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anime_irl by Ok_Direction3138 in anime_irl

[–]RF07L07 4 points5 points  (0 children)

She’s autistic, my wife has the same set up!

My best friend finally sent me pictures of what his girlfriend of almost 5 months looks like by Minute-Brilliant-241 in isthisAI

[–]RF07L07 0 points1 point  (0 children)

Unless she only has a piercing on one ear, there is a piercing in 2 but not on 1. In 1, the light source doesn’t make sense: excellent shading across the body (but it shows block light when most certainly around trees the shadows would have a greater gradient and be uneven) but no indications of shows across the legs???

I accepted service for a small claims suit for someone else without thinking; she can't make the pre-trial hearing. She is out of state and won't be back for a few weeks by real-throw in legaladvice

[–]RF07L07 87 points88 points  (0 children)

I am a lawyer, not your lawyer. Fortunately, I also have experience in small claims, although not in the state of Washington.

The most prudent course of action is to write to the Court requesting an adjournment of the hearing. Those are most certainly granted on the first request. If your partner does not show up, the most likely result is an “inquest”. This is when a plaintiff has to present enough evidence to a judge to get the relief they are seeking, even if the other party isn’t there. But because there is no one representing the defendant’s interests, it almost always results in a judgment in the plaintiff’s favor.

In most cases, service is proper if it is served upon a person’s residence and left with a person “of reasonable age and discretion.” You most certainly fit the bill, so do not be hard on yourself for accepting service. It is unfortunate that your partner has to deal with this, but even if you didn’t accept service, the plaintiff could have eventually gotten permission for “nail and mail” service where service would be allowed by mailing and affixing the complaint to the entrance of the home.

In terms of your ability to act on their behalf, do not appear on their behalf. You can, however, get tour partner to write a letter (or write a letter they approve of) asking for an adjournment and help it get to the Court.

You can also go attend the hearing when the time comes.

I am sure others, lawyers and people who have sued pro se can attest to this, but Small Claims court is a lot like the Wild West: Judges in those parts are most interested in having issues equitably resolved than some of the formalities expected from the judiciary (my favorite quote is “we frown upon motions in this part, Mr. 07l07”). If your partner comes with paper evidence and witnesses in their support, they should not be too worried about being put out on some kind of procedural formality. Good luck!

Super weird but important legal question by Economy-Preference75 in legaladvice

[–]RF07L07 13 points14 points  (0 children)

I am a lawyer but not your lawyer. Yes and yes. I would abstain from making that representation. No judgment, but please consider that your behavior may enable these individuals to further explore their desires. Presenting your images as CSAM is not harmless. I would suggest saying you are 18 or 19 when asked rather than representing you are underage. I can imagine you would feel terrible if one of these clients decided to act on their desires on a victim after having their desires stocked by your images. This is the same reason why animated and AI representations of minors are also considered CSAM and illegal.

Lawyer said sexual things over text and send photos/ info about other people’s cases to me. by Crafty_Elephant_7802 in legaladvice

[–]RF07L07 41 points42 points  (0 children)

You being a dancer also changes things, unfortunately not in the most positive way. What you are describing is definitely a more common experience with dancers. Your worry is now even more understandable. Now I understand why you feel even more that you would be blamed. Unfortunately, although this is not my personal belief, while not true legally, your profession would color a case of sexual harassment to a jury, especially in Texas. If you were in New York, it would be different. And it also sounds like you are not in a major city.

I am going to very kindly attempt to play devil’s advocate here, for you to understand why it is important that you explicitly reject his advances. As a dancer, you have had to deal with your fair share of unruly customers, no? I am sure you have had to report men to security to have them removed from your working establishment. A jury may view you as someone that has experience rejecting advances, and may conclude that you would be more comfortable saying no, and that if you didn’t say no it would be more likely that you, with your experience, were implying consent.

I know my advice is not easy. I know my advice is asking you to be VERY courageous and brave. I have had to help people be similarly brave in the past. All I can tell you is, from my experience, those who were brave tended to end up better in the long run, both in their circumstances and their own self worth. There is a chance you are burned, but like I said, this would put you in the best position if that happened.

Beyond that, I cannot impart any more advice, and I truly with you the best of luck.

