when a lawyer says your case is muddy

How do I know if my lawyer is good?

So if you're curious, use these five quick ways to research whether your lawyer is legit:State Bar Profile. Every lawyer who is licensed to practice law in your home state must be listed in your state bar association's directory. ... Google / Search Engines. ... Yelp. ... The Attorney's Own Website. ... Third-Party Rating Groups.Sep 18, 2014

How do you explain your case to a lawyer?

Consider how much you are willing to do to organize your evidence, provide your witness contacts, write down a chronology (time line) of events, and generally sell yourself to your attorney, as well as the case, by appearing organized. Tell your story in the shortest possible way.Jun 15, 2013

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

How do you know a bad lawyer?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.Aug 19, 2020

What is Muddy Waters LLC?

Muddy Waters LLC defines itself as a investment research firm that publishes its research for free public consumption. Its research covers business fraud, accounting fraud and other fundamental problems. But what MW actually does is more than merely publish research reports. In its Terms of Service, it expressly states that one “should assume ...

Why should short selling be allowed?

To provide incentive and support for research firms independent of sell-side companies, short selling should be permitted as a means to such firms toe earn profits.

What is an independent analyst?

Independent analysts are independent from both the brokerage firms and investing institutions. The reports of the buy-side analysts are required to be objective and accurate. The more objective and accurate the research, the more helpful it will be for the performance of the investing institution.

What are the characteristics of a short seller?

Secondly, to be independent and unbiased, the research firm has to find another way to earn profits rather than selling reports to brokers or issuers. In other words, financial professionals need incentives to be independent research analysts. Profits from short selling satisfy the need. Thirdly, short sellers do function efficiently and effectively in identifying problematic companies and cleaning up the market. Although there is potential abuse of short selling, regulators are aware of this and have taken actions against illegalities. Therefore, there are good reasons for the existence of short selling research firms like MW.

What are the different types of research analysts?

Research analysts are generally categorized into three groups: sell-side, buy-side and independent. Sell-side analysts are those working for the brokerage firms, typically the investment banks.

How to determine if something is reasonable?

To determine if something is reasonable, a court may look at the following factors: the nature and importance of any improvements that were made by the culvert. whether or not the damage was reasonably foreseeable by the ones who made the changes, and. the extent of damage compared to the value of any improvements.

What is the opposite of the common enemy rule?

A number of states follow a rule which is, in theory, the opposite of the common enemy rule. The civil law rule holds that if a person alters the natural flow of surface waters in any way that harms the use and enjoyment of another property, that person will be liable for that harm.

What happens when water causes property damage?

When water causes property damage -- flooded basements, collapsing retaining walls, or soggy gardens, for example -- feuds between neighbors often result. But the legal issues can be as muddy as the mess in your backyard.

Who is responsible for damage caused by a tree?

Just as property owners are responsible for damage caused by their broken pipes, tree owners may be responsible for damage caused to another's property by their tree's branches or roots. (For more information, see Neighbor Disputes Over Trees .)

What happens if my neighbor is watering my house?

If your neighbor acts unreasonably or carelessly with water on his own property in a way that causes water damage to your property, you can sue for compensation for your losses and also ask the court to order the neighbor to stop the action.

Is a neighbor liable for a natural disaster?

As a general rule, a neighbor is not liable for harm caused by the natural conditions of land. If the land lies in such a way that a particular amount of water is dumped onto your backyard every year from rain running off your next-door neighbor's property, it's not legally your neighbor's fault.

What is the civil law rule?

Unlike the common enemy rule, which requires lower landowners to fend for themselves, the civil law rule holds upper landowners liable for any detrimental changes in runoff patterns. Like the common enemy rule, however, states no longer apply this rule in its strictest form.

Why do lawyers use analogies?

Sometimes, a lawyer may try to use a global analogy to take the entire legal situation and compare it with a nonlegal one in order to elicit sympathies from the decision maker.

What was the plaintiff's claim in Moore v. Regents?

