Thread of legal hubbub

Shyster
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Thread of legal hubbub

Postby Shyster » Fri Jan 06, 2017 9:51 pm

So Black's is online for free? Does anyone buy print copies?
I see a couple free versions of Black's online, but they're all very old editions that have no doubt lost copyright and entered the public domain. The current edition is the 10th. Black's has changed drastically for the better since Byran Garner took over as editor in chief after the 6th edition, and over the span of the 7th to 10th editions it was basically rewritten. It's a much better dictionary than it was.

columbia
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Postby columbia » Fri Jan 06, 2017 9:52 pm

What does the (updated) online cost?

Kraftster
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Postby Kraftster » Sat Jan 07, 2017 9:01 am

My fellow legal types may be interested in this product. A new company called LegalBoard just introduced a computer keyboard "designed by lawyers for lawyers." It has a "legal mode" that uses the F keys and the number pad to permit a lawyer to insert common legal symbols and abbreviations and words (for example §, ¶, See, e.g., F.3d, Plaintiff, Appellant) and also do stuff like add footnotes and change spacing with one keystroke.

http://www.lawsitesblog.com/2017/01/deb ... wyers.html
https://www.legalkeyboards.com/

https://www.youtube.com/watch?v=N392dt7dqzw


I personally use a programmable X-keys XK-16 Stick to provide a lot of the same functionality. It's an add-on 16-key keyboard where you can program the keys to insert text, trigger macros, etc.

http://xkeys.com/xkeys/xk16.php
I think I might give this a serious look. Thanks.

Kraftster
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Thread of legal hubbub

Postby Kraftster » Sat Jan 07, 2017 9:02 am

In other news, was set to pick a jury Monday for a federal trial. We just settled last night. I had no holidays this year, so I might not show up next week.

AuthorTony
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Postby AuthorTony » Mon Jan 23, 2017 3:23 pm

Oof, just looked and the fine is no less than $100 no greater than $200. That's stiff. Yeah, go fight it. Can't hurt.
Had my hearing this morning. Received a $100 fine. Court costs... another $84. :face:

dodint
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Postby dodint » Mon Jan 23, 2017 3:45 pm

Sorry dude.

Sell more than one 8x10" every third shoot and you'll be fine.

AuthorTony
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Postby AuthorTony » Mon Jan 23, 2017 3:48 pm

No big deal. The judge was really cool. It was an interesting experience.

Troy Loney
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Postby Troy Loney » Tue Mar 07, 2017 5:17 pm

Trust question.

If there are seven equal beneficiaries of a trust, one of those beneficiaries is the trustee. Six of those beneficiaries (including the trustee) don't like the last one, are they able to distribute the trust in a way that essentially cuts the seventh out?

Shyster
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Postby Shyster » Tue Mar 07, 2017 5:38 pm

If there are seven equal beneficiaries of a trust, one of those beneficiaries is the trustee. Six of those beneficiaries (including the trustee) don't like the last one, are they able to distribute the trust in a way that essentially cuts the seventh out?
Unless the trust document itself gives authority or discretion to the trustee to cut out beneficiaries, then the answer is no. And if they cut that person out anyway, then that seventh beneficiary could sue the pants off the trustee for breach of fiduciary duty.

tifosi77
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Postby tifosi77 » Tue Mar 07, 2017 5:47 pm

Are there criminal sanctions for breach of fiduciary duty in this context?

Also, browser history is discoverable. So...... just sayin'.

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Postby dodint » Tue Mar 07, 2017 7:02 pm

:lol:

Shyster
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Postby Shyster » Tue Mar 07, 2017 7:04 pm

I think criminal penalties would depend upon state law. It could be a criminal act. For example, let's say the sibling that everyone hates is named "Godric." The trustee and the five other siblings all agree to tell Godric that his share of the trust came out to $1,000, and that's all he gets. In fact, Godric's share was $20,000, and the trustee and other siblings all split the remaining $19,000 that should have been paid to Godric among themselves. That sure sounds to me like "theft by deception" under PA law, which is when a person "intentionally obtains or withholds property of another by deception" such as by creating or reinforcing a false impression "as to law [or] value." 18 Pa.C.S. § 3922.

Troy Loney
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Postby Troy Loney » Wed Mar 08, 2017 8:34 am

If there are seven equal beneficiaries of a trust, one of those beneficiaries is the trustee. Six of those beneficiaries (including the trustee) don't like the last one, are they able to distribute the trust in a way that essentially cuts the seventh out?
Unless the trust document itself gives authority or discretion to the trustee to cut out beneficiaries, then the answer is no. And if they cut that person out anyway, then that seventh beneficiary could sue the pants off the trustee for breach of fiduciary duty.

danka. I think I might need to expand a bit further because there is an additional nuance. So the beneficiary that the colluders want to cut out is deceased, so essentially they are attempting to cut out the beneficiaries of the deceased. My wife is one of those beneficiaries, the trust is set up so the seven primary beneficiaries get a distribution until the matriarch passes away and then the principle is split between those seven beneficiaries. We unfortunately don't have enough info, my concern would be that the trustee distributes the disbursements as fast as he can to the six primary beneficiaries before the matriarch dies so there is no principle left to split when she passes (she is now pushing 100 and in some sort of assisted living place).

