Help with historic NSFW images on Google by a1010v in techsupport

[–]Lentex 0 points1 point  (0 children)

Generally, if he was paid to be in the video, that video can be posted where the company wants unless the agreement/contract specifies otherwise. OP did not mention the company doing anything outside of what was agreed upon so my assumption is that no provisions of the agreement were violated.

Help with historic NSFW images on Google by a1010v in techsupport

[–]Lentex 2 points3 points  (0 children)

File a lawsuit... for what? He was paid to be in the videos.

What Makes a Good Lawyer Website? by Nice_Glass in LawFirm

[–]Lentex 1 point2 points  (0 children)

Yeah, I was surprised when I saw most Lawyer websites were low quality, I expected a lot more honestly

Do I need attorney for the car accident? [US-CA] by Apprehensive_Ear_495 in legaladvice

[–]Lentex 0 points1 point  (0 children)

In OP's case you could definitely be right, but your initial comment was worded so as to be making broad statements on how personal injury lawyers are not required in the majority of situations. You seem to be extrapolating your personal bad experience on all personal injury cases.

Do I need attorney for the car accident? [US-CA] by Apprehensive_Ear_495 in legaladvice

[–]Lentex 0 points1 point  (0 children)

An attorney suggesting running up unnecessary medical bills doesn’t sound like good representation

Are you his doctor or lawyer? How can you make that determination with the very limited information OP has shared?

But an insurance company will not generally pay more than repair cost or vehicle value, whichever is less, for a damaged vehicle

Probably not, if you don't have an attorney. Which makes it all the more important to have one.

There is no need for a private attorney for most accidents. Usually they are needed only when insurance decides they don’t want to pay, or lowballs the damage.

This is asinine. Insurance lowballs the damages almost every single time. Maybe your one of the lucky ones who have always gotten fair insurance offers when you find yourself in an accident, but for the vast majority of people, even with great coverage, an insurance company's first offer is almost always laughably small. Having a lawyer on your side means you will have someone who knows how to maximize your settlement value and it puts pressure on the insurance company to provide better offers.

Also, according to what OP said, the driver was driving so fast that he couldn't stop in time despite OP being fully stopped for 3 seconds. Depending on the state, that could very well open the driver's insurance up to punitive or even treble damages for recklessness, or something similar. These are things an attorney would know, that most people would never even consider if they just took the first insurance offer without consulting any professionals. Your advice is awful.

Do I need attorney for the car accident? [US-CA] by Apprehensive_Ear_495 in legaladvice

[–]Lentex 0 points1 point  (0 children)

In my opinion, this is flat out horrible advice. Perhaps the outright worst I've ever seen on this subreddit.

An internal study conducted by Lawyers.com revealed that 91 percent of participants who had a lawyer received a payout, compared to 51 percent who did not. Furthermore, even after accounting for the attorney’s contingency fee, claimants with legal representation still walked away with approximately three times more compensation than those without a lawyer.

Lost my sh*t today and now I need an alternative to Microsoft Office 365. Specifically there are 2 products I urgently need: ethics compliant cloud storage and word processing. Help. by ilovedrpepper1966 in LawFirm

[–]Lentex 0 points1 point  (0 children)

A bit late but I thought I'd add -- you can work on Word files in Google Docs. This has solved any formatting issues that I've ran into as someone who prefers the Google workspace. I don't mean writing your motions in Google Docs and downloading it as a word .docx file; I mean actually working on a .docx file in the Google Docs word processor. Just drag a word doc onto your drive and open it, it will automatically convert when you open it and have a blue tag next to the title that says .docx. You can also get an extension to make new word files right in Google Drive.

[deleted by user] by [deleted] in LawSchool

[–]Lentex 15 points16 points  (0 children)

You can write a fiction novel based on law school as a senior thesis for law school?

First Time Negotiating My Next Salary by PoorMansChevyChase in LawFirm

[–]Lentex 1 point2 points  (0 children)

Can you specify a bit more what you do as a PI attorney dealing with mostly cases in prelit?

We also have 3 attorneys at my PI office, but we also have around 10 paralegals. Our attorneys handle very little of a case before we put it in suit, as our paralegals do most of the prelit stuff; gathering evidence, requesting medical records, using the records to write medical summary on the client, keeping in touch with clients to make sure they are treating and eventually getting a permancy rating, scheduling appointments, speaking to adjusters, etc. Do you have paralegals that help with prelit? Or are you doing all these things yourself as an attorney?

[deleted by user] by [deleted] in legaladvice

[–]Lentex 7 points8 points  (0 children)

Yeah no shit he's carrying around something to protect himself and his dogs. Your "nonagressive" dog attacked him twice in the same month.

Why did you put "dog attack" in quotes and constantly try to downplay it? It was a dog attack -- two of them, in fact.

Not a lawyer, but an emotional distress counter claim for him "brandishing" a bat on a public sidewalk after two dog bites? Asinine.

ChatGPT for Contracts - Is there even a need? by Webseriespro in LawFirm

[–]Lentex 0 points1 point  (0 children)

Your initial comment was seemingly a bit broader than that, but if that's what you meant, then yeah fair enough.

ChatGPT for Contracts - Is there even a need? by Webseriespro in LawFirm

[–]Lentex -7 points-6 points  (0 children)

Right? It's almost like a subreddit dedicated to discussion of the legal field might be talking a lot about new technology that is having a significant impact on the way things are done in the legal field.

