Category Archives: Law and Legal

Postings relating to the law and the legal profession.

Lawsuit Loans – A Review and Guide

Oddly enough, lawsuits cost money. Usually lots and lots of money, and for many people it may be difficult, if not impossible to cover the expenses of litigation so you can see it to its conclusion. As a result, an entire industry has formed around this need, providing litigation funding to clients who want to keep their lawsuits going. Any Lawsuits is one of the newer loan services offering funding for various types of lawsuits, and is the subject of this review.

A division of Alpine Funding, AnyLawsuits.com is currently in the process of a redesign, but so far their site has been easy to read and navigate, complete with a FAQ section that offers more details on how their funding service works. They also accurately explain that “lawsuit loans” aren’t actually loans, but are really cash advances, so the terms of agreement for this type of funding will be different from what you would expect from a typical bank loan.

Unfortunately, it was hard to garner how good the reputation of this lending company was. The site offers no testimonials from previous clients, and a search inquiry at the Better Business Bureau was unable to turn up any more information. In addition, there was little information as to what the terms of their cash advances might be, other than that you would be required to pay some type of flat fee once you receive a settlement. While this fee is sure to vary from case to case, it would help to give the visitor some general idea of how much he or she might be expected to pay in order to receive litigation funding, and outline what the typical conditions of their contract would be. Such disclosure should go far in establishing trust with current and potentially new clients.

A word to the wise though: litigation funding as a whole is not cheap, and according to financials experts should only be seen as a last recourse. How much you will pay back for such cash advances will depend on the provider, but usually there is either a recurring interest fee you will pay per month, based on the amount of the cash advance, or you will pay a flat fee once the lawsuit is settled. The interest rates can often be high, and since this type of lending is not subject to usury laws, the propensity for abuse is enormous. Say you were to receive $10,000 in funding, with a recurring fee of 10% per month. That’s a $1,000 you’ll pay out of pocket every month until your lawsuit is concluded. And if a lender is particularly shady, you may get hit with all types of unexpected fees while your lawsuit is ongoing.

Not all it’s cracked up to be is it?

As always, exercise due diligence and research before commiting to any one funding service. For more helpful information, check out these articles:

Need an Attorney?

God help you if you ever need an attorney, but just in case you do, the aforementioned link might be a good place to start.

Well maybe. For a site that touts itself as being a directory for the “Top Lawyers of America,” there’s not much info here to indicate why these particular lawyers might be worth your time. The directory is very sparsely populated to begin with, and while a forum is also available here, there’s been no activity on the message board since last May.

By all appearances though, this is simply an underexposed commercial directory where attorneys pay a fee to have themselves listed, though to the site’s credit, they do include a review and ratings systems for visitors who may have perused the services of these attorneys and would like to report their experiences with them. The sparse number of reviews found here seems not to be the fault of the site owners, but rather because of the directory’s lack of exposure. Regardless, the ratings systems allows visitors to voice opinions that can potentially inform us as to whether a particular lawyer is either worth our time (and hard earned money), or whether he should be avoided for being an evil spawn of hell that only the devil himself could love.

Given that a field such as law seems to have far more bad seeds than humanity could ever tolerate, websites that at least attempt to make an effort to sift the good from the bad deserve to have a chance to succeed. By all appearances, this directory still has a long way to go, but use a little web design consulting to polish its looks, and bring in an expert on SEO and marketing to help it gain more exposure, and we might just have a winner here. :-D

Admitting Foul Play At AutoAdmit

There’s been some discussion going around about the recent AutoAdmit lawsuit that was recently filed, and since I previously read about some of the details on Feministe a few months back, I thought I’d share my own take on it here.

You know, let’s face it: The Internet is not a safe place. There are some whacked out loonies on this box that would give even steely Chuck Norris the creeps (…ok maybe not Chuck Norris, but you get my point). Yet the women involved here (whether they were parties to the suit or not) had an unfortunate tendency to post their real names and upload pictures of themselves online, whether in galleries like Flickr or other settings, and sometimes these photos could be a bit, uhh… alluring.

They certainly had a right to do so if they wanted to, and to say that their actions meant they were automatically “asking for trouble” is plainly sexist to me. The problem though is that their behavior also exhibited a sense of naivete as to the dangers of posting personal information about yourself online, especially if you’re an attractive looking woman. I can understand their grievance here however, that if a guy can post details about himself and not get any flak for it, then the same should hold true for a girl.

But that’s not reality. Hell even I’ve been threatened to be sued, stalked, my server hacked and God only knows what else, and I’m a GUY. That’s partly why I don’t reveal too much about myself and use a pseudonym for blogging.

