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Re: [infoguys-list] Re:Interesting Legal Research

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  • Bob Hrodey
    ... While not directly on point, this brings to mind a little trick of the trade I picked up from an old insurance adjuster who became a quite successful
    Message 1 of 15 , Sep 10, 2008
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      Marcie, wrote the following at or about 9/10/2008 12:06 PM:
      > *******You wrote:*******
      > If you are communicating a contract and using email to do it, it is
      > not necessary to have the contract signed to make it binding and to
      > make it satisfy the statue of fraudes under the UCC.
      >
      > I found this to be of particular interest to people that are doing
      > business in two separate states..
      >
      > Rick.
      > ************************
      > Rick,
      >
      > Then what makes it binding? Just the fact that you e-mailed it to the Client and he paid the Retainer?
      >
      > Somehow, that doesn't sound quite right to me. But maybe I'm missing something. Would you please elaborate? I've had several cases that were initiated over the internet and I've always had the Client sign, then either fax or scan/e-mail the forms back to me. If there's another way to do it, I'd like to know about it.
      >
      > Thanks in advance for your grace in light of my ignorance.

      While not directly on point, this brings to mind a little "trick of the
      trade" I picked up from an old insurance adjuster who became a quite
      successful personal injury attorney.

      Regardless of whether or not you are going to have a
      witness/defendant/whatever sign a statement that you've taken;
      regardless of whether or not you're going to sign a contract with a
      client, etc. Always, always, always, communicate your agreement in
      writing in the form of (in the case of the former) a "letter of
      transmittal" or in the case of the latter, a letter of understanding.

      Should there later be a problem, you will at least have some
      documentation in file to bolster your position. Here's how they work:

      Letter of transmittal: Dear Witness - Enclosed please find a copy of
      your transcribed statement which you provided to me on September 10th,
      2008. I would ask that you take a moment to review it and carefully
      check it for any errors or misstatements of fact that you might find.
      If you find any, please contact me immediately so that I can make the
      necessary corrections... (Witness steps forward at trial a year later
      and says that he's reviewed the purported statement that he gave and you
      have made a ton of mistakes. On cross the obvious question is "You were
      notified of the contents, given an opportunity to review them and asked
      if you had any corrections. You remained mute. Why?")

      Letter of understanding: Just like the topic of this thread. Today's
      date. You spell out what you're going to do X for Client and you're
      charging him $125/hour and expenses (with mileage at $0.65), etc
      (basically reiterate the majority of what would be in your standard
      contract) and ask them to contact you if your understanding of the
      assignment and terms are incorrect. Then quote the retainer IF THIS
      MEETS WITH YOUR [client's] approval. Make a Xerox copy of the retainer
      check when it arrives and stick in the file. When the client defaults
      on the "contract" down the road and you have to sue him/her, they are
      going to have a real job overcoming those two pieces of evidence which
      spell out the agreement and the acceptance of those terms (in the form
      of a retainer which is dated or received either contemporaneously with
      the letter or after the fact). Bonus is you also have a nice record of
      where to drop the first brick (non-wage garnishment) when you get that
      judgment<g>


      --
      Enjoy,

      Bob
      _______________________________________________________________________
      Hrodey & Associates Established 1977
      Post Office Box 366 Member of NALI, ASIS, FBINAA, NAPPS
      Woodstock, IL 60098-0366 NCISS, Assoc Det of IL & P.A.W.L.I.
      Licensed in IL & WI (815) 337-4636 Voice 337-4638 Fax
      e-mail: inquiry@... or rth@...
      Illinois License 115-000783 Wisconsin 8045-063
    • Metro Detective Agency, LLC
      Unfortunately, the UCC is for the sale of goods, not services. Since most of us are selling services and not tangible goods, the UCC does not help much. On
      Message 2 of 15 , Sep 10, 2008
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        Unfortunately, the UCC is for the sale of goods, not services. Since most
        of us are selling services and not tangible goods, the UCC does not help
        much. On the other hand, one could use the e-mail communication to support
        a contention that the contract was effectively agreed to even though a
        signed copy was not returned by the client.

        I am not a lawyer and I do not provide legal advice. I have however stayed
        at a Holiday Inn Express before.


