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No, this is just what a lawyer would say. Every time I've consulted a lawyer (in Europe) I was told that the situation is very difficult, and there are big risk

No, this is just what a lawyer would say. Every time I've consulted a lawyer (in Europe) I was told that the situation is very difficult, and there are big risks involved if I didn't do it properly, and a long and detailed contract would be required to avoid all these risks, and it just so happens that the lawyer I consulted with is very experienced in this area and would offer to set up such a contract for me. The contract is generally some generic patchwork piece made with copy and paste. Half the text doesn't apply to the situation at all and when challenged the lawyer says: "These are standard terms that we always put in there".

nosianu 4y ago
Yes and no, from experience, it matters a lot who sends that generic paper to another party. When they see it's sent by a lawyer the effect is very different from when a normal person sends it. You hire the lawyer for their title more then for the expertise in such mundane standard cases. It's a signaling thing. For example, when (in Germany) you get an "Abmahnung" (https://allaboutberlin.com/glossary/Abmahnung https://allaboutberlin.com/glossary/Abmahnung) for filesharing even though how to respond is standardized advice you are probably still better off having it sent by a lawyer. It tells the other party that if they escalate that you are less likely to cave in to the pressure, that they would have to actually have to go to court, which is expensive and time consuming and in filesharing cases only worth it when they want to "send a signal" or create a court ruling to be able to point to.
mavhc 4y ago
Laws are written by lawyers in such a way as to force you to have to hire lawyers
Aeolun 4y ago
> No, this is just what a lawyer would say. I meant to say that I trust the legal apparatus in Europe to function more or less correctly even without consulting a lawyer. Conversely, in the US my idea of what is right generally turns out to be wrong as long as the other party has more money to spend on lawyers.

nosianu 4y ago

Yes and no, from experience, it matters a lot who sends that generic paper to another party. When they see it's sent by a lawyer the effect is very different from when a normal person sends it. You hire the lawyer for their title more then for the expertise in such mundane standard cases. It's a signaling thing. For example, when (in Germany) you get an "Abmahnung" (https://allaboutberlin.com/glossary/Abmahnung https://allaboutberlin.com/glossary/Abmahnung) for filesharing even though how to respond is standardized advice you are probably still better off having it sent by a lawyer. It tells the other party that if they escalate that you are less likely to cave in to the pressure, that they would have to actually have to go to court, which is expensive and time consuming and in filesharing cases only worth it when they want to "send a signal" or create a court ruling to be able to point to.

mavhc 4y ago

Laws are written by lawyers in such a way as to force you to have to hire lawyers

Aeolun 4y ago

> No, this is just what a lawyer would say. I meant to say that I trust the legal apparatus in Europe to function more or less correctly even without consulting a lawyer. Conversely, in the US my idea of what is right generally turns out to be wrong as long as the other party has more money to spend on lawyers.