Announcement

Collapse
No announcement yet.

Do We Have Any Attorneys In Here?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Do We Have Any Attorneys In Here?

    I've got a huge favor! I drafted a document and would like it proof-read beforehand. I'm by no means a layer or even in the legal profession... so I have no clue what I'm doing! Just want someone to read it and tell me if it not only makes sense, but that it would hold up in court if needed.

    Long story short...

    Back in December, Hubby got assaulted at a bar. Some guy he bumped into just totally attacked him from behind and beat him up pretty good. Hubby didn't know who it was, but we went to the police department and filed a report. With the help of security cameras, they were able to identify the guy. We went to press charges, but the officer told us that he probably wouldn't get more than a smack on the wrist and told not to do it again... wouldn't serve a day in jail. The guy happens to be a friend of the owner of the bar... and he has requested a "sit down" with Hubby to discuss it.

    That meeting is tonight. I wanted to put together an agreement that they can sign stating that this guy assumes liability for the attack and agrees to pay the medical bills (present and future). I searched the internet high and low for a document sample, but no luck.

    Is there anyone here that might be able to take a look at it for me?

    Thanks in advance!
    ~ Rosie ~

    Shop: It's Coming Up Rosie

    ~ The "Dream Team" ~
    "Penny" - Brother VQ2400" ~ "Leia" - Brother PR655 6-Needle Embroidery Machine
    "Rosie" - Viking Eden Rose 250C ~ "Pearl" - Viking Designer SE LE
    "Thor" - Juki TL-2010Q ~ ~ "Sally" - Singer ProFinish Serger ~

    #2
    Re: Do We Have Any Attorneys In Here?

    Hmmm. Not a lawyer but I WOULD NOT go to this sit down meeting. Especially if there has already been an assault. Things can go sideways very quickly these days. Especially if you are going to ask him to assume liability for it.

    Comment


      #3
      Re: Do We Have Any Attorneys In Here?

      I think you should go see an attorney and get their advice on how to proceed.

      Comment


        #4
        Re: Do We Have Any Attorneys In Here?

        The guy admitted he did it and (naturally) wants this to not go any further. He's offered to pay the medical bills, and Hubby is fine with that. I'm not getting involved more than just typing up this agreement to pay. I told Hubby what we ** should ** do, but he is too nice if a person and doesn't want to. He won't listen to me, nor everyone else who is telling him to not "let him off easy." It's honestly like taking to a brick wall with him.

        I told him that if this is the route he wants to go, then I want documents and witnesses to the agreement.
        ~ Rosie ~

        Shop: It's Coming Up Rosie

        ~ The "Dream Team" ~
        "Penny" - Brother VQ2400" ~ "Leia" - Brother PR655 6-Needle Embroidery Machine
        "Rosie" - Viking Eden Rose 250C ~ "Pearl" - Viking Designer SE LE
        "Thor" - Juki TL-2010Q ~ ~ "Sally" - Singer ProFinish Serger ~

        Comment


          #5
          Re: Do We Have Any Attorneys In Here?

          Isn't there a 1-800-lawyers number out there somewhere, they are supposed to be free and might give you some advice. I would not under any circumstances chance this encounter, could go wrong. If he has admitted to fault, then I believe the police could get involved, and maybe charge him. He is obviously worried about something, otherwise he would not commit to fault, along with the bar owner.

          Comment


            #6
            Re: Do We Have Any Attorneys In Here?

            The police officer that took the case stated that it's up to us what we want to do. If he agrees to pay the medical bills and Hubby is OK with that, then it's 100% legal. He is actually going to be one of the witnesses tonight. They have enough to charge him with 1st degree assault (which is a misdemeanor), but other than putting a blemish on his record... wouldn't do much. The county jails here are so over-populated that they are actually early-releasing like 150 inmates due to over-crowding. He wouldn't spend so much as an hour in jail and just get probation. Technically, it would warrant 30-days, but he would get off with those 30 days being suspended. We would have to take it up in civil court regardless. I think Hubby is just trying to get this remedied the easiest way possible.

            Believe me, after I saw the security footage... I just started balling. It's one thing to hear about an attack, especially on the most important person in the world, but to actually see it is a different story. I wanted to take this to the limit... charge him with everything we could, sue him in civil court for not just the bills, but everything we can. Hubby is just a different kind of person. I think he just wants this to go away.
            ~ Rosie ~

            Shop: It's Coming Up Rosie

            ~ The "Dream Team" ~
            "Penny" - Brother VQ2400" ~ "Leia" - Brother PR655 6-Needle Embroidery Machine
            "Rosie" - Viking Eden Rose 250C ~ "Pearl" - Viking Designer SE LE
            "Thor" - Juki TL-2010Q ~ ~ "Sally" - Singer ProFinish Serger ~

            Comment


              #7
              Re: Do We Have Any Attorneys In Here?

              Bad idea to meet someone who has assaulted you for no reason. He may really want to settle this out of court like people do with minor car accidents but your DH isn't a car that can be easily replaced. Lawyer is needed to protect both of you now and in the future. As for the agreement you typed up if it isn't witnessed by a 3rd party I think it is just you said, he said stuff and not legally binding.

              Comment


                #8
                Re: Do We Have Any Attorneys In Here?

