Can anyone provide legal counsel? - I'm being sued
05-31-2007, 01:21 PM
#46
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It is interesting..Wikipi "Overall bar exam pass rates tend to hover between 40 and 50%, and are usually among the lowest in the United States. First-time takers, however, have a pass rate around 60%.
One reason for the low pass rates is that California allows graduates of law schools that have not been accredited by the American Bar Association to take its bar exam. In contrast, graduates of ABA schools have a first-time pass rate of approximately 69%, while graduates of non-ABA schools pass at a rate of about 25% on the first try (in 2005, first-time takers who attended non-ABA schools passed at 25.9% rate). [9] Another reason for the low passage rate is that repeat takers may take the exam as many times as necessary to pass: approximately 15% of repeaters pass the exam on each administration." .... Makes you want to ask how many times someone took the test before you retain them
as well as where they went to law school !
One reason for the low pass rates is that California allows graduates of law schools that have not been accredited by the American Bar Association to take its bar exam. In contrast, graduates of ABA schools have a first-time pass rate of approximately 69%, while graduates of non-ABA schools pass at a rate of about 25% on the first try (in 2005, first-time takers who attended non-ABA schools passed at 25.9% rate). [9] Another reason for the low passage rate is that repeat takers may take the exam as many times as necessary to pass: approximately 15% of repeaters pass the exam on each administration." .... Makes you want to ask how many times someone took the test before you retain them
as well as where they went to law school !
05-31-2007, 03:08 PM
#48
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Originally Posted by Imo000
The magic number for Cousin Vinny was 6!
05-31-2007, 03:11 PM
#49
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it's academic boot camp...
05-31-2007, 04:20 PM
#50
Three Wheelin'
Originally Posted by Courtshark
I frequently thank the good Lord that my magic number was 1. I would never want to go through that hell again! Definitely the hardest thing I've ever done in my life, and that includes going to law school full time for three years, which was no cake walk.
05-31-2007, 05:24 PM
#51
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Quote:
Originally Posted by tomcat
I thought you could become a lawyer by passing the bar exam and not go to law school?
This may explain my 40 years of frustrating experience with Lawers in the state of California.
Originally Posted by tomcat
I thought you could become a lawyer by passing the bar exam and not go to law school?
I thought you could become a lawyer by passing the bar exam and not go to law school?
05-31-2007, 05:24 PM
#52
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Originally Posted by TJS
"The suit is being filed in San Rafael, CA. And yes the wording is "Complaint for breach of contract and breach of implied warrantee of fitness"
I'm also reading from the paperwork:
Hearing on failure to File Proof of Service: 5/10/07
Hearing on failure to answer: 6/8/07
Appear for case management conference on 7/20/07
case management statement must be filed by 7/5/07"
When were you served? Normally you have 14 days to file acknowledgement of service and then a further 14 days to give particulars. Have you sat on this case for a month?
I'm also reading from the paperwork:
Hearing on failure to File Proof of Service: 5/10/07
Hearing on failure to answer: 6/8/07
Appear for case management conference on 7/20/07
case management statement must be filed by 7/5/07"
When were you served? Normally you have 14 days to file acknowledgement of service and then a further 14 days to give particulars. Have you sat on this case for a month?
05-31-2007, 05:25 PM
#53
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Originally Posted by Fogey1
Tarek,
At the top of all those papers will be a court name. "In the such and such court of such and such county (or district), such and such a state."
Get thee to a lawyer. Time is of the essence. You need to do a few things really fast and then it will either be over or slow way down.
If your Florida lawyer doesn't have any Bay Area lawyer friends to ask for recommendations, I do. Email me if you're interested.
At the top of all those papers will be a court name. "In the such and such court of such and such county (or district), such and such a state."
Get thee to a lawyer. Time is of the essence. You need to do a few things really fast and then it will either be over or slow way down.
If your Florida lawyer doesn't have any Bay Area lawyer friends to ask for recommendations, I do. Email me if you're interested.
05-31-2007, 05:26 PM
#54
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It sounds to me like there may be defective service. Call a lawyer now Tarek, as most states give little time to respond or object to these claims.
05-31-2007, 05:30 PM
#55
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Originally Posted by TAREK
.... I'm waiting on a call back from the attorney. ...
05-31-2007, 05:48 PM
#56
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It's "Marin County Superior Court"
Just ask a few of the Norcal guys how to appraoch this. I bet Ron H would know!
05-31-2007, 11:33 PM
#57
Burning Brakes
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$8,000 is alot for a GTS engine, and if its really broken and he can prove that it had nothing to do with him or his shop (he would have to produce pictures, a log of dates, procedures and other and party qualified opinions) then I would give him his money back. $8k doesn't sound like the right price for a GTS engine that is unknown if it works at all. I think I saw someone selling one that had a known working history for 6,000. I think most people wouldn't spend more than $3500 for a GTS engine that has an unknown running condition or warranty in writing.
The fact that you left the condition totally vague and that the price was very high for this engine would make a judge automatically think that you left the buyer under the impression that this engine works fine.. Especially if the buyer brings in comps on other used GTS engines.
One bad thing is that you can't prove that it worked when you sold it. If it was in the contract that you sold him a blown engine ( I dont think that was the verbage though), then he has no case at all.
On the other hand, you have to decide what is right. His shipper may have damaged the engine, dropped it off the back of a truck, or the mechanice may have, or maybe he forgot to put oil in it and it had a meltdown but its easier to stick you with the bill.
The fact that you left the condition totally vague and that the price was very high for this engine would make a judge automatically think that you left the buyer under the impression that this engine works fine.. Especially if the buyer brings in comps on other used GTS engines.
One bad thing is that you can't prove that it worked when you sold it. If it was in the contract that you sold him a blown engine ( I dont think that was the verbage though), then he has no case at all.
On the other hand, you have to decide what is right. His shipper may have damaged the engine, dropped it off the back of a truck, or the mechanice may have, or maybe he forgot to put oil in it and it had a meltdown but its easier to stick you with the bill.
