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The first, an April 15th classic;
http://www.macnelly.com/editorial_im...-1040form.html The second, a question. Say a kid gets killed and a settlement is reached in a wrongful death lawsuit, who gets more money, the father of the kid or the lawyers ? http://tinyurl.com/3y22y -- Ken Fortenberry |
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Ken Fortenberry wrote in message ...
The first, an April 15th classic; http://www.macnelly.com/editorial_im...-1040form.html The second, a question. Say a kid gets killed and a settlement is reached in a wrongful death lawsuit, who gets more money, the father of the kid or the lawyers ? My view is that the family gets ALL the money, then they pay the lawyers for their services. If you view the lawyers as taking 'some of the settlement', you might as well begrudge anyone who gets paid at any time from that money: the barber, mechanic, the mortgage holder... --riverman |
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Ken Fortenberry wrote: The first, an April 15th classic; http://www.macnelly.com/editorial_im...-1040form.html funny The second, a question. Say a kid gets killed and a settlement is reached in a wrongful death lawsuit, who gets more money, the father of the kid or the lawyers ? easy answer in nc... the father. but here's one for you. case is in north carolina. father makes the decision to employ lawyer on the typical contingency fee contract - 33% of recovery, plus reimbursement of costs. say it's a difficult case. say it goes to trial. lawyer has advanced costs in excess of $50,000 for appropriate experts, depositions, investigation, etc..., and spent more than 1000 hours of professional and office staff time in preparing for trial and in the trial of the case... and, say, the verdict in North Carolina is that the defendant was negligent, but that the boy (over 12) was 10% at fault in causing the event and his death, so the jury says the boy is contributorily negligent. so, there is no recovery at all in north carolina. so...since you were talking shares of money, who do you think absorbs the 50k and the 1000 hours of work? jeff http://tinyurl.com/3y22y |
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Jeff wrote:
Ken Fortenberry wrote: The second, a question. Say a kid gets killed and a settlement is reached in a wrongful death lawsuit, who gets more money, the father of the kid or the lawyers ? easy answer in nc... the father. The Ohio case in question was settled out of court, why would an out of court settlement in North Carolina necessarily be any different ? but here's one for you. case is in north carolina. father makes the decision to employ lawyer on the typical contingency fee contract - 33% of recovery, plus reimbursement of costs. lawyer lost the case snipped so...since you were talking shares of money, who do you think absorbs the 50k and the 1000 hours of work? Yeah, poor thing, the lawyer rolled the dice and lost, I don't have a problem with that. ;-) What frosts my shorts is when this is portrayed as some sort of "public service" instead of being portrayed for what it is, a failed money-grab by institutionalized scum. -- Ken Fortenberry |
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Jeff M notes:
who do you think absorbs the 50k and the 1000 hours of work? yup, people tend to overlook that detail and also the fact that when you need one, a lawyer can be the only useful professional to turn to. Odd how people don't look askance at other specialized professionals in the same light. Tom |
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BJ Conner wrote: The barber, the mechanic, the mortgage holder etc. all have a price and you know what it is going in the door. The lawyer is the one that says " how much have you got? " ....without equivocation bj, you're simply full of ****. your gross generalizations continue to astound me... but, i guess every toad is entitled to croak the song that defines its nature... jeff |
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Tom Littleton wrote: Jeff M notes: who do you think absorbs the 50k and the 1000 hours of work? yup, people tend to overlook that detail and also the fact that when you need one, a lawyer can be the only useful professional to turn to. Odd how people don't look askance at other specialized professionals in the same light. Tom you know tom, there is no doubt some lawyers are ****s and deserve criticism for their conduct. it's the lemming-like generalizations that **** me off. if anyone wants to say a specific lawyer is a thief or charges too much or is an idiot, fine. state the name, let's get the facts, and maybe i'll agree. i might even know the person named. same with doctors, dentists, barbers, engineers, biologists, newspaper reporters, politicians, bankers, programmers, electricians, college profs, trout guides, lab scientists, mayors, generals, mechanics, architects, hooters waitresses... if there is a particular professional practice that offends someone's sense of right, ok, name it. you might be surprised at how many lawyers might agree... but to make crass general statements about all lawyers, or to make assumptions about a particular lawyer based on those generalizations, particularly in this venue, is simply a sign of a weak mind. ... jeff |
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Jeff Miller wrote:
Tom Littleton wrote: yup, people tend to overlook that detail and also the fact that when you need one, a lawyer can be the only useful professional to turn to. ... That's one of the stupider sentences ever posted here. When I need someone to suck the **** out of my septic tank there ain't but one useful professional I can turn to. What's your point ? you know tom, there is no doubt some lawyers are ****s and deserve criticism for their conduct. ... Funny how a remarkable newspaper blurb posted here causes a lawyer to publicly defend his profession. If someone posted a tirade against computer weenies or freelance writers I would not feel compelled to defend them or accuse divorce lawyers of having weak minds. -- Ken Fortenberry |
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Ken Fortenberry wrote: The Ohio case in question was settled out of court, why would an out of court settlement in North Carolina necessarily be any different ? i have little knowledge of ohio practices. when i tried to access your chicago trib site, it required a registration of some sort, so i bailed. i assumed it reported a bizarre chicago circumstance. i have no ****ing clue what might happen in that place - but i wouldn't be surprised. anyway, i never read whatever it was that piqued your uniquely thin, but interesting, skin. given my admitted stupidity and cluelessness, i thought i'd stick with what i know...and, since your question was posed in a non-specific form, i gave the answer i knew. out-of-court settlements - if you mean a settlement negotiated without any formal legal process being instituted - typically involve a 25% contingency fee. many settlements are negotiated on the "eve" of trial. they aren't really "out of court", and occur only after substantial work, trial readiness, and the threat of a jury's assessment of the case. in my little backwater, there is one lawyer advertising a 10% contingency fee. i wouldn't employ him, but he's there, available to anyone who wants to engage him. many of us (in nc) accept cases on a contingency basis in which we agree to charge a 33% contingency only on the sum