Ask MetaFilter questions tagged with law

Farm equipment on public roads?

Protocols of the Elders of Sockpuppetry — Fri, 17 May 2013 10:48:08 -0800

What are the laws about driving farm equipment on public roads? I live in a semi-rural area of California and drive on county-maintained roads through farmland on the way to work.

This time of year there is always farm equipment operating, plowing, planting, harvesting, etc. Oftentimes the road is littered with huge clods of dirt or rocks - big enough to dent my car's bumper, which has happened; and sometimes the farm equipment is just driving on the roadway, holding up traffic and belching foul diesel exhaust. These tractors don't have license plates or orange 'slow vehicle' triangles. (Once on an unlit 70-mph section of Highway 101 at midnight, I nearly hit a combine, which was traveling at 20 mph, half on the slow lane, half off-road in the dirt shoulder; no lights, no license plate, nothing.)

Are these drivers breaking the law, or is there an exemption for farm equipment?

I have no practical reason for wanting to know; I'm not going to report them to the cops; I just want to know whether my mild annoyance is legitimate. Best answer will probably link to a section of US or California legal code.

Did My Education Creditor Forget I Owe Money?

matt_arnold — Thu, 16 May 2013 10:11:24 -0800

I went back to school to get some certificates. During the two years since I finished, I have never received even one invoice for my education debt. I have not been contacted in any way. I can't even figure out who I owe money to. Am I going to be in trouble? I moved, but my former roommate assures me he gives me all the mail that arrives for me, and he has been on the lookout for this specific type of mail.

What's going on? Is this a problem? Am I obligated to keep hunting this down? Can I contest any compound interest and late fees on the grounds that they failed to let me make payments?

Is it legal for a job to not allow employees to take breaks?

TwilightKid — Thu, 09 May 2013 06:08:18 -0800

I work in a house that has been designated as a group home for 5 disabled adults. The program/company is funded for by the state. I am an hourly employee who works a full 40 hours (plus up to 10-15 hours of overtime @ time and a half many weeks). My checks include deductions in all the proper taxes and stuff that any job would withdraw from. It's a full on legit job. My responsibilities include: preparing meals, helping with laundry, play games with, proper care for the 5 residents, organizing outings into the community, etc....In a sense, it can be looked at as a glorified babysitting job. There is a lot of downtime where when, the work around the house is done and all odd jobs are complete, we sit around and watch TV or movies, read a magazine, and basically chill. I'd guess that in a 40 hour work week, at least half that time is down time.

There are rules in place though where we are not allowed to leave the home, unless we bring one of the residents with us. We often take them grocery shopping, to the park, to the mall or movies; just basically helping them interact with society. All part of the job. While it isn't addressed in the employee handbook, it was kind of explained to me (under the table), that as long as you bring a resident with you and perform an activity that benefits them, this is the time where you can kind of run quick errands (the bank, the post office, etc...)

In our 40 hour work week, it was explained to me that this is considered our breaks. Most shifts have 2 people working them, so if one person goes out with a resident or two, there is another person at the house watching the other residents. In a nutshell, I am not entitled to a one hour break if I work an 8-12 hour day, nor am I allowed to leave for a 15 minute break (on my own) for a shorter day I may be working (4-5 hours)....

I was brought into the job by a close friend who manages the home. i read the employee handbook where this isn't addressed.....I asked him (the manager) about it and he explained that since the job has so much downtime (which I get paid hourly for), that counts as our breaks, and therefore why they company does not need to legally allows us to have our own free time over a course of a shift....It is frowned upon severely to run any personal errands (with a resident) while out, and can result in and up to termination, I was told that , that un-officially is our time to ourselves, and to proceed with our personal errands with caution...I am not a smoker, but smoke breaks are allowed outside of the home on the patio or deck, where access to the residents are still close by and issues can be dealt with...

My issue is, is this legal? How can I work an official 40 hour full time state funded, tax taken job, and not be entitled to breaks....I am in NJ....I don't know the specifics of the law, but in an 8 hour shift, shouldnt I legally be entitled to a one hour break and several 15 minute breaks, where I can leave the property at will? If I work a 4 hour shift, aren't i entitled to a 15 minute break or something? I was told that since, I am sitting around watching tv, or playing on my phone, or reading a book half my shift, that they do not need to provide me with a lunch or dinner hour, etc...

