work you need done. The Bar is also a good place to inquire if your lawyer has ever been disciplined for misconduct, etc.
You can also check the Martindale/Hubble law directory at www.martindale.com which will give you ratings for lawyers in your area.
One thing you shouldn't do, IMO, is use a lawyer off of a TV ad if you have a personal injury or workers' comp claim. Their focus is settlement, settlement, settlement, which may not be in your best interests.
Remember that the lawyer works for you. Any lawyer worth their salt won't charge you a dime for a preliminary interview. Set up a meeting with him or her, and decide if you feel comfortable with that person doing the work for you.
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