Even more, nothing superbly made the point as to the dangers of exposure on the Internet, than the recent hoopla over a certain high school pole vaulter who had suddenly become a Google trend and the topic of many rude and coarse discussions, all because of ONE professional photograph that had been taken of her (and no I’m not giving the name or posting a photo, so sod off horndogs). It all underscores the sad reality that the more info you post about yourself online, the more you leave yourself open for tremendous attack (or unwanted attention), no matter what gender you are. So as much as it might pain some proud feminists to do so, please, for your sake, be wise when posting content of a personal nature on the Internet.

Now let’s examine the other side of the equation, how some of the commentators at AutoAdmit treated the female law students in question…

I think here I’ll simply reiterate what I said on Ann Althouse’s blog (edited for clarity):

No offense Ms. Althouse, but you (and other law professors like Reynolds) basically flipped off the female law students in question and dismissed their initial fears out of hand, while completely glossing over the stalking elements of the AutoAdmit threads. If you showed any true sympathy for their plight as you claim, it must have been in passing, because that certainly wasn’t the impression I had when reading your thoughts on the subject.

The threads didn’t merely contain off the wall comments, but disturbing material that encouraged criminal behavior and put the targeted law students in legitimate fear for their safety. You had much to say about the students’ fear of being able to find work as a result of this mess, but to THIS you offer few, if any words of genuine sympathy.

While I personally do think a degree of it is hyperbole, including the issue of whether these threads could dramatically affect their career goals (it may or may not), there are other issues to consider, and even if the cause of action to bring suit lacks merit, it may be because the plaintiffs in question saw no other recourse. They asked that the threads be taken down, and as far as I know the administrators flipped them off (even now). The refusal to remove threads that discussed rape fantasies, listed addresses of the victims, encouraged quasi-paparazzi behavior (and God only knows what else) may be an exercise in free speech in your view, but it also showed a gross and utter lack of common decency. Yet for all this talk about copyright issues and damage to career prospects, etc., little has been said about the more disturbing (and yes violent) elements of the AutoAdmit threads here. Ciolli not only lost his job offer over it (as it appears), but he may have also inadvertently opened the door to the introduction of new case law (presuming this lawsuit actually has wheels) that could potentially assign some degree of culpability and liability to the administrators of Internet message boards for the future, all because this asshat refused to do the right thing in the first place. Insane laws always get started like this too. Because one jerkwad couldn’t be bothered to do the right thing, the rest of us have to pay for it.

In regards to free speech, some may remember the pressing issue of whether simply posting a list of home addresses to abortionist doctors on an anti-abortion website (and nothing else) constituted legitimate free speech. Yet to what purpose would this serve? That it might come up on Jeopardy one night? Compare this to posting the addresses of the female students on AutoAdmit and then making rather umm, rude suggestions on what to do with that information. Is this still protected free speech?

Such issues of free speech is a grave subject not to be taken lightly. But what some of the AutoAdmit members did was incredibly atrocious, and if we can agree on that, what then should have been the proper recourse, if not this lawsuit? From this side of the valley the answers collectively seem to be: just ignore it.

Are you kidding me? If candid snapshots of me were posted on an hostile forum complete with my home address and healthy discussions on what Big Bruno would like to do to me once he gets his hands on me, I’m supposed to IGNORE this? I think I can understand now why some feminists might not like conservatives very much.

It’s also surprising to see law professors who are charged with teaching proper legal analysis to their students, analysis that requires a careful evaluation of ALL sides, would resort to making treatises that would be so obnoxious and embarrassingly one dimensional in tone here.

Law professors. Ugh. The scummiest kind of lawyers indeed.

You know, it does seem to me that some of the blogging law professors’ reaction to the law students’ complaints have been obnoxious to say the least, and it’s unfortunate to see them have an overbearingly overexposed presence in the blogosphere. But then again what other occupation pays you a 6 digit salary with a work week of only 8-10 hours and the possibility of tenure, (which curiously enough leaves you all the time in the world to blog?) :-D

And So It Ends

Lies, betrayal, and deceit at long last put the final nail in the coffin of my law school dreams.

Well I wanted an answer, and after 18 months I finally got it in spades. When it happened, my anger once again reared its ugly head as I began to shake my fist at God for all the grief He’s allowed me to endure, but afterwards I began to resign myself to my fate. In a way I’m glad it’s over. While I may be destined to drift through life with no sense of purpose or meaning, I was at least relieved of the trauma 3-4 years of law school would almost certainly have brought me.

But after taking communion and reflecting on the events of the past week, I was directed to read Psalms 73 and Psalms 92, verses that talk about God taking vengeance on our enemies. So maybe this isn’t quite over just yet.