There is a shady management staff (IMO) in place and from the 7 months I have been with this company, I have heard stories of other employees being 'pushed out' of the job if you question or cause any ruffles in the feathers. Most employees in the 12-15 group homes spread out across NJ speak with each other, and share stories of someone who 'pissed off' the wrong member of management, and eventually was either let go for a totally 'random' reason....

This job is not a long term gig for me. I was in a lurch and took the job. I do it well, but I am on the search for a better career option. i am not looking to cause waves, but upon my leaving this job, I want to find out my legal rights about this.....If I am entitled to these breaks over a 40-50 hour work week, then do I have any recourse to sue the company for back pay....I'll have pay stubs showing the exact amount of time I have put in....Could this turn into a class action suit with every current and former employee for back pay?

Or , is there a legal loophole in this job field that supersedes the law and they can legally run the operation like this? I don't think because of the abundance of downtime on the job which I am being paid for supersedes my legal rights either.

This is about my legal rights..Trust me, I feel lucky in some slight manner that I am not having to do heavy physical exhausting work. It is a somewhat enticing proposition to get paid to basically hang out.....I understand that, however.......

Thanks!

Rules for Russian visa: going someplace else

2uo — Tue, 07 May 2013 10:23:17 -0800

I have applied for a Russian visa, naming hotels in Moscow and St. Petersburg. Now I might want to visit Nizhny Novgorod, but since it's quite a bit away from Moscow, I'd take a hotel there for a night. Am I allowed to do that? Or would I have had to put it on the visa application, and without it I risk serious trouble?

Law Filter: Please help me find a case on pacer.gov

ezekieldas — Mon, 06 May 2013 11:13:35 -0800

I am aware of two civil cases that I'd like to find more information on. I am aware of two civil cases that I'd like to find more information on. One I have seen an official docket (and could probably find again), the other all I have are the parties names. Both are against an individual Bikram Choudhury. One from Sarah Baughn, the other Pandhora Williams.

I have a pacer.gov account and from the front page I choose 'find a case' -> 'case locator' -> 'all courts' -> 'party name' I have tried all variations here and I'm not getting anything. I see older cases that involve the same Bikram Choudhury but none of these more recent ones.

Am I using the wrong resource? Is there something I'm not selecting properly?

This question is not intended to solicit legal advice. I am not directly involved with any of the parties noted here.

Using Fictional Planet Names in a Computer Game

BeeDo — Mon, 29 Apr 2013 11:59:54 -0800

I'm working on a computer game, and I need names for about 8000 planets. Wikipedia has these great lists of "fictional planets in science fiction" and such. What is the legal and accepted ethical practice towards re-using these names? I know I've personally seen several examples of "Dune" and "Arrakis" show up in games that I've played. I've never seen a "Tatooine" or "Coruscant" outside of Star Wars, though. Is that just a difference in the litigiousness of the estate? Or is the use of Dune breaking the law? Or is the non-use of Tatooine just because people are scared of the Lucas Lawyers, without cause? Or do people write the Herbert estate and ask to use Dune in their game?

I know You Are Not My Lawyer, You Are Not Giving Legal Advice, and Raxicoricofallapatorius because that's just a great word.

Calm, cool, and collected.

donmateo — Wed, 24 Apr 2013 12:04:23 -0800

I would assume that a company has a legal obligation to notify a consumer of outstanding charges on his or her account in a timely manner – namely, before sending that account to collections. Is this so? Can you direct me to the specific Federal or local (Massachusetts) statutes that establish this obligation? After I closed my Dish Network account in 2011, the return kit for their equipment (such as it was) never arrived. I foolishly assumed that if they actually wanted the equipment, I would hear from them. Two months later, having moved across the country, I paid a final bill for my early termination fees (received, like all my previous bills, via email) and never heard from them again.

Fast forward to January 2013, when I finally did hear something – from the collections agency Afni, Inc. Notably, this notice was given to me after the account was given “placed for collection” status with the credit reporting agencies.

