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If it is like it is here in Germany Chad would either have to drop one mandateship or the suing party would have to choose a different lawyer
Big companies have consultant-contracts with important, agressive and reputable law firms just to be save from lawsuits coming from them.
:develish:
Quote:
Originally Posted by Lee
Maybe trying to work-out the problem before you jump to sue someone in your own industry and using him as a type of mediator. If an equable solution could not be reached then possibly getting another attorney if you feel you are on the losing end of said decision. I personally think we should support one another as much as possible, and suing another gay webmaster should be the last option.
*flump*Quote:
Originally Posted by maxpower
[picking my self up off the floor and dusting 'things' off]
WOW, you cease to amaze me, MaxV2.0
Yah, too many people are too quick to throw out that umma gunna sue your arse off threat, it makes me sick.
IF I were ever in need of counsel, I would have Chad ... as a lawyer.
Our attorney here at YNOT is awesome... Eric M. Bernstein. Extremely well versed in 1st amendment and a plethora of issues unique to adult webmasters. His website is at http://www.embalaw.com ... if you have any questions please feel free to contact me at icq 92418228 or email jay@ynot.com thanks...
The answer is simple--both parties have to get separate counsel. I will not be involved and likely drop both clients permanently for all matters.Quote:
Originally Posted by Lee
Even in the event of a little spat, I will not take sides, nor help one side gain an advantage nor do I ever share information between companies. You also won't hear me talk about who is on my client list, although it seems those on my client list are very happy to be there.
Thanks to everyone that has such words of praise for me. You are almost makin' me blush again~
Ah okay, is that something that the bar association says has to happen or just something you personally would do?Quote:
Originally Posted by chadknowslaw
Regards,
Lee
Quote:
Originally Posted by Lee
The Bar would actually allow me to represent BOTH sides, if I fully disclose, in writing, the conflicts that are present and get written permission from both sides to continue representation. Bar Ethics rules are weird.
My own personal ethics rules are definitely more strict than the Bar Association. I may joke about being just an Iowa farm boy, but there are things I learned growing up in rural Iowa that I still practice today, and the ethical standards I hold myself to draw very heavily from living life in farm country. You don't fuck your neighbor, you don't do anything that you would be ashamed of because everyone will find out anyway, and learn to get along because nobody is going anywhere.
That certainly makes sense to drop both clients. Because with the access a lawyer has been given by both clients prior to a lawsuit between them ever being considered, it would not be right for the lawyer to represent one over the other. How could they assure the dropped client that nothing they were made privy to during their relationship would now end up being used against them?
I think it's pretty cool that is your stance on that, and certainly seems the right thing to do.
Haha damn they are weird.Quote:
Originally Posted by chadknowslaw
How would that work in court? Would you need to move from table to table to present each parties case? LOL
I know in the UK if one party has an attorney, the other cant use that same attorney hence why i asked in the first place.
Strange stuff for sure.
Regards,
Lee
The other thing is... lawyers are like doctors, but few people get that. You wouldn't go to a orthopedist for brain surgery, so you shouldn't go to a generalist attorney for something very specialized, such as a complex intellectual property dispute or an involved employment practices dispute.
So most of the larger companies have more than one attorney. Chad is well rounded having both a pretty strong basis in criminal litigation (as a former prosecutor) and the work he's done over the past several years with specialty in the adult industry in general and 2257 in particular. But if I had the justice department breathing down my neck, I would have Chad representing me, but I'd probably also have J.D. Obenberger or Greg Piccionelli or one of the other guys that's been around for a really long time on retainer for assistance, under the "two heads are better than one" rule. I know that during the first weeks of the June 23rd 2257 issue, several of the larger players were meeting with 2 or 3 2257 specialists, getting opinions from all of them (which often didn't match) and then making the best educated decision they could.
And to comment on Maxpower's statement... yes... it is VERY easy to say "I'm going to sue your ass"... but until you've been through the process a couple times (and I don't mean small claims), you really don't have any concept of how expensive, time consuming, and unsatisfying it can be to do that. Using alternative dispute resolution (mediation/arbitration), or just simply trying to sit down and talk are MUCH better approaches for everyone.
I've settled cases where I was clearly in the right just because it wasn't worth the time or hassle to mount an offense or defense, and my time is better spent building my business. Of course, that won't always be the case, but you'd be surprised how often when you actually make the effort, you can get a satisfactory solution just by reasonable discussion.
Joe Obernberger (JD) is excellent. He represents our firm on certain issues.Quote:
Originally Posted by BrianDN
Bill
what would be more funny is him saying soemthing then suddenly objecting to it :)Quote:
How would that work in court? Would you need to move from table to table to present each parties case? LOL
I think I've got a good idea for a porn plot now :)
HahahaQuote:
Originally Posted by collegeboyslive
Ive seen that in a movie somewhere but i cant remember which one, Liar, Liar perhaps?
Regards,
Lee
Maybe, but I don't think anybody would buy the notion that one of your models is old enough to be a lawyer. I guess that means I will just have to make a cameo appearance. :develish:Quote:
Originally Posted by boyfunk