Ask Howard Treesong About Law or Lawyering

[SlowHabit]

Howard,

I am researching on the logistics of opening an investment adviser firm. How important is a "legal counsel?" The firm will probably needs a legal counsel to draft up a client/adviser agreement [similar to this http://www.evergreenfinancialadvisor...greement.pdf].
A person can write an agreement similar to that but it wouldn't be too smart to not have a lawyer.

Thanks!

[Howard Treesong]

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1) Do you legitimately enjoy what you do? Everyone I know who is, was or is studying to be a lawyer seems to hate it and that really turned me off from any consideration of a career in law.

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Yep. It has long been fashionable to hate lawyers and law practice, but I only rarely feel that way. It's almost always when I'm in some extended fight with an opponent who is outright dishonest, so you have to protect yourself at every turn -- and that's not fun. I didn't think law school was difficult, and I actually enjoyed it a good bit. Practice was annoying for about my first three years, and got really good after that, after I started getting significant courtroom time. I would say that managing litigation is easier than litigating, but without the adrenaline-charged upside of courtroom practice.

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2) What is a crook? A group of friends get into this argument a lot after a little drinking. Side A says it's a criminal. Side B says it's only a thief, arguing that a murderer is clearly not a crook. Side A will concede that but argues that it should encompass more than just robbing someone. What is you legal opinion?

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I think "crook" describes rogues -- frauds, sharpers, cheats. I'd say that Ken Lay and Andy Fastow were crooks, but that Ted Bundy was not. Frank Abagnale was the prototypical crook. And Richard Nixon was likewise a crook, despite his protestations to the contrary.

[Howard Treesong]

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Howard,

I am researching on the logistics of opening an investment adviser firm. How important is a "legal counsel?" The firm will probably needs a legal counsel to draft up a client/adviser agreement [similar to this .]http://www.evergreenfinancialadvisors.com/documents/investment_mgmt_agreement.pdf].
A person can write an agreement similar to that but it wouldn't be too smart to not have a lawyer.

Thanks!

[/ QUOTE ]

I would say critical. I have no idea what the regulatory environment is for such firms, but I submit that regulatory noncompliance would be a death knell for a financial advisory form. The link doesn't work, but I'm guessing the agreement is a client agreement designed to ward off suitability or churning claims. I've litigated a couple, and the agreements do matter -- so my strong advice is to hire counsel.

[FlyWf]

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From a due process perspective, I don't think the Constitution permits increased punishment for crimes that a person has not yet committed, so I think the strict answer to your question is no.


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There are like a thousand sex crime related statutes that disagree with you on this.

Also, I'm a libertarian gun-nut and I would not feel the slightest bit of outrage if those guys were summarily put to death.
Not to tangent the thread, just pointing out that you've likely misidentified the philosophical underpinnings of your implied narrow view on what constitutes cruelty to animals.

[Howard Treesong]

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There are like a thousand sex crime related statutes that disagree with you on this.

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I'm thinking you're referring to things like registration statutes and residency limitations. I suspect without knowing that those are pitched as preventive measures rather than as additional punishments. I also could easily be missing your point, so if I am please describe one of the statutes to which you refer.

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Also, I'm a libertarian gun-nut and I would not feel the slightest bit of outrage if those guys were summarily put to death.

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Morally, I'm 100% with you. The guys that did this are total scum. But I don't think animals have rights per se; I think they are property -- and the rights violation here is to the property of the animal's owner.

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Not to tangent the thread, just pointing out that you've likely misidentified the philosophical underpinnings of your implied narrow view on what constitutes cruelty to animals.

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I don't think I have a narrow view of what is cruel to animals, but rather what should be criminalized.

[BPA234]

Thanks for taking the time to start this thread. I always value any perspective that comes from pesonal experience.

1. Please provide your thoughts on conflict criminology strictly as it relates to crime being a busines for the state. There is, in my opinion, validity in the argument that some laws and sentencing strutures appear to be designed to ensnare and retain people in the criminal justice system.

2. Your position on capital punishmet. Although I believe that people can commit acts that remove their rights, including their right to life, due to the state's inherrent inefficiency (inequality of representation, potential for outside influence, prejudice etc.) I can not support the death penalty.

3. What is the least amount of money over which you would kill someone?

4. Generally speaking, with regard to the legal system as a whole (including the criminal justice system), I think that most of the people working in the profession, most of the time, are doing the right thing. Agree/disagree?

[kurosh]

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I have a libertarian nut-job view of animal rights, so I'll stay away from my personal view of this issue unless someone is particularly intersted in it. It's likely to start a threadjack if I articulate it.


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DO IT

[El Diablo]

HT,

1: Don't threadjack w/ it. Do start a new thread on that, though.

2: Do you watch Law & Order (or have you ever)? If so, what is your general impression of the courtroom scenes, specifically the motions/objections/etc. that are made?

[hanster]

Quick Noob Q: Thoughts on Gerry Spence and Cochran, probably the two most famous lawyers of our generation?

[Howard Treesong]

Good questions. I can't get to 2p2 from work and will answer these tonight rather than jam out a really quick response now.