After several certified letters, some recorded phone calls, and some squeaky-wheeling on twitter, the equipment has now been returned, along with $17 for the privilege of returning it. So we're square right? Wrong. The black mark on my credit record, regardless of having been paid, would remain there for 7 years. That is unacceptable.

Had I been notified of the charge when it was placed on my account, I would have taken care of the whole situation at that time. Dish could claim that I ignored the bills, but my gmail account – and everything else about my bill-paying habits during the relevant period – tell a different story.

I do not dispute the cause or legitimacy of the charges, and they have now been fully paid. Under the law, can I really be held responsible (and for seven long years) for a debt that I was never given a fair chance to pay when it was due?

What is someone capable of doing if they obtained my SSN and other info?

Mudskipper — Sat, 20 Apr 2013 09:28:14 -0800

What kinds of things can someone with nefarious intentions accomplish with my information if they obtained it? What kinds of ways would I go about monitoring or detecting possible misuse of this info? I was recently threatened with this from her current man-friend after leaving her a simple "glad you're doing well" message on FB, if I ever try to contact her again. He obtained the info from "paperwork" of which may be from my last job (he is likely a member of the same small community that owns the business). Anyway, I don't plan on contacting her again but not from this assface's threats, simply because I'm sure she was there too and it hurt my feelings. Just wondering what kinds of things he could accomplish if he wanted to....

Help me prepare to talk to a real estate lawyer.

OmieWise — Tue, 16 Apr 2013 08:42:41 -0800

I will be seeking a consultation with a real estate lawyer to talk about an issue with my property line which is the side of my house. Unfortunately there is a negative gradient and a lot of water coming onto my property (and into my basement) from the adjoining property. I have an easement for "ingress & egress" on that property. The landowner there has not responded to my repeated requests to correct the negative gradient. In the 1940s, a previous landowner on that side actually sold the then owners of my house the land under my chimney, which was originally on their land. The foundation wall on that side of my house has been replaced in the past, likely due to hydrostatic pressure against that wall.

My ideal solution would be to purchase the strip of land between my house and the easement (2.5'), but my immediate concern is finding a way to correct the negative gradient and stop (some of) the water infiltration.

I live in Maryland, and would like to speak intelligently about this to whatever lawyer (feel free to recommend one) I end up consulting.

OS X legal billing software

DavidNYC — Wed, 10 Apr 2013 09:16:59 -0800

Looking for an OS X equivalent of Legal Billing from Chaos Software, or just any good law firm billing software package for Mac. Specific requirements inside. 1) Some sort of clickable timer for keeping track of separate billable matters.

2) A simple interface.

3) Timesheets easily exportable to Excel.

4) Cheap! This is for a paralegal in a solo practitioner's office.

I've used (and liked) Chaos's Legal Billing in the past, but it's Windows-only and I've since made the switch to Mac. Any suggestions for a replacement would be greatly appreciated.

Photography Law in Washington State

artof.mulata — Tue, 09 Apr 2013 20:32:07 -0800

I'm looking for a listing of all laws and statutes relating to photography in Washington State, especially King County/Seattle. There is a notice posted in Seattle's Department of Executive Administration front office that says no photos, audio, or video recording is allowed. I'm trying to find if there's a legal basis behind this notice. Are there parts of city offices where it is legal and parts where it isn't to photograph a city worker or the office itself?

Deciding to transition away from the legal profession-- too soon?

spicytunaroll — Tue, 09 Apr 2013 20:26:02 -0800

I'm a law student in Ontario, just about done 2 years out of 3. I absolutely hate the academic aspect of it, and I'm pretty miserable. I didn't particularly enjoy the practice experiences I've had either, at 3 different legal-aid type clinics working as a student in family law, criminal law, and landlord/tenant matters. I have invested a lot of money into pursuing this law degree. Should I be giving serious thought to finding something else to do with my life as soon as I graduate, or should I stick it out and work my hardest to try to get a paying job in the legal profession, in the hopes that I will be able to pay off my student loan debt? I'm a law student, who is almost done 2 years of law school in Ontario (2 weeks left).

