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post #21 of 29 (permalink) Old 12-04-2012, 04:51 AM
I am the vanilla gorilla!
 
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I'd rather be ass-to-ass with Kirk
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post #22 of 29 (permalink) Old 12-04-2012, 04:54 AM Thread Starter
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Kirk, i know you're an old fart. And you're a government cotractor i believe? Why is it everytime you speak, i catch legal jargon in there? You're very articulate and extremely well at identifying the main scope of an arguement and flowing with the main topics. Is any part of your work in the legal field?
Hmmm...what legal jargon did you catch? I don't work in the legal field, but have spent an appreciable amount of time entangled in it. Also, most every contract we have comes to us blessed with 75 or 80 pages of legalese. It used to be pretty straight-forward, but now a lot of it seems to be getting written by amateurs, or people who think they know what they are writing, and we are spending more and more time articulating exceptions to it. Then, we always run up against somebody who is a "shall" vs "will" zealot and believes the proper selection of those words is paramount to the success of the contract, as if the contract is the product, and not what it is that is being procured.

Years ago, while sitting in the deposition of an individual who believed I had no right to leave my employer and start my own business; that I was somehow forever indentured to his company, he went on and on about the use of shall or will in legal documents, and how crafty he was to use them properly to his own benefit. Granted, there is a minute legal difference between the two, but when taken in totality with the rest of the document, terms and conditions, etc... of contracts, they mean almost nothing. My attorney was rolling his eyes at a break and said here's an example of what a local judge told another clown who thought he knew everything about the law because he read a little on it: "You shall appear before me tomorrow at 1:00 pm, and if you believe that by my saying shall you don't actually have to appear before me as long as you attempt to do so, then I will find you in contempt of court."


I have a legal (sort-of) question for you. If you sued somebody for $1 million, and accuse them of 7 or 8 various torts, and eventually have to request your own lawsuit be dismissed......with prejudice, what would you generally surmise about that situation?

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post #23 of 29 (permalink) Old 12-04-2012, 06:08 AM
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Hmmm...what legal jargon did you catch? I don't work in the legal field, but have spent an appreciable amount of time entangled in it. Also, most every contract we have comes to us blessed with 75 or 80 pages of legalese. It used to be pretty straight-forward, but now a lot of it seems to be getting written by amateurs, or people who think they know what they are writing, and we are spending more and more time articulating exceptions to it. Then, we always run up against somebody who is a "shall" vs "will" zealot and believes the proper selection of those words is paramount to the success of the contract, as if the contract is the product, and not what it is that is being procured.

Years ago, while sitting in the deposition of an individual who believed I had no right to leave my employer and start my own business; that I was somehow forever indentured to his company, he went on and on about the use of shall or will in legal documents, and how crafty he was to use them properly to his own benefit. Granted, there is a minute legal difference between the two, but when taken in totality with the rest of the document, terms and conditions, etc... of contracts, they mean almost nothing. My attorney was rolling his eyes at a break and said here's an example of what a local judge told another clown who thought he knew everything about the law because he read a little on it: "You shall appear before me tomorrow at 1:00 pm, and if you believe that by my saying shall you don't actually have to appear before me as long as you attempt to do so, then I will find you in contempt of court."


I have a legal (sort-of) question for you. If you sued somebody for $1 million, and accuse them of 7 or 8 various torts, and eventually have to request your own lawsuit be dismissed......with prejudice, what would you generally surmise about that situation?
Fubar attorney.Fubar contract. Good judge.

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Kirk is a total dick.
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post #24 of 29 (permalink) Old 12-04-2012, 06:24 AM Thread Starter
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Fubar attorney.Fubar contract. Good judge.
no contract involved.

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post #25 of 29 (permalink) Old 12-04-2012, 06:27 AM
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no contract involved.
Bat shit crazy unfounded claim?

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Kirk is a total dick.
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post #26 of 29 (permalink) Old 12-04-2012, 06:28 AM Thread Starter
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Bat shit crazy unfounded claim?
I'll go with that.

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post #27 of 29 (permalink) Old 12-04-2012, 06:37 AM
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I'll go with that.
Just settled one of those this year. 5 years ago we sold our house to a couple from the Shitcago area. He's a doctor and she's a life support system for a vagina. A year after we sold the house (admitttedly a POS from the get go) the basement walls started leeching water, coming from an improperly poured brick ledge. We had some leaks repaired by the builder a few years before but it looks like they bandaided the issues. The buyers started sending us estimates to fix the issue. We told them we wanted to come look at it with a pro and they said no. We told them to twist in the wind. 3 years later, 5 days before trial they want to settle. We offered them half of what it would cost us for the trial. They accepted the pittance and done. Useless waste of my time and energy and they got 1/12th of what they were suing us for. People are stupid. Their settlement was 1/6th what they paid in attorney fees.

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Kirk is a total dick.

Last edited by Meister37; 12-04-2012 at 06:49 AM.
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post #28 of 29 (permalink) Old 12-04-2012, 06:47 AM
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Originally Posted by KMac View Post
Hmmm...what legal jargon did you catch? I don't work in the legal field, but have spent an appreciable amount of time entangled in it. Also, most every contract we have comes to us blessed with 75 or 80 pages of legalese. It used to be pretty straight-forward, but now a lot of it seems to be getting written by amateurs, or people who think they know what they are writing, and we are spending more and more time articulating exceptions to it. Then, we always run up against somebody who is a "shall" vs "will" zealot and believes the proper selection of those words is paramount to the success of the contract, as if the contract is the product, and not what it is that is being procured.
Unfortunately that is now the norm in the gov't contracting world.


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post #29 of 29 (permalink) Old 12-04-2012, 10:43 AM
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I have a legal (sort-of) question for you. If you sued somebody for $1 million, and accuse them of 7 or 8 various torts, and eventually have to request your own lawsuit be dismissed......with prejudice, what would you generally surmise about that situation?
Lol. I call that a SLAP suit and he slapped himself in the mouth with it.
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