Any Attorneys in here?

Discussion in 'The Okie Corral' started by MaxxAction, Sep 27, 2020.

  1. bdcochran

    bdcochran

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    1. legal questions. If you don't already have a lawyer, your county bar associations and state bar association will usually have a referral service. Here, in my town, there is no charge for an initial 1/2 hour consultation.

    2. my comments are directed at my experience with lawyers. My first boss told me to make friends with a lawyer. Take him to lunch once in a while. The business deals are made through lawyers in this country. OP did not cultivate a lawyer. He could have asked his question to a local guy over lunch.

    I have spent thousands of dollars on lawyers. I have spent money on CPAs.

    Years ago, my mom was sick. I ASKED around for the best estate lawyer in town and got a referral. He did her estate plan. Then he did my dad's.

    The lawyer complained to me that he could never make money off my dad because he came prepared with written questions, a pen and a notepad.

    For the older guys: do you write your questions out for your doctor before going for a visit? Do you take a notepad and pen to meetings? Most people do not do it!

    For the younger guys, start now making friends with a lawyer, take him to lunch, never go see a professional - lawyer, accountant, doctor, car mechanic without all your questions written out, carry a pad and pen.

    3. For everyone. Most of you have had 6 months of downtime. How many of you have a written will and/or an intervivos trust? Would you like to be in the 90% of the general population who die without a will? It will cost you.

    Example 1. Girlfriend was married to a lawyer. Met her as she was finishing her divorce. He died without a will. Simple estate - a condo, a very few investments. It cost his estate an additional $35,000 in lawyer fees and court costs that could have been avoided.

    Example 2. The old b.s. about how you have things under control. Best friend and his girlfriend stopped by as they were going off for a three day weekend. She had been recently sick. Oh, yeah, she had her estate plan. Fortunately, her boyfriend was a CPA. She had lied to her boyfriend that she had a written estate plan. Just like most of us, I have better things to do. I will do it during my final illness. I saw her one week before she died. Fortunately, the boyfriend looked at her employment contract and had her retire, rather than die without retiring. She received a check for $100,000 that would have been lost.

    So here it is. You went through 6 months of down time. You didn't want to spend the money or the time to get your estate plan done.

    I went to one of the free retirement seminars. After which, you could have a free hour of consultation at the law office. I took a box of donuts to the free hour along with written questions. At the end, I could not use the lawyer's services. I pulled out a $100 bill and gave it to him. Although the consultation was free, I looked him in the eye and said I wanted him to remember me. And, he will.

    4. Now there is going to be a big weekly Democratic presidential race bomb that Mr. Trump did not pay much in taxes. That is ok with me. He hired the best attorneys and CPAs that he could afford. His tax returns were also either audited or subject to audit. You would do the same thing if you sensible.

    5. Henry Ford was under cross examination in a court hearing. The other side's attorney was making fun of his lack of education. Finally Ford got mad and said that he had three telephones on his desk. He could pick up a phone and call for the best advice. You can do the same thing. Make friends with a lawyer, an accountant, your dentist and your doctor. I gave my dentist a bottle of wine every year on her birthday. I gave my primary doctor a bottle of champagne when each of her children were born.
     
  2. Jack Ryan

    Jack Ryan NRA Life Member.

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    IF he is an employee then they still owe him for the time he spent on the job up to the time he quit. No ifs or buts about it.

    IF he is a sub contractor, paid by the job, then file a mechanics lien against the property he was working on. It doesn't take a lawyer to do that, just read up on it a little and you can figure that out. More than likely they will pay him what they owe just to free it all up again and avoid the bad publicity and conflict.
     

  3. MaxxAction

    MaxxAction

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    He just wants what's coming to him, and that is what was expressed.

    Extortion would be more like: "I have nude photos of your wife I am going to release if you don't give me 10k dollars."

    If you saw the tirade I mentioned in the message, you would understand why I went the way I did. If he pays the kid, it goes away, if not then we will move forward.
     
  4. nmk

    nmk

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    Did you see the tirade?
     
  5. MaxxAction

    MaxxAction

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    yes...

    this guy is a real paragon of (un)professionalism.
     
  6. Geko45

    Geko45 Smartass Pilot CLM

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    Totally agree. You and your son are in the moral right on this. The guy owes your son.
    That's what laypeople think it is, but what it really is are the legal elements as defined by the law. The way the law works is that every crime or tort has well defined legal elements (and also well defined legal defenses). If the elements are met and none of the defenses are applicable then the law applies (as does the consequences). It doesn't matter if you are in the moral right or not.
    I get it. I really do, more than you probably realize. But my point is an attorney wouldn't have written that way and for good reason. They know the elements as defined by the law and would have worded it to steer you away from them. Something more akin to "we have legal rights under state and federal guidelines and intend to pursue them against you and your contractual associate to the full extent of the law". This makes it clear you are not letting this go without pinning it to a demand for payment. They would have understood exactly what you meant, but you would be covered.

    My advice... Don't communicate with them further except through an attorney. Get a lawyer and let them write the demand letters. They know how.
     
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  7. MaxxAction

    MaxxAction

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    [/QUOTE]

    The department of labor, nor the ADA require us to hire an attorney, that would require him to hire an attorney to defend himself against the charges. Hell I probably couldn't get a good attorney to write a letter for $450.00.
     
  8. Geko45

    Geko45 Smartass Pilot CLM

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    No, but I am advising you to hire one anyway because you're angry and emotional about this (and rightly so) and you are saying things and doing things that "feel" right, but could put you in serious legal liability. If it's not worth hiring a lawyer then just don't talk directly with them at all any more and just let it go. With that letter already being sent, if you pursue this further it will look like you are carrying out your extortionary threat. I doubt that would result in anything criminal, a DA isn't going to take time with this, but extortion is also a tort and they could sue you and jam up your whole life for months making you defend against it (and spending 10s of thousands on a lawyer in the process).
     
    Last edited: Sep 28, 2020
  9. ThatGuyYouKnow

    ThatGuyYouKnow

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    It was a joke.

    :cheers:
     
  10. 1bigK

    1bigK

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    There are a lot of jokers in this crowd, or Joe Bidens, not sure which.


    Sent from my iPhone using Tapatalk
     
  11. Hef

    Hef

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    This. Never show your hand nor compromise your position.
     
  12. MaxxAction

    MaxxAction

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    So, my son gets up this morning to find an email that a deposit had been made to his account, the guy paid him every penny he was owed.

    Whoo!

    [​IMG]
     
  13. racerford

    racerford

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    I am glad things worked out for him.
     
  14. Ay Dios Mio

    Ay Dios Mio

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    :dancingbanana::dancing::devildance::elephant::exercise:

    Way to go, Dad.
     
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  15. MaxxAction

    MaxxAction

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    I will take a lot of **** from someone and not retaliate, but you start messing with the family, that is another matter altogether.
     
  16. MB-G26

    MB-G26 Ornery & Irreverent Lifetime Member

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    Three cheers and a couple of shots to THAT! You done did go went good :)
     
  17. BlueBayShepherd

    BlueBayShepherd

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    There's absolutely nothing wrong with standing up for your kids (even adult kids) and helping them out if they are in a tough situation.


    There's no need to feel guilty/defensive about it, or put a disclaimer. :cheers:


    You're doing what a good parent should do, by standing up for your son.
     
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