I guess I'm one of those typical students who went to law school after getting a BA in Humanities, probably for all the wrong reasons. During undergrad, I wanted to go into teaching and I actually spent high school and undergrad working towards that goal. However, by the time I graduated, it turned out there was suddenly a critical oversupply of teachers in Ontario. So I took off 2 years to really think about what I wanted to do, and try to pay off my undergrad student loan debt. I graduated in the midst of that big recession which is, as far as I know, still going on. I worked some part-time service jobs (think barista, cashier, receptionist), then applied to more school. I also did some personality and career testing. I always come out as an ENFJ in the Myers-Briggs test, and both lawyer and teacher have consistently topped the list of any career aptitude test I take. I took the LSAT and applied to law school sort of last minute. I also got into teacher's college but based on job market trends, I thought law would be a safer bet.

I didn't really know what exactly the law would involve. I didn't know any lawyers who I could shadow at the time. I just had this notion in my head that getting more education would be a good thing, and that I needed practical skills to market. I also wanted to help people, so I thought I'd get a professional degree that everybody said is versatile. Lack of imagination on my part, I suppose.

I haven't done that well in law school to date-- I have a C average. We're curved to a B so this is well below average. I've gotten some As and Bs in classes that I am engaged in, but for the most part, the story of my law school academic trajectory can be summed up by a complete and utter inability to muster up any motivation for my studies whatsoever. It could be depression, but I haven't been diagnosed. I'm also not sure to what extent it could be situational depression brought on by hating law school or from the death of a close family member last year after a prolonged terminal illness.

I do feel different from most of my peers people around me, for whom it seems as if attending law school was a lifelong dream. My classmates are incredibly happy and feel fortunate to be here; they're also motivated and hardworking. There is a lot of talk about how fortunate/privileged we are to be members of the legal profession, but all I can see is an elitist, status-oriented, classist and unhappy profession, and I honestly consider the decision to attend law school to be one of the biggest missteps in my life so far.

I've spent a lot of time at school doing things that aren't academic in nature, because I enjoy being involved and I've always been an active part of my community-- things such as volunteer and extra-curricular work for causes that I care about. Not actual legal work, but advocacy work, campaigning, coordinating events/speakers' panels, fundraising for local shelters, community outreach, etc. This has led to me being sort of known in the school as a volunteer extraordinaire, and even getting awards for contribution to the school community, all while my grades suffer and I continue to get sub-par marks on my transcript.

The transcript, however, is what's most important when finding a job. The majority of legal employers do want people who can say they're interested in some charitable work, but of course grades matter more. So all the legal related work experiences I've gotten have been volunteer positions (inability to find paid work due to aforementioned poor grades). And guess what? I've hated that too, although I must have faked it well enough 'cause the lawyers I've worked with/for always say what a good lawyer I'll make, and how "we need" lawyers like me.

I do plan to finish school and get called to the bar. This whole process will take 2 more years, because Canadians have to article. This means I will graduate in April 2014, and be called in June 2015.

I'm staying in law school only because I've promised my very loving and supportive partner that I will stick it out and get the degree. Also, because I just want to work to pay off my debt over time. I'm still hoping the degree and being able to say that I'm a lawyer will be somewhat useful in finding a job-- any job! But I don't really see myself enjoying the practice of law, even if somebody did hire me in an actual legal job for actual money (which seems ridiculously unlikely with my grades).

My question is: given all of this, should I seriously be thinking about transitioning away from law at this point, or should I stick it out, do my best to get better grades next year and some kind of law job (any legal job) that will help me pay off my debt?

I'm going to be about 130K in the hole after this whole process, and my biggest priority is paying this off-- this includes 26K of undergrad debt, law school for 3 years (high tuition + living expenses), estimated fees to graduate/take the bar exams/be called, etc. I did not get any financial support from my parents whatsoever; they are lovely people who are incredibly emotionally supportive, and they let me live at home during undergrad, but they are poor.

I am tied to remaining in Ontario (the Toronto area), and there are no debt forgiveness programs available to me.

Any advice from lawyers, former lawyers, other law students, or people who have or had crippling amounts of student loan debt would be highly appreciated.

Law school or nursing school?

Autumn — Mon, 01 Apr 2013 17:47:10 -0800

I'm thinking of getting my Bachelors and going to law school. I'm also thinking of going to nursing school. Is going to law school an absolutely dumb idea at this point? I've always been interested in medicine. I grew up wanting to go into it, I was ore med in college but due to being young and stupid and not really ready I dropped out. That was years ago, and now I have a second chance to go back.

