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Do I Have To Pay For A Lawyer Consultation If I Was Told It Was Free And Never Agreed Or Was Even Made Aware I Was Being Charged?
About A Month Ago I Called To Schedule An Appointment With A Family Lawyer. I Was Told On The Phone By The Receptionist That The Initial Consultation Was Free. At No Time Before, During, Or After The Meeting Was I Told I Was Being Charged. I Never Signed Any Agreement Or Contract. However Yesterday I Recieved A Bill. When I Emailed Him He Said He Never Gives Free Consultations And That Everyone In The Office Had Been Warned Not To Say That. The Meeting Consisted Of Him Taking My Personal Information And Making A List Of Papers For Me To Copy And Bring Back. His Retainer Fee Was Way More Than I Could Afford And He Refused To Take Payments So I Knew He Was Out Of My Price Range. His Hourly Rate Is $325 Which Is What I Was Charged For The Supposedly Free Consultation. When I Called Neither Receptionist Would Give Me A Flat Rate Or I Wouldn T Have Wasted Either One Of Our Time.


So you Email him and tell him that it makes no difference, The receptionist was working for him and informed you that it would be a free consultation. And that is a legally binding Verbal contract and that you are holding him to it and that if he continues to demand payment you will contact another solicitor and sue him, And he will also be paying all costs

Andy C

Question On Divorce Proceedings In Us For Foreigners?
My Friend Is A Thai National Who Was Married To A Us Guy In 2007. They Registered Their Marriage In Us California. Subseuqently My Friend Stayed There For 3 Months And Returned Back To Thailand. Since Then She Could Not Contact The Guy Anymore. She Tried To Call Him, Sms, Email But To No Avail. There Was No Response. Now My Friend Would Like To Dissolve The Marriage. How Should She Go About Doing It? She Is Now In Thailand. Must She Returned To Us To Settle The Divorce Proceedings? Or Can She Do It Through A Lawyer In Thailand?

I believe she can get a divorce in Thailand because he is not going to show up in court or contest the divorce. She will need to consult an international lawyer as to how to notify US of her status.

Attention Lawyers: Do I Have A Discrimination Case?
Would I Have A Discrimination Case? I Asked To Get Out Of The Pool Because I Was Wearing A Cotton Shirt And It &Quot;Ruins&Quot; Their Pool Filter. I Tried To Get Them To Understand That Because Of My Size (Women'S Size24)And The Size Of My Chest (F) That A T-Shirt Is The Modest Swimming Attire I Choose To Sport. I Was Told It Was An &Quot;Unexeptable Reason And To Leave The Pool Area&Quot;. I Made The Last Ditch Argument Of &Quot;But Those People Are Doing It Too!&Quot; (6 Other Individuals Were Also Sporting Modest Uv Protection In The Form Of A Cotton T-Shirt)And The Supervisor Said That Those People Will Be Dealt With. So I Cried As I Sat In The Shade Watching My Family Play And Felt That The Precious Little Money We Had Spent That Day Was Wasted. For 45 Minutes I Waited For The Supervisor To Handle Everyone Else Wearing A T-Shirt. He Just Sat In His Office As &Quot;They&Quot; (The Cotton People) Continued To Enjoy The Facilities. So I Went To His Office And Said &Quot; I'Ve Been Sitting Out, You Have Yet To Get Others Out Of The Pool, So I'M Going To Get Back In The Pool Till You Decide That Everyone Needs To Get Out. I'M Going To Enjoy The Afternoon With My Family&Quot;. He Threatened To Have Me Escorted Out By Police If I Dipped One Toe In The Pool. I Asked For His Supervisors Info And He Flat Refused And Said He Had Other Things To Take Care Of. I Insisted And Told Him Since I Was Paying To Enjoy The Park And Was Now Unable To, That I Would Just Keep Him Company Till He Found The Time To Get Me The Supers Info. He Found Time After About 10 Awkward Minutes Of Silence. He Chatted With His Supervisor About Personal Business Then Said, &Quot;Oh Boss, There'S A Woman Here (Briefed His Side Of The Mess And Then Handed Me The Phone) I Talked With The Supervisor, He Tried To Smooth Things Over. Told Me How The Cotton Shirts Are Detrimental To The Pool Filter And They Would Have To Shut Down. I Said If &Quot;If It'S So Detrimental Than He Should Immediately Asked The Others To Get Out Also, But He Didn'T And I Was Feeling Discriminated Against. The Others Were Still Out There. He Agreed And Said He Would Handle That Matter With Manager Pak And Agreed To Give Me A Refund Of Our Admission To The Park. Manager Pak Gets Back On The Phone And Laughs And Giggles And Shoots Looks At Me, Then Hangs Up. Rants About How It'S Not His Job To Tell People To Get Out Of The Pool, His Staff Is Trained To Do It And That He Only Deals With The Difficult Cases Such As Myself. Then Says He Will Get My Refund In A Few Minutes After I Get Him The Receipt. I Pointed Out That His Customer Service And Managerial Skills Were Seriously Lacking And His Supervisor Would Be Hearing From Me Again. He Said &Quot; Here'S Your Slip For A Refund, Now Leave.&Quot; Do I Have A Discrimination Case? I Don'T Want Money. I Want The Brat To Apologize To Me For His Rudeness And Bigotry Against Me, And Be Required To Attend Customer Service Classes (The Army'S Version Of &Quot;Customer College&Quot;). Your Help Drafting A Letter On Your Letter Head And Possibly A Phone Call Or Two Is What I Need From An Attorny, Any Helpers?

