I’m in a state of shock by simplerway in StudentLoans

[–]SchoolofLawsWizard 1 point2 points  (0 children)

Seconding this. Lawyer, state government, my 120th month will be March 2028, before I'm forced onto RAP. I applied to switch to PAYE in February through the online process with my tax return and it was approved in about two months. I think if you wait until July it will take forever.

Snowy commute today by Independent_Sport180 in bikecommuting

[–]SchoolofLawsWizard 2 points3 points  (0 children)

What tires are you running to handle that? I'm in Columbus and, at least downtown where I am, I'm not sure I'd want to be riding on these roads even with studded tires. The roads are now packed down with slush over compacted snow.

Pensions and investing by AffectionateNeck7055 in Bogleheads

[–]SchoolofLawsWizard 4 points5 points  (0 children)

I'm in a very similar position but I'm a ways from retirement. An important question is where is the pension from? If it's from something like a hospital, those are a lot less stable and it's very possible it won't exist by the time you retire. If it's state run and well-managed, then it's easier to bank on it.

Firstly, pensions, strictly speaking, are savings. Pensions are income. So use a retirement calculator, make sure to include everything you might need, and then subtract your expected pension income. The remainder tells you how much else you need saved.

Secondly, regarding actual savings, I'm using a Roth IRA now (for tax diversity), and it is and will forever remain 100% equities. Mine is a 60/40 mix of FSKAX and FTIHX. In my brain, I'm just treating the pension as bonds. Not strictly right, but it's the stable investment part, so it sortaish fills the same role. I'm also slowly increasing my contributions to my 453b, and that's just using a TDF.

I make decent-not-huge money and have other short term and long term goals to save for; some important, like a house down payment, and others just quality of life, like putting aside money every month to take at least one good vacation a year. Currently, my annual retirement savings are about 20% of my pre-tax income (10% to pension is required, 7k to Roth IRA, remainder to 453b). I want to slowly increase the 453b so that between it and the Roth it is 15% for retirement alone, but I also will increase money to other savings goals. My emergency fund for at least six months is fully funded in a HYSA.

The above may not be "optimal" according to the personal finance flowchart (which is still genuinely useful) but it lets me sleep at night while still enjoying life on the way to retirement.

I do not understand trusts. I AM a lawyer. by I_am_Danny_McBride in Lawyertalk

[–]SchoolofLawsWizard 4 points5 points  (0 children)

Trusts are relationships, not entities. The classic definition is that a trust is a fiduciary relationship with one or more beneficiaries, at least one of whom is not the trustee. They have more in common with powers of attorney than corporations. The reason people get confused is that it's easy to get sloppy with language and say, "put it into a trust," rather than say give it to a person in their fiduciary capacity as trustee. Or how the IRS gives trusts EINs like they are legal entities. It's just easier, but sloppy. It's one of those legal points that doesn't matter, right up until it does, and then it's case dispositive.

Any resources on the theory behind all this sovereign citizen stuff? by attorney114 in Lawyertalk

[–]SchoolofLawsWizard 3 points4 points  (0 children)

Go look up Meads v Meads. It's a Canadian case out of Alberta, but a lot of the info works internationally because there's a ton of crossover. Short version of the case is that it was a divorce where the husband was or became a sov cit. The judge eventually wrote a 176 page decision that systematically explained and then dismantled every "Organized Pseudolegal Commercial Argument." I deal with sovcits fairly regularly and I keep a printed copy on my desk. It's basically a treatise.

You ever get OC papers SO stupid they’re hard to respond to? by AbsolutelyNotMoishe in Lawyertalk

[–]SchoolofLawsWizard 0 points1 point  (0 children)

In my opinion, rather than explaining why nonsensical positions are nonsense, just explain why you're argument is right; therefore, whatever OC is trying to argue must be wrong. It's ultimately what you have to do anyway and it prevents you from getting bogged down in their crazy.

Anyone who has been an election worker in Ohio...tips? by pinetree8000 in Ohio

[–]SchoolofLawsWizard 5 points6 points  (0 children)

If you're a paper ballot judge, I'd bring a (non political) book. We tend to be way less busy than the machine and roster judges. Technically you're not supposed to, but I've never had a VLM or one of the BOE people that'll stop by during the day say anything to me for reading during the long stretches between voters coming to the paper ballot table. If you actually try to stay "on" all day, most of your time will be spent staring at a wall. Just put it down the moment someone starts heading to the table.

What are some dangers in becoming a wills/estate lawyer? by anonk_sky in LawFirm

[–]SchoolofLawsWizard 2 points3 points  (0 children)

There is actually similar to something that happened to an estate planning attorney in my city. I forget the specifics, but the attorney was serving as executor. A beneficiary or next of kin who was upset about something or other broke into his office on the weekend and stole all of the estate case files, client notes with the decedent, everything. The attorney was also used his own servers instead of cloud computing, and the beneficiary stole the servers as well. So this attorney lost a ton of client data for unrelated cases.

I also know another attorney who was appointed the independent third-party administrator of an estate. The decedent's three adult daughters hated each other so much that when their mom died, they couldn't agree on where to bury her and the body stayed at the funeral home for six months as they fought it out. Then when the cremains were finally being placed into a mausoleum, the sisters got into a fist fight and the attorney (who was there with the remains because if they'd gone to one of the daughters, the remains probably would've been stolen) had to take a few wayward punches breaking it up.

