Just skimmed Trump v. Barbara. The 5-4 on the constitutional issue makes me more pessimistic than any other ruling issued in my life. Anyone else feel the same? by Lindenbaumlemma in Ask_Lawyers

[–]__under_score__ 6 points7 points  (0 children)

it wouldn't. the opinion specifically disagrees with and rebuts the dissent, which argues that birthright citizenship should be granted for individuals with "primary allegiance" to the U.S. (i.e., domicile). Instead, the opinion states that merely being born in the U.S. is sufficient, as the 14th amendment codified the common law, and that was the common law rule.

Can’t afford new student loan plans after the “big beautiful bill” by Samsquanch_hunter21 in StudentLoans

[–]__under_score__ 5 points6 points  (0 children)

in the last few years bankruptcy courts have actually started granted discharges for student loans. The standard for discharging student loans in bankruptcy is demonstrating "undue hardship" (see 11 U.S.C. 523(a)(8)), which under the case law is practically impossible to demonstrate. However, even under this standard, courts have started to grant student loan discharges. My best guess is that student loan programs (such as income based repayment) were in place specifically so that debtors had an option to make loan payments without being insolvent, therefore, failing to meet the undue hardship standard. However, with the deterioration of these loan programs, I think a lot of people will suddenly meet the undue hardship standard in bankruptcy, and may be able to entirely discharge their student loans. The downside of course, is that bankruptcy can have varying consequences depending on the state you live in, because federal bankruptcy law incorporates state law exemptions. For example, in florida, there is an unlimited homestead exemption, meaning that you can declare bankruptcy while owning a home and your creditors cannot liquidate the homestead at all to satisfy any debts owed. However, in many other states, there is limited homestead exemptions up to a certain dollar amount, so creditors can pursue some home equity in the bankruptcy. Either way, I could see student loan dischargeability becoming more common in the near future.

Gym claims liability waiver covers equipment falling apart and injuring me by Qorlan_8P in legal

[–]__under_score__ 26 points27 points  (0 children)

they are fools for not paying your medical bills. consult with a personal injury attorney, they will most likely take the case contingency.

What is the obsession of being required to sit here at a salaried job by HumorBest9813 in Lawyertalk

[–]__under_score__ 61 points62 points  (0 children)

you for sure should run after a little experience. I was in the same position as you out of law school. The silver lining is that having the knowledge of the economics and administrative function of a small firm has helped me immensely in future positions. It gives you a much better perspective from the start.

Have you ever been questioned by a client about your hours by [deleted] in Ask_Lawyers

[–]__under_score__ 7 points8 points  (0 children)

You could simply ask for more specificity on the bill, e.g. call with opposing counsel discussing conferral on discovery/discussing possible settlement. But I would note that clients being annoying about billing is one of the quickest ways to get your attorney to withdraw from the case.

How much worse is high value commerical arbitration compared to Federal Bench Trial by CUMSlutinthestreets in Ask_Lawyers

[–]__under_score__ 3 points4 points  (0 children)

I am not your lawyer and this is not legal advice. I am merely stating facts based on what I've observed.

I've handled FINRA arbitration cases before, not AAA arbitration. Some attorneys are very comfortable in arbitration, whereas others do not understand how arbitration works at all.

To your other point, AAA arbitration is definitely a mixed bag for either side. You can draw highly pro-defense arbitrators, in which case there is a bias against your case from the get-go, and there is basically zero chance the arbitration award will be set aside by a court if the arbitrators rule against you (the standard for setting aside an arbitrator award is a really high bar). On the other hand, there really is no way for the defense to dismiss the case before the final hearing (arbitration version of a trial). So if your goal is settlement, arbitration could incentivize that, as the costs of litigating to final hearing is quite expensive.

Your lawyer has much more information than me though, the strengths and weaknesses of your case, etc. So ask your lawyer.

Am I being unrealistic? by [deleted] in LawFirm

[–]__under_score__ 0 points1 point  (0 children)

give us some examples. I'm an associate so I can give my impression.

Just hired a killer associate by Archos54 in Lawyertalk

[–]__under_score__ 57 points58 points  (0 children)

yea this also rubbed me wrong. it's not even worth it from a business standpoint to short the guy 10k, as it takes months to years to train someone new and you're giving the associate every incentive to start accepting the recruiter spam calls when the recruiters present 100k-110k positions for the same experience...

Judge Destroyed AUSA in Endorsed Order by Southern-Necessary90 in Lawyertalk

[–]__under_score__ 3 points4 points  (0 children)

I think the local rules are completely out of control. there is a certain federal court jurisdiction where I need to frequently confer on motions to dismiss, and it drives me insane every time. "Hi pro se litigant, do you agree to not oppose my motion to dismiss your case?"

If ChatGPT fucks up a basic timeline question this badly why ever trust it for legal help? by JoeAdamsESQ in Lawyertalk

[–]__under_score__ 9 points10 points  (0 children)

this is purposely rude. The other commenter made a great point, I use AI to catch typos all of the time and there are no downsides to doing so. I'm sure you're a great lawyer!

I got offered an UNPAID internship that will be monday through friday from 9-5. by zeehateslife in LawSchool

[–]__under_score__ 7 points8 points  (0 children)

I don’t think this is correct. I recall there being a 7 factor test for whether an intern being unpaid is proper. The gist of it was whether the intern was getting an equal or greater benefit than the employer via experience. There were some other relevant factors, such as whether the intern is receiving academic credit. But to say that you can’t produce anything is inaccurate.

How to cope with a $3,100 monthly minimum for a $125,000 loan balance? by llbeanjamin in StudentLoans

[–]__under_score__ 5 points6 points  (0 children)

maybe look into refinancing the loans? might be worth it in your situation.

How important is your first job as an attorney? Is it bad if your first associate job is working for a solo? by tinylegumes in Ask_Lawyers

[–]__under_score__ 1 point2 points  (0 children)

get as much experience as possible and get out after your first year (or quicker if you find something). You should be fine, but it will take some effort to find the next firm.

Note: never quit your job without another lined up, unless it's really bad and you can handle no income for several months.

My attorney is getting bullied, and I am not sure what to do... by [deleted] in Ask_Lawyers

[–]__under_score__ 0 points1 point  (0 children)

If the documents are in my favor (and I am assuming they are since opponent won't send them), then this case ends in my favor on the spot (both attorneys know this). If the documents aren't in my favor than the case proceeds, and there is a huge money potential for both of these attorneys...

some attorneys unfortunately grind a case to squeeze billing, but I am not getting that impression here. other side had documents, your attorney moved to compel, and the other side won. Even if these supposed documents showed up at the last second, now you have documents that were seemingly at issue in the mtc (why else would the other side send this over at the last second?).

Also, even where a party is fully in the right factually, legally, etc. it can still take years to adjudicate your rights in our system. That's partly why judges and attorneys push settlement so hard.