recalcitranttoy: (Default)
Deborah Palfrey appeared in DC court this morning. Deborah is up on a series of criminal charges that stem from her escort business in DC which she claims did not involve intercourse. She claims to have been providing "fantasies" to her clients, and a higher up in the State Department resigned, admitting he used her services for massages. She has asked for a public defender because she now can't afford legal counsel because the government seized her assets as proceeds of the crimes.

So here's my multi faceted confusion:

1) Where is NCSF? Where is Woodhull? Why aren't the advocacy groups stepping forward to help defend this woman? Wouldn't this be a wonderful test case to establish our right to BDSM and/or other related activities?

2) What does this tell advocates of sexual activity in the dungeon at the BR event? The argument that "the law is never enforced" kind of melts in the wake of this case. BR wouldn't even be able to defend itself as its assets would be seized in a millisecond. They went after this woman despite her claims of "no sex." How quickly would they pounce on a policy that allows sex?

3) How can the government get off seizing your assets then expecting you to defend yourself against prison time? They don't even have to PROVE that your assets were ALL accumulated through the alleged criminal actions. Yes, I know the legal mechanism by which they do this, but why do we, the people, allow this type of thing in cases of victimless crime? Where are the advocacy groups for that one?

Anyone got ideas?
recalcitranttoy: (Default)
The pentacle has finally been approved as a symbol that our military may choose for their grave markers, should they pass on. The fight has been a long and dusty one, with proven bias on the part of several administrations, which finally caused the Veterans Administration to settle with a coalition of Pagan traditions and families including CNCI, ATC, and Circle Sanctuary.

The not so secret behind the scenes but not really publicized part is that the bias was proven by a Freedom of Information Act request that I filed in May of 2005 :-). By their own words did they hang themselves. It proved that they kept putting the pentacle on hold with the excuse that they were re-evaluating the rules, while at the very same time approving other requested symbols. Couldn't have proved that without the VA's own records. Thanks guys :-).

And so, at long last, Pagans who serve their country may choose at least the pentacle for their grave markers. Hopefully this will open the door to other groups who desire other symbols.

Blessed Be.
recalcitranttoy: (Default)
Away from the class of insanity where they actually tried to be funny and entertaining, but given the material, that can be pretty damn difficult. The good news is that this is only required of new admits, and since I waived into the DC bar last year, this was the last month I had to fulfill the obligation. Thank goodness I won't have to do this again for DC. Now for VA, I have to do 12 hours of continuing ed per year of which today counts as 5.5.

Now I'm home. Hooray.
recalcitranttoy: (Default)
Sitting here at the Reagan building with 400 of my closest friends, in a class from 9 am until 3:30 pm. The good news is that we have wireless. The bad news is that I don't know how long my batteries will last :-). The worse news is that the closest bathroom has 3 stalls in the ladies room. Couple this with 15 minute breaks. How many women do YOU think can get through the bathroom line and back to their seats in 15 minutes? :-)

It's quite interesting to see how many people here aren't really paying too terribly much attention to what is going on in class. perhaps that's because legal ethics is really pretty damn boring because you have to look everything up that is even questionable unless you're a complete nincompoop. Then if you are still confused, you talk to Bar Counsel so you don't get in big trouble. I hate getting into trouble, so I just don't take any cases :-).

So, go figure, I am bored. Yes, bored. It is up to YOU, my live journal friends, to entertain me with fun and cool stuff between now and 3:30 when I finally get out of here.

May the entertainment begin :-)
recalcitranttoy: (Default)
This is a very rare moment when you will actually see ME awake before 9! I have to go to a mandatory class that I had 1 year from the time I was sworn into the DC Bar to take. Of course, I left it til the last minute, and I got a nasty "reminder" from them that if I didn't take this class, nasty things would happen to me and I would lose my license to practice in DC and I would be branded a loser or worse, they would talk about me at cocktail parties or something.

So I'm awake. Awake, I tell you. ZZZZzzzzZZZZzzzzz.
recalcitranttoy: (Default)
In this world of lawyer jokes and sometimes deserved disdain of attorneys (have YOU been injured in an accident?), it is rare that something new and different appears to cause one to think about one's profession. However, [livejournal.com profile] badmagic managed to come up with an utterly unique comparison between lawyers and pillbugs (or hedgehogs). It got me to thinking....