The problem is, since then I've developed an interest in law. I've taken a few paralegal courses, studied up on it, and I loved it. The legal jobs I've seen in my area as well as surrounding areas are very sparse, however.

My reasons for choosing law school over nursing:
1) higher interest than nursing, feels like my calling.
2) I'm gay, and being out in the legal field seems to be less of a deal than in nursing. I don't want to spend the rest of my career worrying about that, especially considering the nature of the work.
3) I worked as an STNA, and I didn't like how the residents could treat me any kind of way and say whatever. I didn't like feeling like a servant. I know that with law you'll run into bad apples, but it seems to be more acceptable to say if you talk to me like that, I'm out.

Nursing over law school:
1) there are more jobs. I'm worried that with law, I'll be unemployed or underemployed.
2) I worked as an STNA and loved it, so I have some idea that I'll like the work. I haven't done that with law.
3) nursing has a more linear oath for climbing the ladder, which I like.
4) I know I'll be working with people most of the time. With law, I'm worried ill spend a large amount of time doing paperwork, and I can't stand jobs without a high level of contact with other people.

What is like being a lawyer, but not?

Anonymous — Wed, 27 Mar 2013 15:02:07 -0800

I am a senior transactional associate at a big regional law firm in a secondary market. I am probably not going to make partner at my firm, I am really sick of caring about typos, and I'm burned out. What can I do with my life? In the grand scheme of law firm jobs, my job is pretty great. I don't get yelled at much, I bill a shockingly tiny number of hours for the basically-big-law-first-year salary that I get paid, I'm not chained to my Blackberry, my commute is amazing, sometimes, I actually get really excited about the subject matter, and I'm pretty sure all of the partners that I work for are human.

However, partnership is very, very soon, and I am not going to make it -- I've never run a complex deal, I don't have a specialty, I don't meet my hours, I've never met my hours, I have lots of typos in my documents and occasionally miss substantive things which "damage the relationship", and as a result, I have a reputation as "bright but needs to be more careful". I feel like I'm constantly on eggshells. I feel sick to my stomach thinking about whether Partner X said goodbye to me when she left the office or whether I turned around that e-mail for Partner Y fast enough. In actual truth, I'm more like a third year associate than the senior associate that I am.

My firm doesn't have an counsel track. I'm reluctant to talk to anybody senior to me (it's all partners).

I could go inhouse, but every place I've interviewed at talks about how they're staffed by ex-big firm people who wanted a better life but continue doing big firm work. I do want a better life, but every single time they talk about how their work is up to big-firm standards, I want to throw my leather interviewing portfolio in their faces and scream IT DOESN'T MATTER I DON'T CARE FUCK YOU.

In my dream world, my job would be doing transactional work for a nonprofit that I've already done a couple pro bono projects for, because they are nice, sane people with a really great goal and won't bawl me out or make me feel hideously guilty for typos or formatting errors. Unfortunately, I don't think they can afford to hire me, even for something like $20,000 a year plus health care. I have a contact or two that I can talk to, but I don't even know if jumping to nonprofit is feasible when I've been a corporate goon for so many years.

Help. What can I do? How do I even figure out what is realistic for me to do? I have no self esteem left. I feel like such a failure.

If it matters, married, no kids, dual income, no law school debt but the SO has educational debt, tied to the area for family and house reasons. At some point, I'd like to have children.

E-mail is so.many.typos@gmail.com

Legal/accounting advice for filmmakers

drjimmy11 — Thu, 21 Mar 2013 23:04:52 -0800

I'll be shooting a feature film in L.A. later this year, and I need some advice about how to handle the business side. I'm hoping that somewhere there's some sort of low-budget service that provides help to people who are new to the process. I know I'll need to set up a production company, and I don't really know how to do that. I'm sure there are "walk yourself through it" guides online, but I'd prefer to talk to a real human being who can go over all the tax and legal in-and-outs. (I am aware of the minimum tax of $800/year in CA)

Additionally, I'd ideally like to get some advice about payroll and how to handle that. We'll be using and paying SAG (union) actors, which means we're required to do "real" payroll.