        Daniel Schroeder, Licensed Private Detective
        Metro Detective Agency, LLC
        P.O. Box 1050, DeKalb, IL 60115
        Office: (815) 787-1111
        Cellular: (815) 757-8940
        Fax: (866) 727-2051
        info@...
        http://www.metrodetectiveagency.com
      • Ricky Gurley
        ... Since most ... help ... The part of the ruling regarding the UCC was not of much interest to me. What WAS of enormous interest to me is how the Judge ruled
        Message 3 of 15 , Sep 10, 2008
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          --- In infoguys-list@yahoogroups.com, "Metro Detective Agency, LLC"
          <administrator@...> wrote:
          >
          >
          >
          > Unfortunately, the UCC is for the sale of goods, not services.
          Since most
          > of us are selling services and not tangible goods, the UCC does not
          help
          > much.

          The part of the ruling regarding the UCC was not of much interest to
          me. What WAS of enormous interest to me is how the Judge ruled that
          when the email communications are factored in it constitutes
          a "meeting of the minds", AND makes the contract binding EVEN THOUGH
          the contact is not signed......



          Rick.


          Risk Management Research & Investments, Inc.
          Mailing Address: 2101 W. Broadway PMB 326, Columbia, MO. 65203
          Office Address: 1 E. Broadway Suite Z, Columbia, MO. 65203
          Direct Office Number: (573) 234-6876
          Office Phone: (573) 234-4647 Ext. 110
          Car Phone: (573) 529--0808
          Cell Phone: (573) 398-0024
          Toll Free Phone: (888) 571-0958
          Toll FreeFax: (877) 795-9800
          EMERGENCY LINE: (573) 234-4871

          RMRI, Inc. Websites
          (1) http://www.rmriinc.com
          (2) http://rmriinc.bestcyberinvestigator.com

          RMRI, Inc. Blogs
          (1) http://rmriinc.blogspot.com/index.html
          (2) http://rmriincspace.spaces.live.com/
        • Gregory Choate
          Rick... you turn up in the weirdest places...GregGregory Choate, Agency Owner Florida PI Lic# C 2600215 Buccaneer Investigations Florida Agency LIC# A 2600231
          Message 4 of 15 , Sep 10, 2008
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            Rick... you turn up in the weirdest places...GregGregory Choate, Agency Owner Florida PI Lic# C 2600215 Buccaneer Investigations Florida Agency LIC# A 2600231 Jacksonville, Florida Telephone Number: 904-213-4286 Toll Free Fax# 866-347-6771 Email: GChoate@... Website: http://www.BuccaneerInvestigations.com Charter Member of FAPI Member in Good Standing of NAIS 8 year Veteran of Military Intelligence



            EMAILING FOR THE GREATER GOODJoin me

            To: infoguys-list@yahoogroups.comFrom: rmriinc@...: Wed, 10 Sep 2008 19:36:39 +0000Subject: [infoguys-list] Re:Interesting Legal Research




            --- In infoguys-list@yahoogroups.com, "Metro Detective Agency, LLC" <administrator@...> wrote:>> > > Unfortunately, the UCC is for the sale of goods, not services. Since most> of us are selling services and not tangible goods, the UCC does not help> much. The part of the ruling regarding the UCC was not of much interest to me. What WAS of enormous interest to me is how the Judge ruled that when the email communications are factored in it constitutes a "meeting of the minds", AND makes the contract binding EVEN THOUGH the contact is not signed......Rick.Risk Management Research & Investments, Inc.Mailing Address: 2101 W. Broadway PMB 326, Columbia, MO. 65203Office Address: 1 E. Broadway Suite Z, Columbia, MO. 65203Direct Office Number: (573) 234-6876Office Phone: (573) 234-4647 Ext. 110Car Phone: (573) 529--0808Cell Phone: (573) 398-0024Toll Free Phone: (888) 571-0958 Toll FreeFax: (877) 795-9800EMERGENCY LINE: (573) 234-4871RMRI, Inc. Websites(1) http://www.rmriinc.com(2) http://rmriinc.bestcyberinvestigator.comRMRI, Inc. Blogs(1) http://rmriinc.blogspot.com/index.html(2) http://rmriincspace.spaces.live.com/






            [Non-text portions of this message have been removed]
          • Ricky Gurley
            ... What can I say? It s the nature of my work? LOL. Rick. Risk Management Research & Investments, Inc. Mailing Address: 2101 W. Broadway PMB 326, Columbia,
            Message 5 of 15 , Sep 10, 2008
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              --- In infoguys-list@yahoogroups.com, Gregory Choate <gchoate@...>
              wrote:
              >
              > Rick... you turn up in the weirdest places...