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Postby dodint » Wed Mar 08, 2017 10:54 am

My family did something similar when my grandparents passed. My immediate family was their primary care (live-in hospice) for both of them in their final years. Folks that were lining up for would-be inheritance despite never coming around at all the last 10 years were sorely disappointed when my grandparents had nothing to leave behind; mainly because my family burned through all the liquid assets on purpose so there would be nothing to leave. Classy stuff. I was away in the military at the time and had no direct part in it, but my sister was basically gifted a house through the shenanigans.

tifosi77
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Postby tifosi77 » Wed Mar 08, 2017 2:37 pm

TL, you might want to reign in the urge to voluntarily identify yourself as a 'colluder'.

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Postby AuthorTony » Wed Mar 08, 2017 2:41 pm

TL, you might want to reign in the urge to voluntarily identify yourself as a 'colluder'.
I think TL meant his wife was one of the ones being colluded against. ;)

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Postby tifosi77 » Wed Mar 08, 2017 2:46 pm

No, she's one of the six colluders cahooting to - what sounds like - defraud the estate of a seventh deceased beneficiary.

Honestly, I'd cease talking about this on the internet. You might want to take this to an attorney so it's a privileged discussion.

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Postby Beveridge » Wed Mar 08, 2017 2:48 pm

So the beneficiary that the colluders want to cut out is deceased, so essentially they are attempting to cut out the beneficiaries of the deceased. My wife is one of those beneficiaries
You sure, tif?

tifosi77
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Postby tifosi77 » Wed Mar 08, 2017 2:50 pm

If I'm misreading it, my apologies.

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Postby Troy Loney » Wed Mar 08, 2017 2:57 pm

Yeah, wife is definitely being colluded against. The colluders are my deceased MIL's six siblings. Their mother is still alive, but their father died some years ago and was well known doctor, there's a wing of a local hospital named after him. There's already an issue where the mother's will was updated after my MIL's death where her the will was changed to be split six ways and not seven. It was only by a random chance that my wife and her sister's found that out. The crux of that story is that the six siblings seemed to have convinced the grandmother that the her daughter's kids are trying to do something fishy (their father is a jew lawyer so there's definitely some potential distrust from the grandmother), but that's a whole other story.

Beginning of February, my deceased MIL's accountant (and also the accountant of the trust) told my wife and her sisters to not file our taxes yet because of a trust distribution. He said my MIL's 2015 distribution was over 10K, so then last weekend my wife and here sisters reached back out to him to be like, what are we waiting for, so then he reached out to the trustee (my wife's uncle), and this was his response to my wife (and her sisters) "I just filed your grandfather’s trust tax return and there was no income distribution to you for 2016". My concern would of course be that they are still making the distributions to the six siblings when there should be an equal share going to the 4 benny's of my wife's mother.

tifosi77
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Postby tifosi77 » Wed Mar 08, 2017 3:15 pm

I'm sorry I accused your wife of attempting theft by fraud.

Shyster
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Postby Shyster » Wed Mar 08, 2017 4:43 pm

I can think if a couple scenarios here. One is that you are correct and shenanigans are taking place and they are trying not to pay out your deceased MIL's share. The second is that grandma's assisted-living expenses are basically consuming the trust's income, assets, or both to the point where no money is left over to make any distributions to anyone else. Trusts like this one are often set up so that all the money goes for the widow's maintenance and expenses, and other benes only get paid if money is left over. There may not be money left over due to the assisted-living expenses. My understanding is that you do not know for sure whether the aunts/uncles are still getting distributions, correct?

I'd take the following course of action. First, I would have your wife and her siblings jointly write to the trustee uncle and ask for copies of the trust's accounting documents for the last year, such as the trust's tax returns and any court filings. If he refuses to provide those documents, then I would get together with your wife's siblings and jointly hire a trusts and estates lawyer to file a petition for an accounting. Since it sounds like we have a trust that was created by grandpa's will, that petition for an accounting would most likely be filed with the courts in the same state/county where grandpa's will was probated. That would force the trustee uncle to file a document with the court detailing all of the trust's assets/income/expenses.

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Postby Shyster » Tue Mar 28, 2017 7:09 pm

Miami lawyer’s pants erupt in flames during arson trial

http://www.miamiherald.com/news/local/c ... rylink=cpy

slappybrown
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Postby slappybrown » Tue Mar 28, 2017 7:43 pm

Miami lawyer’s pants erupt in flames during arson trial

http://www.miamiherald.com/news/local/c ... rylink=cpy
I know when I'm looking at second degree arson charges, I want a second year lawyer who vapes up there on my behalf.

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Postby dodint » Tue Mar 28, 2017 9:10 pm

Hey!

In five years I hope to be a second year lawyer.

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