recovered above that which some insurance company has offered the client before we were employed. go get your best deal from the insurance industry, take it if you believe it fair; if it's not perceived as fair, hire the lawyer, who only earns an income on what he/she got for you that you wouldn't/couldn't have gotten for yourself. Yeah, poor thing, the lawyer rolled the dice and lost, I don't have a problem with that. ;-) What frosts my shorts is when this is portrayed as some sort of "public service" instead of being portrayed for what it is, a failed money-grab by institutionalized scum. this response betrays a superficial, visceral process at work. i don't think my reply portrayed anything as a "public service". it sure didn't meet your description. i thought we were talking money. you seemed ****ed because you don't like lawyers in general (and individually), don't like the contingency fee system of employing lawyers in particular, and find it unreasonable that someone voluntarily decides to employ a lawyer on terms that entitle the lawyer to collect a sizeable sum as a fee if a substantial recovery is actually obtained. there are legitimate arguments/complaints about the contingency fee system. so far, your invective in our little conversation is without substance. responsible lawyers in this and every other state use written employment agreements which describe the fees and the services. they are contracts like any other, except easier to read and understand. each party can decline the terms, accept the terms, or negotiate the terms. ...no one is coerced. you can enter into an hourly rate services contract instead of a contingency fee contract if you wish. plus, every injured person is free to negotiate an acceptable settlement with the insurance company or the adversary without employing a lawyer. "money-grab", "institutionalized scum"... not particularly insightful or instructive or persuasive... but cute. jeff |
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Ken Fortenberry wrote: When I need someone to suck the **** out of my septic tank there ain't but one useful professional I can turn to. damn... i'd never have thought that was a job you had to hire out...;) Funny how a remarkable newspaper blurb posted here causes a lawyer to publicly defend his profession. oh jeezus... almost as funny as a freelance weenie's tirades in defense of what i consider less worthy issues. it's all in the perspective, isn't it? btw, i never read your newspaper blurb... If someone posted a tirade against computer weenies or freelance writers I would not feel compelled to defend them or accuse divorce lawyers of having weak minds. perhaps, but i doubt many will accept this assertion, given the compulsive nature of your tirades and accusations against top posters and spammers - a worthy effort indeed - not to mention your endearing method of communicating with those you label as rednecks or eco-unfriendly. jeff |
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On 15 Apr 2004 22:21:36 GMT, (Tom Littleton) wrote:
Odd how people don't look askance at other specialized professionals in the same light. Some people. Maybe even most people, but there are a lot of professions that I look askance at and wonder what the actual cost of their services would be. -- rbc:vixen,Minnow Goddess,Willow Watcher,and all that sort of thing. Often taunted by trout. Only a fool would refuse to believe in luck. Only a damn fool would rely on it. http://www.visi.com/~cyli |
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Jeff Miller wrote:
Ken Fortenberry wrote: Funny how a remarkable newspaper blurb posted here causes a lawyer to publicly defend his profession. ... it's all in the perspective, isn't it? btw, i never read your newspaper blurb... It's absolutely HILARIOUS that the mere rumor of a newspaper blurb would cause a lawyer to pontificate at length on a fly fishing newsgroup and somewhat amazing that he'd do so for FREE. ;-) -- Ken Fortenberry |
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"Ken Fortenberry" wrote Funny how a remarkable newspaper blurb posted here causes a lawyer to publicly defend his profession. If someone posted a tirade against computer weenies or freelance writers I would not feel compelled to defend them i think that observation is truly ironic. while your adoption of an indiscriminate attack on an entire profession in the face of your empirical experience with at least two of its members that must have, in all fairness, indicated to you that decent human beings, whose company you have apparently enjoyed, do practice law, with an obvious effort to be true to their duties and fair in matters economic, is in itself not surprising, given the modus opperandum of your internet persona (we lawyers have a weakness for latin, no matter how poorly spelled), and the possibility that this entire confrontation finds its origin in simple boredom, an objective observer can only wonder at how the paucity of passion that you feel for your own work is revealed by your suggestion that a similar attack on your endeavors would fail to elicit a defensive response. that portrays you as a poorer man than i had imagined you to be. my opinion is that we are not, as someone famously said, "what we eat"; we are what we do for a living. oh, well, i suppose i could have just said "**** you, forty", and had about the same effect upon your thought processes. syfitons wayno |
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chuckling is good, but you probably should re-read our "OT" thread
before you resort to more misplaced hyperbole. initially, i responded to your posted question (and to its implicit comment)...not the "rumored newspaper blurb" - though, i'm sure i've probably heard/read similar stuff before. ...and, as you know, there's always a price paid. :) jeff Ken Fortenberry wrote: It's absolutely HILARIOUS that the mere rumor of a newspaper blurb would cause a lawyer to pontificate at length on a fly fishing newsgroup and somewhat amazing that he'd do so for FREE. ;-) |
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Ken feels compelled:
That's one of the stupider sentences ever posted here. oh c'mon, it hardly comes close. My point, that you seem to miss, is that personal injury lawyers are merely specialized professionals, doing their job. It is amazing that they receive group criticism from people outside the profession who haven't a ****ing clue what/how they operate. Tom |
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Wayne Harrison wrote:
"Ken Fortenberry" wrote: ... If someone posted a tirade against computer weenies or freelance writers I would not feel compelled to defend them ... while your adoption of an indiscriminate attack on an entire profession in the face of your empirical experience with at least two of its members that must have, in all fairness, indicated to you that decent human beings, whose company you have apparently enjoyed, do practice law, with an obvious effort to be true to their duties and fair in matters economic, is in itself not surprising, given the modus opperandum of your internet persona (we lawyers have a weakness for latin, no matter how poorly spelled), and the possibility that this entire confrontation finds its origin in simple boredom, an objective observer can only wonder at how the paucity of passion that you feel for your own work is revealed by your suggestion that a similar attack on your endeavors would fail to elicit a defensive response. ... Holy **** !! That's one hell of a sentence. Have you been taking lessons on turgid, incomprehensible run-on sentences from our resident expert ? Anyway, I did not indiscriminately attack an entire profession, I posted a rhetorical question and a newspaper blurb, the latter Jeffie didn't even bother to read by the way, and so now I'm waging weak minded attacks on all lawyers. An objective observer might have cause to wonder why some lawyers are so sensitive and defensive. snip oh, well, i suppose i could have just said "**** you, forty", and had about the same effect upon your thought processes. Yeah, but there's something to be said for a good tirade, hope you enjoyed writing it as much as I enjoyed reading it. ;-) -- Ken Fortenberry |