              What can I say? It's the nature of my work? LOL.


              Rick.


              Risk Management Research & Investments, Inc.
              Mailing Address: 2101 W. Broadway PMB 326, Columbia, MO. 65203
              Office Address: 1 E. Broadway Suite Z, Columbia, MO. 65203
              Direct Office Number: (573) 234-6876
              Office Phone: (573) 234-4647 Ext. 110
              Car Phone: (573) 529--0808
              Cell Phone: (573) 398-0024
              Toll Free Phone: (888) 571-0958
              Toll FreeFax: (877) 795-9800
              EMERGENCY LINE: (573) 234-4871

              RMRI, Inc. Websites
              (1) http://www.rmriinc.com
              (2) http://rmriinc.bestcyberinvestigator.com

              RMRI, Inc. Blogs
              (1) http://rmriinc.blogspot.com/index.html
              (2) http://rmriincspace.spaces.live.com/
            • Gary Krisulevicz
              So am I to understand the basics......My emails to a client discussing prices and such and the subsequent affimation of that being considered a contract are
              Message 6 of 15 , Sep 10, 2008
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                So am I to understand the basics......My emails to a client discussing prices and such and the subsequent affimation of that being considered a contract are the result of a pig guts business?
                 
                Momma would be so proud. I knew someday I'd make it to the big time.
                 
                Gary L. Krisulevicz
                Bartlet Agency, LLC
                NJ Lic#7979
                www.bartletagency.com



                ----- Original Message ----
                From: Ricky Gurley <rmriinc@...>
                To: infoguys-list@yahoogroups.com
                Sent: Wednesday, September 10, 2008 3:47:07 PM
                Subject: [infoguys-list] Re:Interesting Legal Research


                --- In infoguys-list@ yahoogroups. com, Gregory Choate <gchoate@... >
                wrote:
                >
                > Rick... you turn up in the weirdest places...

                What can I say? It's the nature of my work? LOL.

                Rick.

                Risk Management Research & Investments, Inc.
                Mailing Address: 2101 W. Broadway PMB 326, Columbia, MO. 65203
                Office Address: 1 E. Broadway Suite Z, Columbia, MO. 65203
                Direct Office Number: (573) 234-6876
                Office Phone: (573) 234-4647 Ext. 110
                Car Phone: (573) 529--0808
                Cell Phone: (573) 398-0024
                Toll Free Phone: (888) 571-0958
                Toll FreeFax: (877) 795-9800
                EMERGENCY LINE: (573) 234-4871

                RMRI, Inc. Websites
                (1) http://www.rmriinc. com
                (2) http://rmriinc. bestcyberinvesti gator.com

                RMRI, Inc. Blogs
                (1) http://rmriinc. blogspot. com/index. html
                (2) http://rmriincspace .spaces.live. com/






                [Non-text portions of this message have been removed]
              • Ricky Gurley
                ... discussing prices and such and the subsequent affimation of that being considered a contract are the result of a pig guts business? ... Just to be clear,
                Message 7 of 15 , Sep 10, 2008
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                  --- In infoguys-list@yahoogroups.com, Gary Krisulevicz
                  <bartletagency@...> wrote:
                  >
                  > So am I to understand the basics......My emails to a client
                  discussing prices and such and the subsequent affimation of that
                  being considered a contract are the result of a pig guts business?
                  >  
                  > Momma would be so proud. I knew someday I'd make it to the big time.


                  Just to be clear, this is YOUR interpretation of the Judge's ruling,
                  right? So we are all aware of how "skillful" you are at interpreting
                  such legal decisions......


                  Rick.