I'd also like to know what making this movie will mean for me (and my equally inexperienced investors) tax-wise. Finally, I'm sure there are a ton of legal and financial issues that I haven't even thought of.

I realize this is sort of two different things (lawyer and accountant), but I'm hopeful there's some kind of low-cost service/person somewhere in L.A. who walks new filmmakers through all these business hurdles. Any ideas would be appreciated. Thanks!

How can I make sure I won't get sued for cybersquatting?

anonymoose — Thu, 21 Mar 2013 10:19:23 -0800

This is a little tricky to talk about without specifically mentioning my domain name, but I'll try. I have a popular website that's about to get significantly more popular, because I'm about to publish a book, go on book tours, etc. There's a *much* more popular website that's been around since the beginning of the web, and part of my domain name includes their domain name (for example, suppose their domain was Narnia.com, and my domain was AdventuresinNarnia.com). We're in the same general market (say Narnia.com sold video games, and I reviewed video games). What legal risk am I subjecting myself to, particularly if I have absolutely no desire/intent to sell my domain name? I have a PR4 site and I don't want to move, but I don't want to put links to my website in a published book and then get forced to move later.

What UK Legal Implications are there with documenting bad service online

dougrayrankin — Thu, 21 Mar 2013 05:00:41 -0800

What are the legal implications if I start a blog documenting the poor service my property manager provides, and asking others to share their opinions of this firm? I can speak for the factual accuracy of my own experiences (I have their letters and invoices etc, as well as my responses), but what about others? This question seems a bit above my level, but basically I am having a nightmare with my property managment firm who are (amongst other things) invoicing me for periods when I didn't own the property, agreeing to waive a fee and then issuing another invoice in which said fee has reappeared, failing to respond to direct queries of mine (I email a direct question, they write back as though they didn't even see that part of the email), failing (despite me now having asked four times) to send out a direct debit mandate, attempting to force membership of a communal buildings insurance policy for considerably more per month than my current buildings AND contents policy costs... the list goes on. Already this firm sees their name appended in Google's autocomplete with words like "suck", "rubbish", "complaints" and "terrible". I'd like to provide a focal point for those with a frustration to state their case, and then to make sure that anyone searching for the firm sees all of these just as prominently as the firm itself. It is an attempt to shame the firm into improving its service.

Please help me make out what Helen Mirren is saying.

Silky Slim — Sun, 17 Mar 2013 05:10:14 -0800

I'm translating David Mamet's new movie about Phil Spector. My dialog list is substandard, so I basically have to guess what they're saying. In this audio clip, Helen Mirren and Jeffrey Tambor are discussing the evidence against Spector and cite precedents that sound like "Caitlin" and... something. Any help would be greatly appreciated.

The Raskolnikov Method

256 — Wed, 13 Mar 2013 09:55:42 -0800

I'm interested in the origin and propagation of this particular trope: Extremely drunk driver, with bottle of booze in the car, gets in a crash, possibly killing someone, with plenty of witnesses. The driver, either on his own initiative or after calling someone (perhaps a lawyer) for advice, gets out of the car and starts publicly drinking great volumes from the bottle. The idea here is that they intend to use as a defense the story that they were sober at the time of the crash, but started drinking because of how stressful the situation was immediately afterwards, and that all the alcohol found in their system when the police eventually performed a breathalyzer had been consumed after exiting the vehicle.

I know that I have seen or read a variation of this in at least two works of fiction, and I've also heard very close cousins of it being passed of as something that actually happened/worked (see this snopes message board thread for examples).

So I'm interested in both specific examples of this trope appearing in fiction and, if they exist, real world examples of this being used as a defense in court.

Shouldn't need to be said, but : I am not looking for advice on how to get away with driving drunk, and neither should you. I am just curious about this weird story.

Legal Negotiation books - which should I buy?

ethelwulf — Sun, 10 Mar 2013 13:54:52 -0800

Hi. I am looking for recommendations as to which o the following titles I should purchase; I am very new to this topic. Additionally, this is an area of legal education that my forthcoming university in England will not cover (it is not included in their LLB and generally in UK universities). Other universities do however, stage internal negotiation simulations workshops and competitions for its law students as an extra-curricular, CV boosting and skills enhancing activity. My law school is unfortunately bereft of adequate funding, connections with city law firms and general career/skills resources to have such a thing. I have tried looking up existing reviews for them as well viewing them on googlebooks in vain.