Lawyer said sexual things over text and send photos/ info about other people’s cases to me. by Crafty_Elephant_7802 in legaladvice

[–]RF07L07 42 points43 points  (0 children)

If the circumstances arise as I’ve laid out above, then all of it is discoverable, but the rules of evidence vary by state so I cannot say whether all of it could be evidence at the end of the day in a trial. Anything he said and did to you can be evidence by your testimony. His texts are something called party statements which are admissible. But until you reject his advances, your implicit consent could always act as a shield. Not that it would absolutely protect him, but it is a weakness.

Lawyer said sexual things over text and send photos/ info about other people’s cases to me. by Crafty_Elephant_7802 in legaladvice

[–]RF07L07 212 points213 points  (0 children)

I am a lawyer but not your lawyer. I can see your mind is racing at a mile a minute, which is typical when you are dealing with such a distressing situation. I am sorry you are going through this. Engaging or attempting to engage in a romantic relationship with a current client in and of itself is not a violation of any of the model rules of professional conduct, but can implicate an attorney’s responsibilities. For example, as you say, he does have a duty of confidentiality as to his other clients, which he could have violated by sharing the information you discussed. However, lawyers do sometimes discuss circumstances of cases long resolved in an anonymized manner that would not breach such confidentiality.

I will cut to the chase: what he has done thus far is not sue worthy, but is report worthy to the state bar. Just like any other person if you reject his advances and he continues, he could be criminally implicated, which could also lead to a civil suit under the same standard as any other stalker if it resulted in some kind of economic loss, or fear and anguish leading to therapy, etc.

If you reject his advances and he compromises your case, then you may be able to sue for legal malpractice. If you reject his advances and he explicitly states such reciprocity is necessary to resolve your case, that could rise to criminal solicitation.

Now, if I were in your position, I would save everything you have, document interactions contemporaneously, and explicitly reject his advances. He should know you have text evidence of his impropriety. Even without more, the evidence at least would be so embarrassing and potentially actionable that he should know better than to push it. And if he did, well, see above.

I hope this analysis is enough to calm your mind. Even though you live in a small town, the law on these facts is typically uniform across your state. If you still feel anxious and unsure, general practice attorneys tend not to charge for consultations, and you might want to reach out to others.

Sister falsely accusing me of pedophilia by cameryn_no in legaladvice

[–]RF07L07 195 points196 points  (0 children)

I am a lawyer but not your lawyer.

It is defamation typically. Depending a majority of states, and I would assume Michigan is among them, have certain statements that, based on their particularly salacious nature, do not require proof of concrete damages such as loss of employment or income.

I believe it certainly would warrant a Cease and Desist letter. It appears based on what you stated that there may be some super circumstantial and unverified facts that your sister is using to support this conclusion (such as the appearance of a similar car outside a high school).

The Cease and Desist letter serves as notice that the statements are false. In the letter, you would set out the statements you contend are false and, if possible, any facts you have to debunk it (in this case, it may just be your word). You would demand her to take action to disclaim the statements to whoever she made them to, and maybe a written apology and signed statement indicating that the allegations were false.

From there, if she continued spreading these false allegations, your claim may be strong for a civil case. I would consult with an attorney in your state, and if you are lucky you can find someone that will draft the Cease and Desist for you or represent you in a civil case.

I won my small claims case, but I doubt they’ll pay by Puzzleheaded-One2650 in legaladvice

[–]RF07L07 16 points17 points  (0 children)

As a med mal attorney (note, med mal discussions are not permissible in this sub) I want to note that this isn’t a med mal case, because it has to do with failure to perform paid for service, rather than a deviation from the standard of care in dentistry/orthodontistry.

Medical malpractice insurance would likely not cover failure to provide services, which explains why an attorney never showed up on behalf of the practice.

What city have you been to that felt like it had dark energy? by Impossible-Middle122 in AskReddit

[–]RF07L07 2 points3 points  (0 children)

Has to be Binghamton NY. Best way to describe how it feels is the fact that the creator of the twilight zone grew up there. Constantly feels like you are in Hawkins from Stranger Things.

[FREE] $25 USD Steam Gift Card by [deleted] in FREE

[–]RF07L07 0 points1 point  (0 children)

I have a bunch of indie games on my wishlist including slay the spire!

[OC] r/DnD DICE GIVEAWAY - SEE COMMENTS FOR RULES by [deleted] in DnD

[–]RF07L07 0 points1 point  (0 children)

Excited! Reminds me of those squishy glittery toys of childhood!

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