                Jess, I know getting legal representation may seem too expensive, but please stop for a moment and consider that there is a reason why lawyers must be licensed by the state. Much of the skill of lawyers is in the very specific and specialized use of language in arguments and agreements. In other words, you are hoping to write a document in a language that you do not speak. I strongly urge you not to do this. You have an assaultive person to meet with privately? Oh h e double hockey sticks no. You want a document to be legally binding? And what if he doesn't pay as promised? What lawyer will take the case after you have - ahem and sorry dear - messed it up? Just the perspective of a person who was married to a lawyer for 30 years and heard many horror stories of well meaning people who got themselves into big problems. Lawyers always say that anyone who represents himself has a fool for a client. Unkind, but usually true. Good luck, and I hope hubby's injuries are better now. And by the way. The cop, admitted friend of bar owner, is not your friend. Nor is he a lawyer or a prosecutor. Please stop and think this through.

                Comment


                  #9
                  Re: Do We Have Any Attorneys In Here?

                  I'm currently trying to talk to Hubby and talk him out of this. They are planning on meeting in a public place (I don't want the guy to know where we live) with two officers present (one is a friend of mine... works for the city we live in). I really don't want this to happen, but I'm not getting anywhere with Hubby, and he's going to do it regardless if I want him to or not. Just trying to do something to help us out in any way I can.
                  ~ Rosie ~

                  Shop: It's Coming Up Rosie

                  ~ The "Dream Team" ~
                  "Penny" - Brother VQ2400" ~ "Leia" - Brother PR655 6-Needle Embroidery Machine
                  "Rosie" - Viking Eden Rose 250C ~ "Pearl" - Viking Designer SE LE
                  "Thor" - Juki TL-2010Q ~ ~ "Sally" - Singer ProFinish Serger ~

                  Comment


                    #10
                    Re: Do We Have Any Attorneys In Here?

                    I'm really sorry for what happened to your husband Rosie.
                    I've kinda been in the same situation, well, similar I'd say. One thinks that law and justice should protect everybody but there are so many things that aren't working! Sorry I can't help with anything but hugs
                    My blog (when I will be able to keep it updated): http://juliasdreamabout.blogspot.it/

                    Queen of Quiltgard

                    Lover of Scraps

                    Comment


                      #11
                      Re: Do We Have Any Attorneys In Here?

                      Jess, hope I wasn't too strident in what I wrote. I'm just very pessimistic about a positive outcome for this case. One other thing occurred to me. I am very suspicious of why this guy is so willing to negotiate, seemingly. Have you gone online to the criminal court docket and checked out this guy's criminal history? He may be trying to avoid something because he has other charges already pending or past convictions for violent offenses.

                      Comment


                        #12
                        Re: Do We Have Any Attorneys In Here?

                        If the guy offered to pay for medical expenses........tell him to send a check. I would be very suspicious of a meeting with the guy. He may try to get your husband to sign some sort of agreement or try to intimidate him. I agree with the others.......there is probably a reason this guy wants to put this to rest. Your husband definitely needs someone with him if he insist on going to this meeting.
                        "I'm putting together a list of 100 reasons why I am NOT relentless!" - Sue Heck, The Middle

                        Leonard: For God's sake, Sheldon, do I have to hold up a sarcasm sign every time I open my mouth?
                        Sheldon (intrigued): You have a sarcasm sign?

                        Comment


                          #13
                          Re: Do We Have Any Attorneys In Here?

                          Originally posted by Midge View Post
                          Jess, hope I wasn't too strident in what I wrote. I'm just very pessimistic about a positive outcome for this case. One other thing occurred to me. I am very suspicious of why this guy is so willing to negotiate, seemingly. Have you gone online to the criminal court docket and checked out this guy's criminal history? He may be trying to avoid something because he has other charges already pending or past convictions for violent offenses.
                          My friend, the cop, ran his background. Doesn't have anything other than a ticket for "Dog At Large"... guess his bulldog gets loose quite frequently. I actually know this guy. His younger sister and I played softball together for 15 years, my dad knows his mom from those softball years. He owns his own company (concrete business I think), and seems to be a decent guy. Just made one stuipd, drunkin mistake.
                          ~ Rosie ~

                          Shop: It's Coming Up Rosie

                          ~ The "Dream Team" ~
                          "Penny" - Brother VQ2400" ~ "Leia" - Brother PR655 6-Needle Embroidery Machine
                          "Rosie" - Viking Eden Rose 250C ~ "Pearl" - Viking Designer SE LE
                          "Thor" - Juki TL-2010Q ~ ~ "Sally" - Singer ProFinish Serger ~

                          Comment


                            #14
                            Re: Do We Have Any Attorneys In Here?

                            I agree, this sounds too good to be true, but with witnesses maybe an oral agreement is all you need. You could always have your insurance company go after him for the medical expenses. They do this with auto accidents for recovery.

                            I hope all will go well, will pray for a good outcome. Sounds like your DH is a peacemaker.
                            No act of kindness, however small, is ever wasted.
                            Aesop

                            Comment


                              #15
                              Re: Do We Have Any Attorneys In Here?

                              Glad to hear police officers will accompany your husband to the meeting, I'm so sorry for what you have been through.

                              Comment

                              Working...
                              X