                  Risk Management Research & Investments, Inc.
                  Mailing Address: 2101 W. Broadway PMB 326, Columbia, MO. 65203
                  Office Address: 1 E. Broadway Suite Z, Columbia, MO. 65203
                  Direct Office Number: (573) 234-6876
                  Office Phone: (573) 234-4647 Ext. 110
                  Car Phone: (573) 529--0808
                  Cell Phone: (573) 398-0024
                  Toll Free Phone: (888) 571-0958
                  Toll FreeFax: (877) 795-9800
                  EMERGENCY LINE: (573) 234-4871

                  RMRI, Inc. Websites
                  (1) http://www.rmriinc.com
                  (2) http://rmriinc.bestcyberinvestigator.com

                  RMRI, Inc. Blogs
                  (1) http://rmriinc.blogspot.com/index.html
                  (2) http://rmriincspace.spaces.live.com/
                • Gary Krisulevicz
                  Oh MY interpretation is very liberal believe me. In fact I am going to send this to my attorney friend who has been chasing a very prominent hairdo here for me
                  Message 8 of 15 , Sep 10, 2008
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                    Oh MY interpretation is very liberal believe me. In fact I am going to send this to my attorney friend who has been chasing a very prominent hairdo here for me in NJ. This may just be what the doctor ordered  - Thanks!

                     Gary L. Krisulevicz
                    Bartlet Agency, LLC
                    NJ Lic#7979 / Va Lic#99209497
                    www.bartletagency.com
                    (732) 996-1070



                    ----- Original Message ----
                    From: Ricky Gurley <rmriinc@...>
                    To: infoguys-list@yahoogroups.com
                    Sent: Wednesday, September 10, 2008 4:51:08 PM
                    Subject: [infoguys-list] Re:Interesting Legal Research


                    --- In infoguys-list@ yahoogroups. com, Gary Krisulevicz
                    <bartletagency@ ...> wrote:
                    >
                    > So am I to understand the basics...... My emails to a client
                    discussing prices and such and the subsequent affimation of that
                    being considered a contract are the result of a pig guts business?
                    >  
                    > Momma would be so proud. I knew someday I'd make it to the big time.

                    Just to be clear, this is YOUR interpretation of the Judge's ruling,
                    right? So we are all aware of how "skillful" you are at interpreting
                    such legal decisions.... ...

                    Rick.

                    Risk Management Research & Investments, Inc.
                    Mailing Address: 2101 W. Broadway PMB 326, Columbia, MO. 65203
                    Office Address: 1 E. Broadway Suite Z, Columbia, MO. 65203
                    Direct Office Number: (573) 234-6876
                    Office Phone: (573) 234-4647 Ext. 110
                    Car Phone: (573) 529--0808
                    Cell Phone: (573) 398-0024
                    Toll Free Phone: (888) 571-0958
                    Toll FreeFax: (877) 795-9800
                    EMERGENCY LINE: (573) 234-4871

                    RMRI, Inc. Websites
                    (1) http://www.rmriinc. com
                    (2) http://rmriinc. bestcyberinvesti gator.com

                    RMRI, Inc. Blogs
                    (1) http://rmriinc. blogspot. com/index. html
                    (2) http://rmriincspace .spaces.live. com/






                    [Non-text portions of this message have been removed]
                  • Ricky Gurley
                    ... to send this to my attorney friend who has been chasing a very prominent hairdo here for me in NJ. This may just be what the doctor ordered  - Thanks!
                    Message 9 of 15 , Sep 10, 2008
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                      --- In infoguys-list@yahoogroups.com, Gary Krisulevicz
                      <bartletagency@...> wrote:
                      >
                      > Oh MY interpretation is very liberal believe me. In fact I am going
                      to send this to my attorney friend who has been chasing a very
                      prominent hairdo here for me in NJ. This may just be what the doctor
                      ordered  - Thanks!


                      Excellent! For the sake of being thorough, why don't you also include
                      a link to the site that I found this at?:
                      http://www.mow.uscourts.gov/opinions/District/laughrey_opinions.html

                      Fourth case down.


                      Rick.