Regents of the University of California, (43) the plaintiff claimed that his physician, hospital, a researcher, a research firm, and a pharmaceutical company made use in their own profitable venture, without his permission, of cells removed from his body in the course of medical treatment. The plaintiff argued that the defendants therefore wrongly appropriated something that belonged to the plaintiff. (44) The plaintiff argued that he had a proprietary interest in his own genetic material the same way the courts have recognized the proprietary interest each person has in his own likeness. The majority rejected this analogy, however, on the grounds that one's likeness is unique but one's genetic material for producing lymphokines are identical in all people: "it is no more unique to Moore than the number of vertebrae in the spine or the chemical formula of hemoglobin." (45)

What was the case in Adams v. New Jersey?

In Adams v. New Jersey Steamboat Co., (12) a steamboat passenger sued the owner after the theft of valuables from the rented cabin ; neither passenger nor owner had been negligent. The passenger claimed the owner nonetheless was strictly responsible, regardless of any failure or compliance with care, in light of prior case ruling that innkeepers were strictly liable for the theft of boarders' valuables. The owner argued against strict liability and pointed to precedents rejecting liability claims by passengers on open-berth sleeping trains. For purposes of liability for theft from a passenger, should the steamboat owner be viewed as more like the innkeeper or more like the train owner? The court reasoned that "A steamer carrying passengers upon the water, and furnishing them with rooms and entertainment, is, for all practical purposes, a floating inn, and hence the duties which the proprietors owe to the passengers in their charge ought to be the same." (13) The court noted that both innkeepers and steamboat operators are entrusted with high levels of confidence in the face of temptations by many to endanger guests. Given this parallel relationship to guests, innkeepers and steamboat operators should bear the same kinds of duties to guests. (14)

How does reasoning by analogy work?

Reasoning by analogy works by inferring from the recognition that two items share some traits that they share an additional trait that one of them is known to possess or by judging that because two items share some traits they should be characterized or treated in a similar way. (7) To be persuasive, the comparison must appeal to a sense ...

Why is it wrong to urge an individual to cease his efforts to gain his basic constitutional rights?

We must come to see that, as the federal courts have consistently affirmed, it is wrong to urge an individual to cease his efforts to gain his basic constitutional rights because the quest may precipitate violence. Society must protect the robbed and punish the robber.".

What is the doctrine of res judicata?

The doctrine of res judicata -- claim preclusion -- directs that a judgment on the merits of a controversy bars subsequent actions between the same parties upon the same claim. Discerning what suits should be precluded often engages courts and parties in analogical reasoning.

How to determine the base point of a comparison?

The three steps of 1) locating a base for comparison; 2) identifying similarities and differences between the base and the disputed instance; and 3) determining whether the similarities are more weighty than the differences are also used in the process of reasoning by disanalogy. Here the base point is used to demonstrate why the disputed instance is sufficiently different to warrant treatment different than that accorded to the base point. Consider this in the context of inherently dangerous objects. Let's assume that a gun has already been treated as an inherently dangerous object. Should a lamp that exploded be treated similarly as an inherently dangerous object? Perhaps we note that the gun was designed to injure while the lamp was not.

What happens if my neighbor is watering my house?

If your neighbor acts unreasonably or carelessly with water on his own property in a way that causes water damage to your property, you can sue for compensation for your losses and also ask the court to order the neighbor to stop the action.

What happens when water causes property damage?

When water causes property damage — flooded basements, collapsing retaining walls, or soggy gardens, for example — feuds between neighbors often result. But the legal issues can be as muddy as the mess in your backyard.

Is a neighbor liable for a natural disaster?

As a general rule, a neighbor is not liable for harm caused by the natural conditions of land. If the land lies in such a way that a particular amount of water is dumped onto your backyard every year from rain running off your next-door neighbor’s property, it’s not legally your neighbor’s fault. But what if your neighbor landscapes his property so that the amount of water running onto your yard doubles every year? Your neighbor would say that the change is still caused by the naturally occurring rain, not his landscaping. But you would probably prefer to take your neighbor’s action into account. It turns out that three different rules of liability govern situations like this.