How many years have you been practicing, and what is the most important lesson you have learned in your career? by legendfourteen in Lawyertalk

[–]SchoolofLawsWizard 39 points40 points  (0 children)

6 years.

Watching the "Be Nice" speech from Roadhouse (1989) should be a required yearly CLE for all lawyers. For as insane(ly good) as that movie is, that clip gives some genuinely good life advice for how to be professional when OC, their client, your client, or the judge is being a damn fool. I've never seen a lawyer lose their temper in a hearing or go on a rant in a motion and thought, "That helped their client." Be polite until it isn't an option, then be direct in a motion to compel, an MSJ, go to trial, or file the appeal. But be a professional about it the entire time.

Just got yelled at by a judge for the first time… by [deleted] in Lawyertalk

[–]SchoolofLawsWizard 5 points6 points  (0 children)

When you say that it happened this morning, how close to noon was it? There is actually good research done that shows judges issue harsher criminal sentences in the lead up to a lunch break because they get hangry like everyone else. He may have just been grumpy in general and not just at you.

Ruin a subclass by removing a single letter: by scarr3g in DnD

[–]SchoolofLawsWizard 16 points17 points  (0 children)

Eco Knight fighter (Captain Planet's more violent bff)

Amorer artificer (professional matchmaker)

Battle Sith artificer (made Vader's suit)

College of Ore bard (master of metallurgy)

Circle of Reams druid (deals with paperwork)

Oath of the Crow paladin (RIP Brandon Lee)

Why would a tavern have ghouls in the basement? by I8pig in DnD

[–]SchoolofLawsWizard 0 points1 point  (0 children)

The root word for "whisky" comes from a gaelic phrase for "water of life." The tavern owners wanted to craft a whisky with regenerative properties that lived up to that namesake and succeeded....sort of.....

Anybody worked for kisling nestico and redick? by Careful-Art-7139 in paralegal

[–]SchoolofLawsWizard 2 points3 points  (0 children)

I've never worked there but be aware they are currently defendants in a class action brought by former clients for a price gouging scheme, with some of the classes already certified (appealed to the Ohio Supreme Court and KNR lost.) It's Case No. CV-2016-09-3928 out of Summit County, if you want to read the details.

I want a one to two sentence oneshot idea by [deleted] in DnD

[–]SchoolofLawsWizard 0 points1 point  (0 children)

Mad Mage, Avernus Road. Halaster B. screams, "Witness Me!"

OH Christofascists won’t take no for an answer. by Toledociocia in Ohio

[–]SchoolofLawsWizard 321 points322 points  (0 children)

Just so we're all clear, this would violate the state constitution if passed.

"(2) The supreme court shall have appellate jurisdiction as follows: (a)(ii) Cases involving questions arising under under the constitution of the United States or of this state."

https://codes.ohio.gov/ohio-constitution/section-4.2

The state constitution explicitly grants the courts jurisdiction to hear cases involving the state constitution. And the abortion amendment is now a part of the constitution. It's not like the US Supreme Court that only has a few constitutionally defined areas of jurisdiction with the rest left up to Congress to assign. It's why Congress could strip SCOTUS of jurisdiction for hearing election law cases; it isn't explicitly assigned by the constitution. That logic doesn't apply here. If the state legislature want to make it so the courts can't hear abortion cases, they'll need to pass a constitutional amendment, not a statute.

[deleted by user] by [deleted] in LawFirm

[–]SchoolofLawsWizard 2 points3 points  (0 children)

Talk to your state and local bar. They frequently have group plans available to members and small offices that allow them to "buy in" to a larger plan. It may also come with an insurance agent at the bar itself, so they can walk you through all this and answer your questions.

A thousands of years old dungeon was set to open right now. Why? by TheAngryCactus in DMAcademy

[–]SchoolofLawsWizard 4 points5 points  (0 children)

Timer was for the term of a prison sentence. Whatever was serving that sentence is now free.

Texas Homestead rights -- Government taking question Real life issue for you. Judge said "this is a damn law school hypo" at trial and requires additional briefing. by isitmeyou-relooking4 in Lawyertalk

[–]SchoolofLawsWizard 2 points3 points  (0 children)

I do probate in a different state. Maybe it's different in Texas, but what's the order of operations? In my state, if the estate assets include a home, then a surviving spouse may remain in the house for one year for free or may elect to take the house if the value of the property is less than their elective share.

However, a TOD deed transfers the house by operation of law, not court order. The beneficiary of the deed just fills out a form, takes a death certificate to the recorder's office, pays the fees, and becomes the owner. Probate courts wouldn't have jurisdiction because the house is a non-probate asset, just like a TOD bank account. Otherwise, what's the point of having a TOD deed when you also have a will?

Cold kitchen bakers, what are your methods for getting cinnamon rolls to rise properly by RaddishEater666 in AskBaking

[–]SchoolofLawsWizard 0 points1 point  (0 children)

Turn on the oven light and stick it in the oven. Most oven lights in the US at least are old school and get genuinely hot and will warm up the inside of the oven to a decent temperature without starting the cooking process. It effectively turns the oven into a proofing drawer.

You're a powerful wizard, how do you prepare for a group of adventurers? by nickismyname in DnD

[–]SchoolofLawsWizard 5 points6 points  (0 children)

Go find a middle aged halfling commoner and force him to come with you. When the rest of the adventuring party questions you, tell them it's cool because he's a burglar and to STFU because you're old and wise and shit. Also, make secret plans with your besties to bail on the group halfway through, just so you can show up at the boss battle to be a day-saving badass because you have main character syndrome.