In any event, I wonder why I had to enter my thirties still without any clue as to what career might best suit me. I grew up falling in love with the notion of solving mysteries and clearing cases, and because of it I always thought law enforcement was where I belonged. For whatever reason I loved the idea of justice, of being the guy who could help put right where people did wrong. The shows I watched and the books I read all fed my passion of uncovering hidden truths, exposing lies, solving crimes, and of course, catching the bad guys.

I started college with my heart set on what I thought was the right profession. I had dreams, aspirations, and eagerly looked forward to a promising future in the career of my choosing. I saw myself being well established in the profession by the time I turned 30, married to the love of my life, and perhaps even a father to several wonderful children.

Instead, graduation from college would see me become unemployed for almost 2 years, then evicted illegally onto the streets, and finally trapped in a dead end job as a no name clerk. At 30 years of age, I had accomplished nothing. I was a failure. I was nothing more than a vagabond with a job, a helpless prey to my enemies.

It was evident that only God could salvage the mess that I had made of my life. And it is what I hope for, in spite of all the fist shaking.

And the answer is…..

Maybe.

18 months of soul searching, seeking, knocking, begging for clear direction, begging for signs, begging for ANYTHING that might give me an indication that I wasn’t making the mistake of my life by signing up for law school, and now here I am… one day before the deadline, STILL without an answer.

I spoke to my supervisor about my intentions and how keeping night pay would be a necessity for me even if I switched to a day shift. One of my co-workers was still getting it even though he now works days, so I knew it wasn’t impossible, and if they rejected it in my case while he continues to collect night pay, it would clearly show favoritism, and they know I’d raise hell about it. After my boss spoke to his boss, he came back to me and said I would need to come up with a plan and a new schedule that would still keep everyone happy, and if I could I do that, maybe I’ll be able to keep my night pay as well.

I looked at him like he had gone mad and thought, “Isn’t that supposed to be YOUR job??” I couldn’t believe his response to my request had been to simply pass the buck to me.

So I went to my union rep, who told me she would call another union rep, who as luck would have it, was out with a broken ankle and wouldn’t be back for some time. After I kept emailing her, she sent me a testy response basically indicating that I was on my own.

I didn’t know what to do. Why couldn’t I get any straight answers from anyone? Why couldn’t I just have been told, “No, you can’t do it!” and then I could finally move on with my life? Why did I even have to be accepted to law school in the first place, and thus avoid all this grief?

I was now saddled with the burden of coming up with a new work schedule to accommodate 5 people, while also having to ensure that their work schedules would stay intact with as little change as possible. I also had to deal with one erratic co-worker who I knew could not be trusted to adhere to any schedule I propose, even if she might initially agree to it.

What a mess. With a broken and heavy heart, I called my coworkers together and explained the situation. We talked about it for a while without really resolving anything, and then I went to work on diagramming our complete work schedule to see how I could possibly fill in the gaps.

Some how, some way, I saw a possible solution that involved my coworker Mickey coming in a little later than usual on Mondays and Fridays to cover, which he agreed to. I put together the new proposed schedule with a letter, and left it on the desk for my boss to go over tomorrow, which of course is also the same day as the deadline to make my deposit.

And I know what will happen too. Nothing will get resolved, the issue of whether I’ll be able to keep night pay will still be in limbo, and if I make a deposit after the deadline expires, I’ll only be able to secure a seat if someone else withdraws and my name comes up next on the waiting list. I could easily be waiting all summer long before I’ll know anything for certain.

I’m beginning to understand now why so many Christians simply can’t wait around for an answer regarding these kinds of life changing decisions. Who could do this really? Who could be willing to wait and wait and wait while life passes you by and all of heaven seems to be as brass? Some people just do whatever the heck they want and assume whatever path they choose is automatically God’s will, yet without consulting with Him, or seeking His direction, or waiting to give Him a chance to guide them. And sometimes they’ll get blessed anyway, in which case they become even more obnoxious and convinced that because they prospered, they have been operating within God’s will all along. It’s a form of pragmatism that never did sit right with me.

I always thought it noble that I defer to God’s own desire for my life, and allow Him to guide me where He wanted me to go, instead of just simply doing my own thing. But I NEVER expected that this would have been the price I’d have to pay for clinging on to that belief, losing so much time and experiencing so much agony just in waiting for an answer that may in fact, never come. It angers and depresses me that this how I am rewarded for having what I thought were the noblest of intentions. I wasn’t arrogant in pursuing my own path. I wanted the Lord to lead me, to choose a career for me, since I felt He of all people of course would know where I’d be able to make the most difference, where I could do something worthwhile and meaningful. Instead, I’ve been left to drift endlessly, mourning wasted years and feeling abandoned by a Father who had promised He would never abandon me.