I can't stand the constant barrage of ridiculous ads on TV for lawyers. Does your child have birth defects? Do you have [fill in disease here]. Were you in an accident? Did you stub your toe on your landlord's steps? Did a passer-by dis your dog? Are you a tax cheat? Are you a deadbeat who wants more disability? We can help! In this "something for nothing" society, responsibility seems to always lay elsewhere for anything that might possibly happen, and generally exists wherever someone has more money than you do. Ridiculous settlement reports that seem highly inflated for the type of injury fuel this "lust to litigate." And with law schools churning out thousands upon thousands of graduates, there isn't a shortage of people out to make a name for themselves by being the "next McDonalds burn victim lawyer."

The whole ideas of fairness and justice are quickly fading away, and people are just as quick to blame the lawyers. Of course some attorneys are dweebing little bottom feeding scum who don't deserve to have legs. That much is clear. But behind every bottom feeder there's a greedy client. And in front of every bottom feeder is a judge who refuses to sanction them for frivolous suits (yeah, there are state and federal rules that call for sanctioning the lawyer for bringing ridiculous claims. That would be money out of the lawyer or law firm's pocket, not the client's since the client isn't supposed to know better.) Most judges used to be lawyers. Perhaps that should change.

So, what do I think about people who ask me for free legal advice? (Since that was the gist of [livejournal.com profile] badmagic's posting). In general, I don't mind too much, unless it is someone who feels some type of entitlement to my brain. They also have to understand that many lawyers are specialists. I limit my practice to trademarks, copyrights, computer and Internet issues, licenses, contracts, corporate stuff, and a smattering of other stuff. Attorneys are actually prohibited from giving advice in areas they aren't up to speed in. If someone asks me about their divorce, their wills, their speeding tickets, their car accidents, their boat sunk in international waters, their lying politicians, or their daughter the drug dealer, I can only advise them to find a lawyer who covers those areas of the law. If they have all of those problems at once, I'd go to the Wills and Estates lawyer first. If you need brain surgery, would you go to the ob/gyn? Some of you might, but it is not generally recommended.

Anyway, there are times when I actually will kinda hide or curl up in a ball or scamper away from the free legal advice issue. Being as I wasn't dressed for a scamper, I actually did hide when I heard "the lawyer from Black Rose is doing yoga on my floor" because the mindset was just not quite right for serious questions at that particular moment. Of that, I refuse to provide more comment other than the fact that none of my then current thoughts were on legal issues.

So ask all you want...I might give you a useful answer if I'm not otherwise occupied. And keep throwing rotten vegetables at the tv when you see those stupid commercials. As for comparing me with insects....I will leave that to your discretion.
recalcitranttoy: (Default)
On today's edition of "How to Save Money on Legal Work" we examine the recalcitrant client (as opposed to toy). The recalcitrant client relies on information garnered from such important professionals as the employee whose husband's sister's cousin is a lawyer and he says ______, the sales person who almost went to law school, contracts from other companies (well if it works for them, it MUST work for us if we just change the names around), or by digging through a law firm dumpster. But perhaps the worst form of recalcitrant client is the one who says, "I know what I'm doing, I've done this before and everything turned out ok."

Recalcitrant client then has a difficulty, most often of the form where a customer hasn't paid, or a customer has breached the terms of the "agreement." Enter the lawyer.

The most often provided legal opinion in this case consists of, "I do not think this means what you think it means." In other words, your contract sucks, is totally unenforceable, and now you get to eat whatever losses you have incurred. If you were stupid enough to turn over source code, trade secret information, or anything else of significant value, not only do you lose money, but you may lose your entire company. Then you can try suing your employee's husband's sister's cousin, the sales person, and the janitor. Good luck with that.

So, want to save money? Pay the damn lawyer to write your agreements. Thus sayeth the Recalcitrant Toy who is even now attempting to find some possible way of bailing out a Recalcitrant Client [tm].

Billable hours are good. Shooting ducks in a barrel provides no enjoyment and a little bit of "told ya so." Time to do the "told ya so" dance in slow motion.

Profile

recalcitranttoy: (Default)
recalcitranttoy

April 2017

S M T W T F S
      1
2345678
9101112 131415
16171819202122
23242526272829
30      

Syndicate

RSS Atom

Most Popular Tags

Style Credit

Expand Cut Tags

No cut tags
Page generated Jul. 17th, 2025 05:44 pm
Powered by Dreamwidth Studios