                      Risk Management Research & Investments, Inc.
                      Mailing Address: 2101 W. Broadway PMB 326, Columbia, MO. 65203
                      Office Address: 1 E. Broadway Suite Z, Columbia, MO. 65203
                      Direct Office Number: (573) 234-6876
                      Office Phone: (573) 234-4647 Ext. 110
                      Car Phone: (573) 529--0808
                      Cell Phone: (573) 398-0024
                      Toll Free Phone: (888) 571-0958
                      Toll FreeFax: (877) 795-9800
                      EMERGENCY LINE: (573) 234-4871

                      RMRI, Inc. Websites
                      (1) http://www.rmriinc.com
                      (2) http://rmriinc.bestcyberinvestigator.com

                      RMRI, Inc. Blogs
                      (1) http://rmriinc.blogspot.com/index.html
                      (2) http://rmriincspace.spaces.live.com/
                    • Gary Krisulevicz
                      Perfect, Thanks again.  Gary L. Krisulevicz Bartlet Agency, LLC NJ Lic#7979 / Va Lic#99209497 www.bartletagency.com (732) 996-1070 ... From: Ricky Gurley
                      Message 10 of 15 , Sep 10, 2008
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                        Perfect, Thanks again.

                         Gary L. Krisulevicz
                        Bartlet Agency, LLC
                        NJ Lic#7979 / Va Lic#99209497
                        www.bartletagency.com
                        (732) 996-1070



                        ----- Original Message ----
                        From: Ricky Gurley <rmriinc@...>
                        To: infoguys-list@yahoogroups.com
                        Sent: Wednesday, September 10, 2008 5:22:09 PM
                        Subject: [infoguys-list] Re:Interesting Legal Research


                        --- In infoguys-list@ yahoogroups. com, Gary Krisulevicz
                        <bartletagency@ ...> wrote:
                        >
                        > Oh MY interpretation is very liberal believe me. In fact I am going
                        to send this to my attorney friend who has been chasing a very
                        prominent hairdo here for me in NJ. This may just be what the doctor
                        ordered  - Thanks!

                        Excellent! For the sake of being thorough, why don't you also include
                        a link to the site that I found this at?:
                        http://www.mow. uscourts. gov/opinions/ District/ laughrey_ opinions. html

                        Fourth case down.

                        Rick.

                        Risk Management Research & Investments, Inc.
                        Mailing Address: 2101 W. Broadway PMB 326, Columbia, MO.. 65203
                        Office Address: 1 E. Broadway Suite Z, Columbia, MO. 65203
                        Direct Office Number: (573) 234-6876
                        Office Phone: (573) 234-4647 Ext. 110
                        Car Phone: (573) 529--0808
                        Cell Phone: (573) 398-0024
                        Toll Free Phone: (888) 571-0958
                        Toll FreeFax: (877) 795-9800
                        EMERGENCY LINE: (573) 234-4871

                        RMRI, Inc. Websites
                        (1) http://www.rmriinc. com
                        (2) http://rmriinc. bestcyberinvesti gator.com

                        RMRI, Inc. Blogs
                        (1) http://rmriinc. blogspot. com/index. html
                        (2) http://rmriincspace .spaces.live. com/






                        [Non-text portions of this message have been removed]
                      • suesarkis@aol.com
                        Folks - I cannot address the laws of all states but here in CA performing a service as requested is basically an enforceable contract. CIVIL CODE - 1619. A
                        Message 11 of 15 , Sep 10, 2008
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                          Folks -

                          I cannot address the laws of all states but here in CA performing a service
                          as requested is basically an enforceable contract.

                          CIVIL CODE -
                          1619. A contract is either express or implied.

                          1620. An express contract is one, the terms of which are stated in words.

                          1621. An implied contract is one, the existence and terms of which are
                          manifested by conduct.

                          1622. All contracts may be oral, except such as are specially required by
                          statute to be in writing.



                          Sincerely yours,
                          Sue
                          ________________________
                          Sue Sarkis
                          Sarkis Detective Agency


                          (est. 1976)
                          PI 6564
                          _www.sarkispi.com_ (http://www.sarkispi.com/)

                          1346 Ethel Street
                          Glendale, CA 91207-1826
                          818-242-2505
                          818-246-3001 FAX

                          "one Nation under God"

                          If you can read this, thank a teacher. If you can read it in English, thank
                          a military veteran



                          **************Psssst...Have you heard the news? There's a new fashion blog,
                          plus the latest fall trends and hair styles at StyleList.com.
                          (http://www.stylelist.com/trends?ncid=aolsty00050000000014)


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