What kind of testimony can I possibly give now to the world? My very life up to this point indicates that it is unprofitable to wait on the Lord for much needed answers. We can but only direct our own life without His input or His guidance. We are in a way orphans, left to fend for ourselves, tossed to and fro by the storms of life, without hope of ever seeing calmer waters.

And yet, in spite of it all though, somewhere deep down inside of me, my soul is still clinging on to hope… praying that the stormy chaos of today will give way to a peaceful, joyful calm in the morning.

So let us see what the morning will bring.

A Legal Endgame

Alright, this has gone on long enough.

My decision on whether to attend law school or not has taken me on a road almost as long as law school itself. It all began in October of 2005, and it may finally, FINALLY come to an end on Friday the 13th, which is the deadline for the deposit I would need to make to secure my place in the part time evening class of the law school I applied to near my job. Interesting enough, this would mark the 18th month of this pre-law school to the DAY. Hmmmmm….

I’ve been asking for signs, for answers, for guidance, for ANYTHING to indicate whether this was the way to go. I got in return: nothing. But nothing might eventually become something this week. Because I couldn’t get the school to accommodate my night time working hours, I was ready to write off the legal profession once and for all and finally move on with my life. But then something happened at my job. Our night work got eliminated, leaving the possibility that I might actually get transferred to a day shift after all. There’s no telling whether this might happen or not, especially given the idiots that run the place here, but it’s certainly possible. I looked into the possibility of switching my acceptance to the school from part time days to part time evenings, and much to my surprise they were happy to accommodate me in this respect.

The issue now though is my night pay. I earn roughly $400 more a month just for working in the evenings. If it came to me having to voluntarily switch to a day tour (instead of being forced to switch) so I could attend school at night, then I wanted to do so without losing that money. One of my other co-workers at least was still getting night pay even though his hours had been switched, so I knew it was possible. I’ll have a meeting with my union rep this Tuesday to discuss the issue. My union rep also knew of a scholarship I might be qualified for, so we’ll be discussing that as well.

It also hadn’t escaped my notice that for the first time in the almost 7 years I’ve worked here, a new change would be instituted that could eliminate more than 50 percent of our workload. That this was scheduled to happen the same month that I would start law school was very peculiar. It meant the amount of work would soon be light enough that I could spend ample time studying on the job. It was yet another concern that had been squared away.

Finally, Uptown Girl is a lawyer herself. It raised new possibilities for a future relationship that could happen between us, but in what way I didn’t really know. Still, it was another peculiar coincidence. But whether all these strings of coincidences point to something or not remains to be seen. I guess what will seal it for me is being able to secure my night pay even if I start working a day shift. If that happens, it will be a minor miracle that would allow all the pieces to finally fallen into place, and the law school dream formerly left for dead comes alive once again.

If I know my luck though, nothing might actually be decided this week. If I don’t get a definitive answer from my union rep about the night pay until after the deadline, I would still be able to make a deposit, but I would not be guaranteed a seat unless someone else withdraws their enrollment. In this case I would just have to cross my fingers and hope for the best. Of course, if I can get night pay AND be able to secure myself a seat in school even after the deadline had already passed, than I bloody well owe it to myself to give this thing a real shot.

If God is merciful though, than this week will finally be the one to provide me some solid answers.

Looking for purpose

I think my very existence could serve as living proof that it’s possible for God to make mistakes. From my direction-less life to my uncanny ability to make bitter enemies in a nanosecond, I wonder if I’d be able to singlehandedly restore the natural order of the universe simply by walking in front of a moving train. Would it really be a sin for me to finally set things right by bringing about my own demise? Makes me wonder…

Anyhoo, the deadline for the two law schools I applied to is fast approaching. Even though I pretty much wrote off attending law school altogether, it became official for one school today when I mailed in my withdrawal notice. For the other school though, the deadline isn’t until April 13th. And admittedly, things have gotten a little interesting here. There’s been some ongoing changes at my job, part of what may appear to be the phasing out of our traditional nightly work load. If that’s the case, it’s possible my working hours will change from the evening shift to a day shift instead. And if that happens, it would render the issue of getting classes scheduled around my working hours during the day totally moot. I’d then be able to take all my classes at night without any scheduling conflicts at all.

This is all a BIG maybe though. Even if that did happen, I’d have to know for sure before the deadline, and on top of that I’d have to receive some confirmation from the LORD that this is what He wants me to do (yes I’m a Christian, and weirdly enough I would actually like to receive God’s blessing before venturing into a new and risky profession. If that freaks you out, then take some valium and sod off.)

I don’t think anything is going to pan out though, especially if I am to prescribe to my theory that my total existence thus far has been one huge cosmic mistake. But then again, there’s still a little part of me that hopes otherwise, and hope (as they say in the Shawshank Redemption) is a good thing… maybe even the best of things.

And for now, it’s all I have.

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