I assume what you are really asking is if you have a discrimination case based on weight, not T-shirt material.

The answer is still no. It's private property and you aren't a protected class. Sorry. I know it sucks. If they gave you back your money, that's the end.

Any Tips For Mock Trial Defense Attorney?
Important: It Is A Mock Trial Of Lee Harvey Oswald And I Am One Of The Two Defense Attorneys. Do You Have Any Information That Is Useful Wether It Be Pertaining To This Case, Or Just A Clever General Tactic. All Help Is Appreciated, Thank You.

I was once a mock trial coach, and I found that the kids on my team were woefully unprepared, so my first bit of advice is prepare, prepare, prepare. For each witness, read over any statements they have given many times. Know every bit of discovery backward and forward.
In trials, I always use a trial notebook. For me, this is a three-ring binder with index tabs for:
Opening Statement
One Tab for Each Prosecution Witness (for each one, put in any discovery for that person, with important areas highlighted, then have your list of cross exam questions that are suggested by the discovery)
One Tab for Each Defense Witness (again, put in discovery, and have your list of direct questions)
Closing Argument
Rules of Evidence (a summary)

You have to pretty much know the rules of evidence, you don't have much time to object.
The most important ones:
Hearsay (basically the witness is testifying to what someone else said, and the reason the other attorney is trying to get it in is that he's trying to prove that what the original speaker said is true)
Some common exceptions to the hearsay rule are : that it's an admission, in crim law, of the defendant; and that it was an excited utterance, said right away after a surprising event.
No Foundation (the witness hasn't testified that he or she has a basis for knowing what he or she is testifying about).
Irrelevant (the witness is testifying about something which doesn't prove or disprove a matter that's in dispute, like the elements of the crime).
Try to make your objections in kind of an indignant tone of voice, like you can't believe the other attorney is trying to pull this. That gives you some authority with the judge and jury, and it freaks out your opponent.
When the prosecution puts a police officer on the stand, they'll try to get in all of his credentials, like how long he's been a police officer, where he's worked, on and on. This is just to build up his credibility with the jury. Immediately interrupt, and say that the defense stipulates to his credentials.
Treat your client with respect. Look at him with interest, put your hand on his shoulder once in a while, and give him a legal pad and a pen so he can write notes to you. Then he won't interrupt your listening to the trial by whispering to you.
We all know that the Dallas cops beat the crap out of Lee Harvey Oswald, so put a bunch of black and blue make-up on his face, like his wounds haven't healed.
Good luck.

Generally, What Are The Defenses To An Aggravated Dwi?
In The State Of Nm, My Sister In-Law Blew A .22(.16 Is Considered An Aggravated Dwi Here). I'M Just Curious About The Possible Defenses. I Realize Every State Has Different Statutes...So Generally.

There is none. She got drunk voluntarily and drove her car in that condition. She is lucky she is not being charged with homicide by use of a vehicle.

Cap On Personal Injury?
Would You Be In Favour Of Continuing The Cap Or Removing The Cap On Personal Injury Awards For Soft Tissue Injuries, And Explain Why

"The memorable example of this is woman buys coffee spills coffee in lap sues because she wasn't told that the coffee was hot. Common sense says the coffee is hot unless you ordered it cold. Shouldn't be able to sue for that. And there are any number of examples."

The McDonald's coffee case is one of the least understood cases in American tort history. McDonald's ran a promotion which allowed people to have free/unlimited refills on their coffee. In order to keep costs down and limit the number of refills, they super-heated the coffee to a temperature which would cause serious burns if drank immediately. If this wasn't bad enough, the poured the coffee into traditional coffee cups. The problem here was that the cups were not rated for the temperature that McDonald's was heating their coffee to. The result - a person who ordered coffee (and was holding it inbetween their legs) had a cup melt on them and dump abnormally hot coffee all over them.

The person would have been seriously burned no matter how they were holding the cup, because it dissolved.