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"Ken Fortenberry" wrote Holy **** !! That's one hell of a sentence. Have you been taking lessons on turgid, incomprehensible run-on sentences from our resident expert ? actually, i did that intentionally, in preparation for the unveiling of my new internet persona, "really serious and self-important lawyer guy". after all, some people clearly enjoy the dr.jeckyll/mr.hyde syndrome. Anyway, I did not indiscriminately attack an entire profession, I posted a rhetorical question and a newspaper blurb, the latter Jeffie didn't even bother to read by the way, and so now I'm waging weak minded attacks on all lawyers. yfitons a. wayne harrison, attorney at law. |
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"Wayne Harrison" wrote in news:MoRfc.4782$6m4.349637
@twister.southeast.rr.com: yfitons a. wayne harrison, attorney at law. I always thought it was THE wayne harrison, attorney at law ;) Scott |
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oh c'mon, it hardly comes close. My point, that you seem to miss, is that
personal injury lawyers are merely specialized professionals, doing their job. It is amazing that they receive group criticism from people outside the profession who haven't a ****ing clue what/how they operate. Tom It was a noble try, Tom. But when the graduate of IU's glass navel is occluded, a constant from everything I've ever seen him post, he's unable to see anything but shades of sepia or hear anything but the rumbling of his own peristalsis. FWIW, attorney's working on contingency basis were of help to me in the aftermath of my auto accident and injuries. One of the two recovered no more than I could have without him but was able to prevent me having to pay for treatments that someone else should have. The other was able to get more from a workers's comp carrier than I would have. Neither misrepresented his capabilities or his fees. While I would have liked a greater recovery, I don't feel that they did anything less than their best. -- Stev Lenon 91B20 '68-'69 Drowning flies to Dark Star http://web.tampabay.rr.com/stevglo/i...age92kword.htm |
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Jeff Miller wrote in message news:iSEfc.21421$XP2.8627@lakeread06...
**** me off. if anyone wants to say a specific lawyer is a thief or charges too much or is an idiot, fine. .... if there is a particular professional practice that offends someone's sense of right, ok, name it. you might be surprised at how many lawyers might agree... ....Ok, I'll try...but first, let me say I've known many fine lawyers (just had Easter dinner at one's in-laws that we're friends with), and when my wife and I almost made some life changes (that would have involved moving) two years ago, my plan was to go to law school...(for anyone work-related to me, I'm very happy we stayed!) Of course, what is below is an outsider's view. I've never personally hired a lawyer, been in court, been on a jury, etc. I freely admit my perceptions can be wrong. 0. Legalese. It seems like half of what lawyers get paid to do is to translate the client's needs into the correct legal mumbo jumbo. From an outsider's perspective, this amounts to simply "protecting one's profession". A relatively smart person should be able to handle most of their own court proceedings themselves, and should certainly be able to understand the rest without a lawyer. (actually, I enjoyed hearing the NPR and other news stories about the trial of Zacharias Moussoui (whatever the spelling) because it was clear the the judge wanted to help him in every way possible to defend himself, which is what he chose to do. That gives me hope!) 1. "ambulance chasers". I can't watch TV without hearing ads for "hurt in a car wreck? Call the STRONGARM! We'll get you the money you deserve!" Of course, he's in heavy competition with the "DYNAMIC DUO". Anyways, for most of us out here, the public face of lawyering that we see is 99% these asinine radio and car ads. So forgive us if that's what comes to our mind when we hear the word "lawyer". 2. Our whole sue-happy society. Our system has gotten to the point that no one can be human, make an honest mistake, without at least fearing the impending lawsuit. And insurance companies seem to feel this too as they are quite willing to pay immediate settlements as long as you'll waive any right to any further claims. My mom was once in a fender bender and the other's insurance company offered her $2K without her even asking! Since when was life supposed to work perfectly? And since when are we supposed to hit the lottery just because it didn't? Of course, all of the above is a statement about society in general. However, from my perspective the whole problem stems from the way the judicial and lawyering system is set up, and it doesn't appear that lawyers have any notion to try to change it. If the unscrupulous money chasers are a small percentage of the profession, then why don't we hear the majority calling for changes in our system? Rather, what I see is that they defend it, while the rest of the world shakes their heads at our system. 3. Mega-damage awards, and the corresponding fees awarded to the lawyers. This is all absolutely ridiculous, as any person with common sense can see. NO ONE "deserves" $150M for a wrongful death of a daughter, or whatever! Now before you say that all I want to do is let companies off the hook, I am NOT against punitive damages. I'm just against giving them to the plaintiff and their lawyer. Neither deserve to suddenly "hit the jackpot". Reward good honest work? Absolutely, let's give the lawyers two, maybe three times their hourly rate. Reward the plaintiff for bringing the case? Ok, give them two, maybe three times a middle class income for their time. Give them enough support if they have some long-term disability to live with. But make them sudden millionaires? That I can live without. Same for the lawyers. If they can't win half their cases (which would let them average a good wage if they're getting 2x for every winning case), then maybe they are taking too many frivolous cases, or just should find other work. So where would punitive damages go? To the public coffers. Probably into some special funds to help mitigate the "public" damage, or to help oversee the industry better that just "lost", or whatever. But the way our system is now, the public face of lawyering that most of us see is a system that wastes tremendous amounts of money, channels that money to the wrong receipients, and as far as we can tell is not interested in trying to reform itself. And all this money doesn't come from nowhere, it comes from each of us through our insurance premiums, costs of goods, etc., and so it shouldn't be a surprise that we do get cynical. Jon. |
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From: Greg Pavlov
