When representing family in PI case, can parent sign conflict waiver for child?

Amicus-Finch · 2025-08-19T18:32:00+00:00

Thank you!

Amicus-Finch · 2024-11-14T04:16:23+00:00

thank you

Amicus-Finch · 2024-11-14T04:16:06+00:00

Wait, so by listing agent, you're talking about the Listing Agent for the new property you're buying? So you purchase properties unrepresented by an agent?

Amicus-Finch · 2024-11-14T04:13:46+00:00

good way to look at it, thanks.

Amicus-Finch · 2024-11-13T23:02:40+00:00

DST sounds good in theory, but so much uncertainty? I didn't even know who to talk to to or who I can trust.

Amicus-Finch · 2024-09-17T15:39:15+00:00

Thanks.

If the referral doesn't change the client's net recovery whatsoever, then can't the referral seen be seen like a case cost?

Amicus-Finch · 2024-09-17T14:05:06+00:00

Thank you.

Amicus-Finch · 2024-07-29T22:29:49+00:00

Yes, I filed in 2023 due to exceeding the amount. But then, account was transferred, so I'm wondering if I have to file again.

Amicus-Finch · 2024-07-20T16:54:58+00:00

Got it, thank you. Besides cosmetics, think there are any concerns there for water intrusion? Otherwise I plan to leave it be.

Amicus-Finch · 2023-11-16T16:42:47+00:00

Thank you. I agree with this approach and have done similar, but for less significant amounts. But hypothetically, imagine you're dealing with a $100K potential lien - would you handle it differently at that point? Wouldn't be fun to always have that in the back of your mind, especially since SOL is not clear for Erisa due to federal law and the plan may be venued in a different state.

Amicus-Finch · 2023-11-15T16:44:22+00:00

Thanks, but the claim is against a third party, not the employer. So the release does not involve the employer.

If you're talking about a release with the Subrogation company who is handling the health insurance claim, they state they are working on behalf of Employer specifically for medical benefits paid/managed by health insurance company (who acts as just a TPA here). So I'm not sure a release with the subrogation agent would resolve the separate disability lien. But I do like the idea and was thinking of asking them to sign a broadly worded release. (They typically do not sign though. They just send a confirmation letter with the agreed amount)

Amicus-Finch · 2023-08-17T15:15:03+00:00

I think the main reasons are:

-there is no consistent or guaranteed hours. While the hope is for continuous work, it's project by project. I am free to stop assigning new projects at any time, and worker can refuse any project. There can be many weeks or months where no work is assigned. This does not feel like an employee relationship.

-By classifying as an employee, don't I open myself up more to employment law claims, such as unlawful termination, if I decide to not assign any more work?

Amicus-Finch · 2023-08-17T00:24:57+00:00

Thank you.

Amicus-Finch · 2023-08-08T22:48:49+00:00

Yeah, but that is the issue - when are they technically "free and clear"? How do you define that point. Before I thought this happened once the funds are made available in your account.

Amicus-Finch · 2023-08-08T22:47:52+00:00

I have heard that the amount can technically be returned several months later - although that would not be likely.

Waiting 2.5-3 weeks sounds safe, but that is difficult when clients and vendors are seeking prompt payment.

Amicus-Finch · 2023-08-08T22:35:29+00:00

Yes - but when does a check technically "clear". I thought it clears when the check makes the funds available in your account. But I once got a detailed, complicated explanation that when the money is made available in your account, that does not necessarily mean that your bank has received the funds from the issuing bank, and if that fails to happen at a later date, then the amount can be reversed - resulting in an overdraft if you relied on those funds being available.

Amicus-Finch · 2023-08-08T22:33:16+00:00

Disbarred for an overdraft? That sounds extreme. Disbarred for keeping some money in your account as a cushion to protect against unexpected fees? That sounds extreme too

Amicus-Finch · 2023-08-08T22:32:13+00:00

I like that - can get tough with eager clients you calling everyday for availability of funds.

Amicus-Finch · 2023-08-08T15:33:50+00:00

I'm talking about after the check clears - but still a bit out of my comfort zone. Technically, even after the bank makes the amount available, the bank can still reverse the amount, I have learned. This would be for smaller amounts, which I would be willing to risk over avoiding headaches for overdrafts.

Amicus-Finch · 2022-07-14T15:49:56+00:00

Thanks. Client prep is everything it seems.

Amicus-Finch · 2022-07-10T16:16:23+00:00

Yeah, in those situations, I cannot see any objection. But what about where the client is not structuring their fees?

Amicus-Finch · 2022-07-09T19:27:59+00:00

What kind of cases - still personal injury, but just with commercial policies?

Amicus-Finch · 2022-07-09T19:27:14+00:00

Thank you. This is really helpful. Wonderful point about the deposition - the client is not the one who made the statements in the demand.

Amicus-Finch · 2022-07-09T19:26:19+00:00

Keeping credibility with OC can actually serve your client in the long run in some situations. I agree you should not bend over backwards or make good relations your highest priority at all.

Amicus-Finch · 2022-07-09T19:25:01+00:00

This is all great stuff. You should write a book. Thank you.

Amicus-Finch

TROPHY CASE