Please may I know which of these mefi-ers have used and would recommend?

* Negotiation Theory and Strategy - Aspen Publishers (2002)

* Mediation and Negotiation: Reaching Agreement in Law and Business by Wendy Trachte-Huber

* Lawyer Negotiation: Theory, Practice and Law - Professor Jay Folberg

* Effective Legal Negotiation and Settlement - Charles B. Craver

* The Science of Settlement--Ideas for Negotiators by Barry Goldman

My questions:

* Which did you find useful (worth the purchase) and why?/ Which were recommended and used by your law school? Additionally, did you find any of them more dense than others?

* Which are US-centric, ie will not be of much use to an LLB student in England or elsewhere in the world (even if they will be involved in cross-border work in the future)

* Which will be most useful for an aspiring corporate solicitor?

I will be the equivalent of a 1L. I am currently leaning towards the first two as they will be the cheapest to ship to the UK.

Additionally, does anyone have any recommendations for negotiation cases or casebooks (if such exist)? Although I can't help but think that theory will only be useful to a limited extent, I won't have an avenue to be exposed to real (or even mock) scenarios scenarios as a student of my university.

Thank you very much

80 year old MIL talks incessantly

seekingsimplicity — Tue, 05 Mar 2013 15:59:02 -0800

My 80 year old mother- in- law of 30 years talks non-stop about things I am not interested in----- but the people-pleaser in me keeps listening to her politely and I end up feeling exhausted. I see other family members interrupting her mid-sentence or just walking off while she is talking and out of guilt I guess I keep listening to her ad nauseum.

I have very little in common with her and am not really interested in the details of events that she offers in conversation. I feel like I am not true to myself when I listen to her.

I even avoid being by myself with her when we are at her house and I about die when the phone rings and it is her.

Part of me feels like I should give her the gift of listening to her (she is 80 years old!) but another part of me feels very impatient with the whole situation.

I know she will never change but would like some advice about how to be polite but also be able to get out of a LONG conversation with her.

Any exit strategys welcome.

I'd prefer water: How can I sever the ties of next of kinship?

sweltering — Mon, 04 Mar 2013 00:30:21 -0800

My family are terrible. I've recently, with the help of therapy and mortality staring me down, finally cut ties to their toxic presence. How can I make sure that they're never legally or otherwise involved in my life again? In the US, married, very ill. My family denies that I'm legitimately disabled (while also believing that I should not be treated for my pain). On a feeding tube and in a power wheelchair, I've finally lost patience and cut them off -- I need to focus on getting better (or, more accurately, not getting worse) full time right now. I have a living will and durable power of attorney that designates my husband as the person to make medical decisions for me (with a friend named second if my husband is not available). My husband is also the executor of my will (though I have little in the way of assets). All these say in no uncertain terms that my family is never to be notified or to make decisions on my behalf. I used Rocket Lawyer to make them.

Have I missed anything, in legally separating myself from anything where next of kinship might leave my family able to be notified of my location, condition or (worst) to make decisions about me? What if both my husband and the friend were unable to make decisions for me (the hypothetical car accident we all get into together)? What options might exist beyond the cobbled together Power of Attorney + Living Will + Will (is adult adoption still done)? Is the Rocket Lawyer documentation enough? What pitfalls could I encounter just using those documents? I live in Washington (state).

If I need to see a lawyer, what sort of lawyer do I need to see? YANML, of course.

Help me out. I think I've been harassed and I don't know what to do.