On 15 Apr 2004 14:50:02 -0700, (BJ Conner) wrote: The barber, the mechanic, the mortgage holder etc. all have a price and you know what it is going in the door. That is usually true of the barber, somewhat true of the mortgage holder, and often untrue of the mechanic. Basically because the mechanic usually does'nt know the extent of the problem when you first bring the car in. In MA, they are required to give an estimate after diagnosis, and must not exceed the estimate by more than 10% without the express permission of the customer. Maybe I'm just lucky, but I haven't had a problem with a mechanic in many years. George Adams "All good fishermen stay young until they die, for fishing is the only dream of youth that doth not grow stale with age." ---- J.W Muller |
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Jonathan Cook wrote:
...Ok, I'll try... cogent analysis snipped But the way our system is now, the public face of lawyering that most of us see is a system that wastes tremendous amounts of money, channels that money to the wrong receipients, and as far as we can tell is not interested in trying to reform itself. And all this money doesn't come from nowhere, it comes from each of us through our insurance premiums, costs of goods, etc., and so it shouldn't be a surprise that we do get cynical. Excellent summary to which I would add; 4. The perception that if you have enough money you can get away with murder. Literally. It's not that our system of jurisprudence is for sale exactly, it's that it costs lots of money, much more than John Q. Public could ever hope to muster, to have a chance of a level playing field in our courts. Expensive lawyering beats cheap, or free, lawyering most of the time and while that's why good lawyers become expensive lawyers it is a terrible indictment against our legal system. -- Ken Fortenberry |
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Jeff Miller wrote in message news:LpEfc.21161$XP2.17592@lakeread06...
BJ Conner wrote: The barber, the mechanic, the mortgage holder etc. all have a price and you know what it is going in the door. The lawyer is the one that says " how much have you got? " ...without equivocation bj, you're simply full of ****. your gross generalizations continue to astound me... but, i guess every toad is entitled to croak the song that defines its nature... jeff Sorry your so upset jeff. If you can find out wheather Brittanie Cecil's family contacted the lawyers or the lawyers contacted the family I like to know. It's that later in so many cases that has raised the public esteem for your profession. Most professions police themselves to some extent and throw out the trash. Some professions seem to worship them. |
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"Ken Fortenberry" wrote in message ... ...Expensive lawyering beats cheap, or free, lawyering most of the time and while that's why good lawyers become expensive lawyers it is a terrible indictment against our legal system. Expensive plumbering beats cheap, or free, plumbering most of the time and while that's why good plumbers become expensive plumbers it is a terrible indictment against our plumbing system. Ho hum. As Adam Gopnik noted, being smarter than you sound is usually better than sounding smarter than you are. He could have added that it's also better than trying to convince yourself that you have a reason to live by deliberately ****ing off what few friends you have left via a haphazard jumble of trite banalities and pretending that it's the result of a nonexistent point of view. If you are serious about making a living by writing and, more importantly, expect to be taken seriously, then you should understand something. It probably doesn't make much difference what it is......but something. Then, write about that. Wolfgang who, frankly, doesn't hold out much hope for someone who aspires to be an asshole but can't manage any more than ass. |
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Wolfgang wrote:
Expensive plumbering beats cheap, or free, plumbering most of the time and while that's why good plumbers become expensive plumbers it is a terrible indictment against our plumbing system. Ho hum. That's a stupid analogy. It's not reasonable for the rich to expect better treatment from the courts than the poor. As Adam Gopnik noted, being smarter than you sound is usually better than sounding smarter than you are. He could have added that it's also better than trying to convince yourself that you have a reason to live by deliberately ****ing off what few friends you have left via a haphazard jumble of trite banalities and pretending that it's the result of a nonexistent point of view. And THAT is just plain stupid. I realize you rarely read the nonsense you spew here but when you spout spurious accusations about someone else's "reason to live" you've crossed the line between manikin nuisance and offensive jerk. If you are serious about making a living by writing and, more importantly, expect to be taken seriously, then you should understand something. It probably doesn't make much difference what it is......but something. Then, write about that. I understand this, no student of human nature unfortunate enough to have read your self-aggrandizing, masturbatory screeds here would be the least bit surprised to discover that you stand about 5 foot nil. Your particular pathology is so transparent and predictable it's been given a syndrome name in the vernacular. Although, to be fair, I must admit I have never actually seen you stick your right hand into your vest. -- Ken Fortenberry |
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I never thought I'd see the day when I'd agree with both Wolfgang and
Fortenberry. :-) -- Cut "to the chase" for my email address. |
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From: Greg Pavlov
(George Adams) wrote: Basically because the mechanic usually does'nt know the extent of the problem when you first bring the car in. ... Compared to the uncertainty of what a defendant, a jury, a judge, or even the plaintiff may do, and the uncertainty of what the evidence may show once every one has dug into it... Exactly. And that is precisely why legal fees can escalate very quickly, and it is very difficult to estimate them at the start. George Adams "All good fishermen stay young until they die, for fishing is the only dream of youth that doth not grow stale with age." ---- J.W Muller |