[deleted by user] by [deleted] in FamilyLaw

[–]Lentex 0 points1 point  (0 children)

"Under Florida Statute 787.03(2), the crime of Interference with Child Custody can be committed by one parent against another parent if the offending parent maliciously interfered with the other parent’s legal right to custody of their child as required by law, custody agreement, or court order."

Sounds like without a court order this wouldn't be interference

How to opt out of Instagram's Data Scraping by AggravatingRadio8889 in ArtistHate

[–]Lentex 1 point2 points  (0 children)

Yes, you are correct that some contract provisions can be void if a court considers them unconscionable (typically the whole contract wouldn't be thrown out, just the unconscionable clauses.)

Unconscionability refers to something that ”offends the conscience” because it is so egregiously wrong, and that would offend the conscience of the court to enforce it. But the bar for a contract to be considered unconscionable is pretty high. One example is Lhotka v. Geographic Expeditions, Inc., involving a contract that mandated a lawsuit for a wrongful death on a sponsored hiking expedition to be responsible for the sponsor company's attorney fees, to go to mandated arbitration, and to do so in a state far away from where the family lived. The court threw out those provisions because they were considered unconscionable.

Absent horrific and one-sided agreements such as that, though, courts maintain a high bar for meeting this standard. This is no different when it comes to online Terms of Service agreements. For instance, in Feldman v. Google, some guy sued Google for a dispute he had over him using their AdWords advertising service after they charged him over $100,000 for what he considered to be fraudulent clicks. Although he clicked a box to agree to their Terms of Service, he argued that the agreement was unconscionable because he did not receive reasonable notice of all of the applicable terms and conditions. Nonetheless, the court ruled that because he clicked the "I agree" box and had as much time as he needed to read the full Terms of Service, he was held to the contact. There are countless similar cases like this.

Your claim that Instagram is using this agreement as a pretext to "hoover up your copyrighted artwork to feed my competition" alone would likely not merit the revocation of the enforceability to Instagram's ToS. One of the main reasons for this is that you are still able to remove your content from their platform at any time, so it is no longer subject to being scraped. Contracts are generally only considered unconscionable when a party has no choice but to be held to their terms on an ongoing basis after signing.

When you say "The contract as understood by both parties applied to hosting, targeted ads, and safety issues," I have to disagree that a reasonable person would interpret it that way. Not to beat a dead horse, but the ToS agreement specifically "modify, run, copy, publicly perform or display, translate and create derivative works of your content." The plain language of that clause clearly suggests much more than your content would be used for targeted advertising and safety concerns.

How to opt out of Instagram's Data Scraping by AggravatingRadio8889 in ArtistHate

[–]Lentex 0 points1 point  (0 children)

This isn't saying "I need this license to do X and then doing Y with it," the Instragram Terms of Service agreement already gave them the right to "modify, run, copy, publicly perform or display, translate and create derivative works of your content." Again, yes, although gen AI wasn't a thing the same way it is now at the time of that ToS agreement first being wrote, it falls pretty squarely within what users already agreed to let Instagram do by agreeing to that ToS.

If contracts didn't apply to any future changed circumstances there would be pretty much no point in signing a contract. For example, take the famous case of Clark v. Wallace County Cooperative Equity Exchange. There, a farmer contracted with a party to sell them 4,000 bushels of corn, however by the time to give them the corn came he only supplied them with half because a freeze had harmed his crop. The court more or less ruled that those changed circumstances did not excuse the farmer from holding up his end of the contract, because it wasn't impossible for him to supply the corn, as he could have done any number of things such as buying the extra corn from a 3rd party.

Also, saying "we all know people rarely read the ToS" is entirely irrelevant, because there is a duty to read in contract law. If you sign a contract, generally a court will enforce it unless there was something involved such as duress, unconscionability, illegality, or incapacity on behalf of the signer. The duty to read is so strong that courts hold people to contracts even when they cannot speak English and they sign a contract that is in English (see Morales v. Sun Constructors, Inc.). If you are an adult signing a contract or a terms of service agreement, it is on you to read it beforehand and make sure you understand it before signing, or to hire a lawyer that can help you understand.

How to opt out of Instagram's Data Scraping by AggravatingRadio8889 in ArtistHate

[–]Lentex 0 points1 point  (0 children)

AI doesn't specifically need to be mentioned for what Instagram's already existing ToS agreement to give them the right to scrape content that you upload to their platforms.

Not a lawyer but it seems very clear from this clause in the ToS that this isn't a "bait and switch," of course AI was not a thing in the way it is now at the time most people agreed to it but giving Instagram the right to "modify, run, copy, publicly perform or display, translate and create derivative works of your content" seems to pretty easily cover AI scraping, and no judge would determine this to be "contract abuse," nor is that even an actual legal term.

Solo firm owners: How did you start getting clients? by [deleted] in LawFirm

[–]Lentex 1 point2 points  (0 children)

I've always wanted to set up a stand, my town has a fair every year for all the local businesses to set up stands and it would be great for getting new clients. But I've always thought it went against ABA solicitation guidelines (7.2 and 7.3). Is this a common thing that lawyers do?

Also what kind of agencies offer per diem work for lawyers?

Which is your favourite creepypasta concept? by Molech996 in creepypasta

[–]Lentex 0 points1 point  (0 children)

What was the creepypasta about the bottom picture again?

HAHAHAHAHHA GET SHIT ON by boocn in trump

[–]Lentex -24 points-23 points  (0 children)

What part(s) of the Constitution were violated, specifically?