Anonymous — Fri, 01 Mar 2013 17:20:17 -0800

So I need some sound advice. I think I was harassed a number of months ago at a local YMCA by another member. I decided to file this complaint internally, and now I'm worried I'm being stonewalled. Normally I would let something like this slide, but I've decided to take up this cause because I think it's the honorable thing to do. If only because I am inspired by the anti-bullying movement. Do I have legal options? Can somebody with any experience or strength with this sort of thing help me figure out what exactly happened to me, and share what they did in a similar situation? Details within. To make a very long story short, the YMCA is a Christian-based community gym with an extensive child care program. One of the clearly posted rules at the YMCA is that you are not allowed to curse. One day, a group of older men were playing basketball and a hard foul was committed. One of the players laid out a string of epithets at maximum volume that lasted for several minutes. Now, I'm not a meddler by any means, but this guy's behavior was outrageous. I decided to confront the YMCA staffer who was supposedly monitoring the game, and asked him why he was allowing this to happen, when it clearly wasn't supposed to. He shrugged his shoulders..

I was at that time approached by an older man who asked me if I wished to file a complaint and told me he was a member of the board at the YMCA. Thinking he wished to help me, I said of course I want to file a complaint, to which he responded more elaborately, "Do you want to file a complaint? I'm a member of the board and have been a member here for 30 years. How long have you been a member here?" This stopped me in my tracks..

I asked the gentleman for his name, which surprisingly he gave me, and began to walk away. At this point the man started yelling, "What is your name?" over and over again, as if to further intimidate me. He then began pulling at my shirt multiple times, trying to get me to turn around. He then tried to physically confront me in the hallway. At which point I told him to "back off me" and he was thankfully restrained by one of the staffers. I went straight to the member office and cancelled my membership..

What has since happened. I decided to file an internal complaint with the Y, and one of the things they told me is that the member was not in fact a member of the board. He falsely represented himself. They also told me that because he was only a member, they would provide him with a warning, that they were profusely sorry for what had happened, and offered me a free month of membership to come back. They told me they would follow up with me, and they have not. They also told me that there is not much more they can tell as far as internal proceedings go. This has been par for the course. I've been more than understanding throughout this process, and now I'm fed up..

I am unsatisfied with the conclusion of this matter and would like to know if I have any other recourse, whether it be pursuing some type of action against the YMCA, or directly against the member in question. In a few words, big picture here is, I find the offer to give me a month of free membership insulting, I would like a formal apology from the Y - for reasons I have not gone into here, namely, knowing about this type of behavior for a long time and doing nothing about it - and I'd like this member who pulled rank on me to get more than a slap on the wrist. Frankly, if this were anyone but me that this happened to, I'd want that person gone.

I would also like to ask members of this community if you think I have been harassed. If it matters, this happened about 6 months ago and still has not been resolved. If you need to contact me directly, throwaway is ymca.throwaway@gmail.com. If you took the time to read this, thanks, I really appreciate it..

Is there such a thing as "excessive lethal force?"

Autumn — Fri, 01 Mar 2013 08:35:15 -0800

If the LAPD had intentionally set Christopher Dorner's cabin on fire, would that have been a legal use of lethal force? I've been curious about this and haven't found any answers. I know lethal force was legal, but are there laws as to the type of lethal force that can be used? Or is it just an anything goes situation? For the purpose of this question, let's assume all the facts are the same except the cabin was intentionally set on fire and Donner's death was a direct result of that.

Help me buy my first house!

everydayanewday — Mon, 25 Feb 2013 12:08:11 -0800

My partner and I have saved a deposit of $50,000 to put down on a house. We're looking for a one bed flat around the Gastown area of Vancouver BC, which we may end up renting out while we move to the US for a couple of years for work, but I have no idea how to go about this. We've been to the bank where they quoted us a loan for $600,000 which is at least $200,000 more than we think we could comfortably repay. So with that in mind, my next step is finding a place. What is the best way to go about this? I hate estate agents with a fiery passion but can't see how we could do this without one. I'd like some advice about what to look for, how much to pay for what, and periphery costs that don't come from a dodgy sales agent. Where could I find the kind of info I'd need to be an informed buyer?

Also, on the issue of renting the place out, we'd be looking for someone to manage that while we're away. But costs for management lead me to think we wouldn't even break even on the mortgage repayments were we to do this. Does anyone have any experience in this area - how did it go for you? Could you cover the cost of the mortgage with the rent? Were your managers trustworthy, or did you come home to major damage and squatters?

If I were in my home country, I'd know much more about this, but I have no idea about property law, duties and processes in Canada. If anyone could help me make these waters a little less murky I'd be very, very grateful!