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"Ken Fortenberry" wrote in message ... Wolfgang wrote: Expensive plumbering beats cheap, or free, plumbering most of the time and while that's why good plumbers become expensive plumbers it is a terrible indictment against our plumbing system. Ho hum. That's a stupid analogy. That's not an analogy. That's a statement of fact. Care to dispute it? It's not reasonable for the rich to expect better treatment from the courts than the poor. You've never been rich.....or poor. Proudly ignorant.....that much I'll grant you. As Adam Gopnik noted, being smarter than you sound is usually better than sounding smarter than you are. He could have added that it's also better than trying to convince yourself that you have a reason to live by deliberately ****ing off what few friends you have left via a haphazard jumble of trite banalities and pretending that it's the result of a nonexistent point of view. And THAT is just plain stupid. I realize you rarely read the nonsense you spew here You don't know ****. I ALWAYS read what I post here. I'm a reader. but when you spout spurious accusations about someone else's "reason to live" you've crossed the line between manikin nuisance and offensive jerk. Hm.....you find me offensive. I got a shiny new nickel say I'm not the only one here who finds that amusing. :) If you are serious about making a living by writing and, more importantly, expect to be taken seriously, then you should understand something. It probably doesn't make much difference what it is......but something. Then, write about that. I understand this, no student of human nature unfortunate enough to have read your self-aggrandizing, masturbatory screeds here would be the least bit surprised to discover that you stand about 5 foot nil. Well, that IS interesting. Most people who HAVE met me would venture that I'm a bit taller than that. What's your best guess? Your particular pathology is so transparent and predictable it's been given a syndrome name in the vernacular. Although, to be fair, I must admit I have never actually seen you stick your right hand into your vest. Blah, blah, blah. O.k., I confess. I REALLY don't get it. You get EXACTLY what you want and then you don't seem to like it. What's up with that? Think about it......take your time. :) Wolfgang |
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"rw" wrote in message link.net... I never thought I'd see the day when I'd agree with both Wolfgang and Fortenberry. :-) That's because you're stupid. Don't worry about it. Wolfgang |
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wrote in message ... In article .net, rw56 says... I never thought I'd see the day when I'd agree with both Wolfgang and Fortenberry. :-) Of course it's rather like watching a battle to the death between Hitler and SH. It's fun to watch, but how can you root for one over the other? Ah, life as a spectator! :) Some people aspire to more.......but don't you worry about it. Wolfgang who realizes that letting one's reach exceed one's grasp is not for everybody. |
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Wolfgang wrote:
"Ken Fortenberry" wrote: Wolfgang wrote: Expensive plumbering beats cheap, or free, plumbering most of the time and while that's why good plumbers become expensive plumbers it is a terrible indictment against our plumbing system. Ho hum. That's a stupid analogy. That's not an analogy. ... EOT for me. -- Ken Fortenberry |
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Jonathan Cook wrote: Of course, what is below is an outsider's view. I've never personally hired a lawyer, been in court, been on a jury, etc. I freely admit my perceptions can be wrong. fair enough... 0. Legalese. It seems like half of what lawyers get paid to do is to translate the client's needs into the correct legal mumbo jumbo. From an outsider's perspective, this amounts to simply "protecting one's profession". A relatively smart person should be able to handle most of their own court proceedings themselves, and should certainly be able to understand the rest without a lawyer. (actually, I enjoyed hearing the NPR and other news stories about the trial of Zacharias Moussoui (whatever the spelling) because it was clear the the judge wanted to help him in every way possible to defend himself, which is what he chose to do. That gives me hope!) actually, the trend since the 70s has been away from "legalese" in contracts, legal writing, and court matters - thanks mainly to sensible folks who also happened to be lawyers and law profs. still, there are some concepts, rules, etc. rooted in the common law we brought over from merry old england that persist in the jurisprudence, but they are rare. i'm unsure what you mean by "legal mumbo jumbo". i suspect you are basing this opinion on fiction novels or tv programs, but your state's system may be geared to old, settled practices rooted in legalese. i can only say it is not the case in nc. a lawyer would look and sound and be regarded as foolish if he or she used the archaic latin terms or legalese in any trial before a jury or judge. with regard to your other complaint, i'm not sure "legalese" is what you mean. i think a relatively smart person can handle their own court proceedings. many do. your real complaint seems aimed at the fact that there are rules and procedures and institutional knowledge that apply to court proceedings which limit the ability of those ignorant of the rules/procedures etc. to represent themselves. but, isn't that true with regard to the work of all professionals? accountants? engineers? doctors? dentists? architects? race car mechanics? the rules and procedures generally have a common sense purpose to assure stability, reliability, uniformity, etc in court matters. most aren't complicated to understand or apply. but they don't come imprinted in a 2 page do-it-yourself brochure either. it is far from unusual for a judge to be helpful to an unrepresented party in court. it's a daily event in my county. 1. "ambulance chasers". I can't watch TV without hearing ads for "hurt in a car wreck? Call the STRONGARM! We'll get you the money you deserve!" Of course, he's in heavy competition with the "DYNAMIC DUO". Anyways, for most of us out here, the public face of lawyering that we see is 99% these asinine radio and car ads. So forgive us if that's what comes to our mind when we hear the word "lawyer". agreed. it's a troubling issue to any lawyer who deeply cares about the ideals and image of his/her profession - and there are more of us than you probably think. i believe such lawyer advertising was and is resisted by a majority of lawyers. we were/are criticized for that resistance; now we're criticized and suffering for what the "free speech" has wrought. it's certainly not pretty. it originated from a greedy few wielding a valid constitutional argument; it is still the province of what i consider a greedy few. i despise any type of direct, mail, television, or radio solicitation... i've never thought of clients as "customers". most organized state bars and attorneys continue in their attempts to control unseemly and deceptive ads. the first amendment prevents most broad regulatory attempts. still, i'm also troubled that you and others i consider thinking people are content to accept such tv or radio content as defining the character of an entire profession. kinda like saying osama defines the muslim population. i'd wager the tv and radio characters comprise less than 10% of the licensed attorneys. certainly there are lawyers in your community who serve without pay in numerous civic, government, community, and charitable organizations? certainly, there are lawyers in your community whose reputation grew from ability and their hard, honest work on behalf of clients or governments, and not from some smarmy tv ad? 2. Our whole sue-happy society. Our system has gotten to the point that no one can be human, make an honest mistake, without at least fearing the impending lawsuit. And insurance companies seem to feel this too as they are quite willing to pay immediate settlements as long as you'll waive any right to any further claims. My mom was once in a fender bender and the other's insurance company offered her $2K without her even asking! Since when was life supposed to work perfectly? And since when are we supposed to hit the lottery just because it didn't? Of course, all of the above is a statement about society in general. However, from my perspective the whole problem stems from the way the judicial and lawyering system is set up, and it doesn't appear that lawyers have any notion to try to change it. If the unscrupulous money chasers are a small percentage of the profession, then why don't we hear the majority calling for changes in our system? Rather, what I see is that they defend it, while the rest of the world shakes their heads at our system. the term "sue-happy" is one of those words generously used by critics of the civil justice system. i don't believe it is an accurate claim based on facts. i think the data actually shows the opposite of your belief. the number of lawsuits per capita has remained at about the same level, if not declined, over the past 10 or more years. the statistics on litigation indicate that overall personal injury litigation has been decreasing in this country. "Tort lawsuit filings decreased 9% since 1992, according to the country's most accurate and comprehensive overview of state court litigation statistics. (Examining the Work of State Courts, 2002, a joint project of the Conference of State Court Administrators, the Bureau of Justice Statistics and the National Center for State Courts' Court Statistics projects.)" data reported by the Rand Institute in 1991 indicated each year one in six Americans sustained an injury serious enough to cause some economic loss. Yet for the typical injury, the injured person does not even consider the notion of seeking compensation from some other person or entity. Only 10 percent ever file a claim,which includes informal demands and insurance claims. Only two percent file a lawsuit. The study concludes that these statistics are at odds with any notion that we live in an overly litigious society. See, Compensation for Accidental Injuries in the United States,Rand Institute for Civil Justice (1991). http://www.newsaic.com/mwcivil.html (the link has supporting cites - best i could do in a hurry) but, no question, the fear and threat of lawsuits is a motivating force. i hope you agree, some of that is a good thing to the extent it motivates responsible, reasonable behavior. we've developed on a foundation of principled personal freedoms and responsibilities. if you intentionally or negligently hurt someone, what is your responsibility to them? what is the value of your child? folks seem to have no problem accepting a painting's value or a yacht's value or a building's value at millions of dollars, and, if that stuff is damaged, they have no problem with damage reimbursements at those levels; but, for some reason, your mom or daughter deserve a lesser consideration? is it unscrupulous for a lawyer to suggest to a judge or jury that your mother or child is worth as much money as air force one? how do we reconstruct your mom or child? the insurance industry is among the wealthiest and most influential in our country. it has done a remarkable public relations job carping about a litigation or cost crisis, much of it through direct ads in mailings, as well as in the print and tv media. it's just not so. the industry rarely offers the full value they believe is reasonably due a deserving claimant. it would be interesting to have the statistics on the claim reserve vs. claim paid data for cases in your area. you should read some of the trial testimony and facts in bad-faith cases brought against insurance companies for denying valid claims for payment in first-party cases (payments due their own insureds). in those cases, you get to see the ugly innards of insurance decision-making. what defines or demarcates a lawyer to you as an "unscrupulous money chaser"? that's one of those ad hominem remarks that does little to advance a constructive dialogue. 3. Mega-damage awards, and the corresponding fees awarded to the lawyers. This is all absolutely ridiculous, as any person with common sense can see. NO ONE "deserves" $150M for a wrongful death of a daughter, or whatever! Now before you say that all I want to do is let companies off the hook, I am NOT against punitive damages. I'm just against giving them to the plaintiff and their lawyer. Neither deserve to suddenly "hit the jackpot". Reward good honest work? Absolutely, let's give the lawyers two, maybe three times their hourly rate. Reward the plaintiff for bringing the case? Ok, give them two, maybe three times a middle class income for their time. Give them enough support if they have some long-term disability to live with. But make them sudden millionaires? That I can live without. Same for the lawyers. If they can't win half their cases (which would let them average a good wage if they're getting 2x for every winning case), then maybe they are taking too many frivolous cases, or just should find other work. So where would punitive damages go? To the public coffers. Probably into some special funds to help mitigate the "public" damage, or to help oversee the industry better that just "lost", or whatever. But the way our system is now, the public face of lawyering that most of us see is a system that wastes tremendous amounts of money, channels that money to the wrong receipients, and as far as we can tell is not interested in trying to reform itself. And all this money doesn't come from nowhere, it comes from each of us through our insurance premiums, costs of goods, etc., and so it shouldn't be a surprise that we do get cynical. it's the generalized, uninformed vitriol that ****es me off. you, and a few others have offered *some* reasonable criticisms and comments ... though most are directed at unique or abnormal circumstances. fees aren't awarded...they are usually a product of a voluntarily executed contract describing the terms of employment. you also overlook the jury in your comments, and i think your conclusions are generated from anecdotal or extremely limited instances. most data-based studies seem to reach a contrary conclusion. here's an interesting article that seems balanced in its arguments... supports some of your concerns, disputes others. http://www.dukemagazine.duke.edu/alu...2/lit.txt.html punitive damages are intended as punishment for egregious, wanton misconduct. they are extremely rare and difficult in proof. some state laws do provide for payment of the punitives to the state or charitable agencies. there are constitutional limits on punitive damages, and many states impose caps. nc limits punitives to 3 times the compensatory damages or 250,000, whichever is greater... still, i think there is a problem with the state taking or diverting all of an individual's property, i.e., the punitive damage award, without sharing in the risk and cost of the recovery of those damages. thanks for taking the time to express your personal views in a rational way. though i disagree with many of your statements, i appreciate and respect your comments. i think if you spent some time investigating your state's organized bar (the regulatory/licensing agency, and the voluntary bar association), you would find them discussing in a positive, constructive manner many of the issues you raise. you would also find a lot of genuinely good, honest, idealistic, dedicated people. i'm sure there will be some assholes too. jeff |
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Ken Fortenberry wrote:
Wolfgang wrote: "Ken Fortenberry" wrote: Wolfgang wrote: Expensive plumbering beats cheap, or free, plumbering most of the time and while that's why good plumbers become expensive plumbers it is a terrible indictment against our plumbing system. Ho hum. That's a stupid analogy. That's not an analogy. ... EOT for me. I've always thought it's funny when someone has to announce his departure, obviously in a snit. Why not just stop posting to the thread? Is it like anyone else cares? I've done it once or twice, and felt rather silly afterward. -- Cut "to the chase" for my email address. |
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Jeff Miller wrote:
punitive damages are intended as punishment for egregious, wanton misconduct. they are extremely rare and difficult in proof. some state laws do provide for payment of the punitives to the state or charitable agencies. there are constitutional limits on punitive damages, and many states impose caps. nc limits punitives to 3 times the compensatory damages or 250,000, whichever is greater... still, i think there is a problem with the state taking or diverting all of an individual's property, i.e., the punitive damage award, without sharing in the risk and cost of the recovery of those damages. The right-wing cause of "tort reform" is an attempt to make real damages just a part of doing business (as usual). -- Cut "to the chase" for my email address. |
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"Ken Fortenberry" wrote in message ... Wolfgang wrote: "Ken Fortenberry" wrote: Wolfgang wrote: Expensive plumbering beats cheap, or free, plumbering most of the time and while that's why good plumbers become expensive plumbers it is a terrible indictment against our plumbing system. Ho hum. That's a stupid analogy. That's not an analogy. ... EOT for me. Buh bye! :) Wolfgang |
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"Jeff Miller" wrote in message news:eq%fc.25518$XP2.23164@lakeread06... ...thanks for taking the time to express your personal views in a rational way. though i disagree with many of your statements, i appreciate and respect your comments. i think if you spent some time investigating your state's organized bar (the regulatory/licensing agency, and the voluntary bar association), you would find them discussing in a positive, constructive manner many of the issues you raise. you would also find a lot of genuinely good, honest, idealistic, dedicated people. i'm sure there will be some assholes too. remainder snipped in the interest of brevity Good stuff, Jeff. You should do this for a living. :) Nevertheless, a bit of perspective from the other side of the bar.......as it were. First, I simply do not understand the controversy over attorneys advertising in the mass media. I recall that it was considered a major issue here a few years ago, but was never clear about why anyone objected. If their advertising is representative of their professional skills (by no means a certainty, but there it is, right out there in front of God and everybody) one can simply eliminate the vast majority of those who choose to make fools of themselves publicly (and who are a minuscule minority of practicing attorneys, judging by the listings in the yellow pages) can simply be eliminated from consideration by anyone needing legal assistance. Of course, one could argue that the ads are produced by someone else but, obviously, they will never be aired unless approved and paid for by the customer. Bottom line is that the educated consumer's choices are made easier. Second, with regard to "legalese", it should be noted that a lot of what appears to be arcane and deliberately obfuscatory is simply archaic. It doesn't take a legal scholar to know that the law is to a great extent tradition and precedent bound. Linguistic forms that are obscure and confusing to many today were quite clear to those literate persons who depended on them a few decades to a couple of centuries ago. The robber barons (many of them with only minimal formal education) would never have become what they were without a fundamental grasp of the legal issues facing them......and how to work them to their own advantage. If the legal system as a whole is guilty of anything here.....and it is.....it is simply a failure to reform its language into a modern idiom, a fault shared by virtually every entrenched bureaucracy. At any rate, anyone who didn't entirely waste the taxpayers money from first grade through high school should be able to deal with most of what comes his or her way without assistance. To be sure, there are numerous examples of egregious obfuscation (financial institutions in general are especially culpable), but the blame for this can hardly be laid entirely at the feet of the legal system as a whole. Third, lawyers may or may not make a great deal more money than the rest of us. They appear to be no more or less forthcoming about their personal finances than most other people. We had a couple of plumbers here at the house for about three hours a couple of weeks ago. They left us with a clear kitchen drain. All it took was jamming $500 dollars through it. Handing over $500 dollars and not having something shiny, new and fun to show for it sucks. At the remove of a couple of weeks it is possible, if not necessarily pleasant, to state that a sink full of slimy ****....and the prospect of such being a permanent condition....sucks worse. In a similar vein, I've recently had occasion to solicit the services of an attorney in order to avoid payment of over $8,000 resulting from a bureaucratic cluster****.....a sum for which I am not legitimately responsible but would have found extremely difficult, if not impossible, to avoid for reasons that I won't go into here. Suffice to say that the average citizen is more or less powerless in dealing by telephone with faceless and unsympathetic bureaucrats whose sole function is to get the money. An attorney, on the other hand, gets their immediate and undivided attention. Assuming that his efforts are successful (and I have good reason to have faith in him), his services are worth a lot to me. ****, I'd much rather give him the entire amount than pay it to the *******s trying to gouge it out of me. Fourth, as has been noted, there are few situations in which anyone in this country can be compelled to have professional legal representation. I'm no authority, but as I understand it, here in Wisconsin that can only happen to someone who has been legally declared incompetent by a court of law, and that's not an easy thing to bring about. When push comes to shove, any ****wit who wants to can bring a knife to a gunfight. And last (for now, anyway), I have little patience with the idiotic arguments against large damage awards. Consumers pay for EVERYTHING....it makes no difference whatsoever how the books are shuffled. People become millionaires as a result of losing a loved one or a limb or two? Good! The only reform needed is to take the money directly from the pockets of the millionaires and billionaires who control the machinery whereby such incidents occur and do so without a shred of personal legal responsibility for their actions. The U.S. government's recent milking of the cash cow that is the cigarette industry was as disgusting as it was predictable. About the only thing that could have mitigated this vomitous charade would be setting aside enough funds to ensure the execution of top tobacco industry executives (as many as it might take, and for as long as necessary) to get the rest to see the light. It should not be necessary to add that there are many other legitimate candidates in virtually every industry. Wolfgang |
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Wolfgang wrote: First, I simply do not understand the controversy over attorneys advertising in the mass media. I recall that it was considered a major issue here a few years ago, but was never clear about why anyone objected. my objection: 1) it's rarely necessary for a competent professional to advertise his/her services; 2) the advertising is generally not representative of competency or ability; 3) it actually serves to delude and misinform almost as much if not more than it serves to provide useful information for consumers of legal services; 4) it reduces or detracts from the genuine ideals of a great profession by focusing energy and thought on commercialism; 5) it marginalizes lawyers, making them seek ever better and more competitive ads for the sole purpose of increasing caseloads instead of being better professionals; 6) it allows the inexperienced and incompetent to gain footholds they neither deserve nor ought to occupy; 7) it's about GREED!! pure and simple, not about helping educate or serve or rendering assistance. There's more, but you get my drift. i don't advertise beyond having my name in the phone book with a small (very small) yellow page descriptor of my areas of practice. i worked a lot of years learning my profession and discovering what i believe to be its true value. i'll never be rich, i make a decent living, but nothing extraordinary and probably less than many of the non-lawyers here. i think i'm typical of the mainstream of private lawyers. Second, with regard to "legalese", it should be noted that a lot of what appears to be arcane and deliberately obfuscatory is simply archaic. It doesn't take a legal scholar to know that the law is to a great extent tradition and precedent bound. you've said it better than i... Third, lawyers may or may not make a great deal more money than the rest of us. most make a decent living; but, probably not what many in the public assume. i'd venture many insurance agents have larger incomes than the typical attorney's income after operating expenses. Fourth, as has been noted, there are few situations in which anyone in this country can be compelled to have professional legal representation. I'm no authority, but as I understand it, here in Wisconsin that can only happen to someone who has been legally declared incompetent by a court of law, and that's not an easy thing to bring about. also, abused and neglected children receive their own appointed counsel in nc. And last (for now, anyway), I have little patience with the idiotic arguments against large damage awards. Consumers pay for EVERYTHING.... jon's argument seemed rooted in notions of a human being's worth or value, unscrupulous money-grabbing, as well as the popular complaint about the shifting & absorption of costs because of civil litigation. it's interesting that many trust juries to make correct decisions about whether a life should be snuffed out, but on the other hand don't trust them to assess the value of a human life or the issues in a civil case where only money is at issue. anyway...off to work for a while, then heading east to see if i can have a talk with a few puppy drum... jeff |
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"Jeff Miller" wrote in message news:ib9gc.25630$XP2.8290@lakeread06... Wolfgang wrote: First, I simply do not understand the controversy over attorneys advertising in the mass media. I recall that it was considered a major issue here a few years ago, but was never clear about why anyone objected. my objection: ....There's more, but you get my drift. Sure. But all this does is confirm that your profession is subject to the same natural laws as any other. If advertising legal services highlights the shortcomings of some of the practioners, then we can only hope that physicians, airline pilots, power plant operators, chemical engineers, etc., will follow suit.......so to speak. i don't advertise beyond having my name in the phone book with a small (very small) yellow page descriptor of my areas of practice. i worked a lot of years learning my profession and discovering what i believe to be its true value. i'll never be rich, i make a decent living, but nothing extraordinary and probably less than many of the non-lawyers here. i think i'm typical of the mainstream of private lawyers. Well, having fished, walked, talked and drunk beer with you, I'd aver that your last assertion above is preposterous. As to the rest of it, I'm in no position to offer an opinion of legitimate interest to any thinking human being. :) Second, with regard to "legalese", it should be noted that a lot of what appears to be arcane and deliberately obfuscatory is simply archaic. It doesn't take a legal scholar to know that the law is to a great extent tradition and precedent bound. you've said it better than i... Only because I did and you didn't. Third, lawyers may or may not make a great deal more money than the rest of us. most make a decent living; but, probably not what many in the public assume. i'd venture many insurance agents have larger incomes than the typical attorney's income after operating expenses. Oddly enough, I once worked as an insurance agent......for Mutual of Omaha. One can only hope that North Carolina has a liberal food stamp program. :) Fourth, as has been noted, there are few situations in which anyone in this country can be compelled to have professional legal representation. I'm no authority, but as I understand it, here in Wisconsin that can only happen to someone who has been legally declared incompetent by a court of law, and that's not an easy thing to bring about. also, abused and neglected children receive their own appointed counsel in nc. Of course. Good point. I hadn't thought of minors. I'm not sure what the law says about legal representation for them here in WI, but I suspect they have little say in the matter. And last (for now, anyway), I have little patience with the idiotic arguments against large damage awards. Consumers pay for EVERYTHING.... jon's argument seemed rooted in notions of a human being's worth or value, unscrupulous money-grabbing, as well as the popular complaint about the shifting & absorption of costs because of civil litigation. Again, of course. And we all know that in a general sense a human being's worth is incalculable. However, I suspect even Jon knows that no two individual human lives are necessarily of equal worth. In fact, no one but an abject fool can be unaware that valuation begins somewhere around that of half a jar of cold **** and ranges upward. Feigned (or worse yet, REAL) allegiance to various philosophical and religious absurdities notwithstanding, no one but a congenital idiot really believes that that life of a child and that of say.......oh......a serial rapist or the chief executive officer of a major mutinational corporation......are of equal value. Money grabbing? Puhlease! it's interesting that many trust juries to make correct decisions about whether a life should be snuffed out, but on the other hand don't trust them to assess the value of a human life or the issues in a civil case where only money is at issue. Interesting? You've got a gift for understatement, my friend. The absolute refusal to think is always FASCINATING. anyway...off to work for a while, then heading east to see if i can have a talk with a few puppy drum... Well then, by the time you read this you will doubtless have earned congratulations on a day well spent.......or condolences......for something or other. In either case, I offer mine. :) Wolfgang who planted raspberries today! |
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