Teacher breaks chain's no-compete, lands in jail

[Throwaway Overshare]

http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/101808dnmetchacha.3cf3f42.html

Last week, a Collin County district judge ordered Mr. Rush to serve 30 days in the county jail for contempt of court after violating an order prohibiting him from teaching dance lessons within 25 miles of a Plano dance studio.

Mr. Rush's former bosses at Arthur Murray Dance Studios said the dancer violated terms of a non-compete employment agreement. By teaching near the studio, they said, Mr. Rush could undermine their "competitive advantage."

[cornutt]

Very, um, interesting comment from "anondancer" in the comments under that article. :shock: Somebody's about to be in a lot of trouble, but I'm not sure who.

[tanya_the_dancer]

This seems like a strange case all around. The impression I've got from the article is as if the studio decided to make an example of this guy which is why they pressed the case so hard.

IMO, it's yet another excess of our judicial system, like one we had in Suffolk county maybe 10 years ago, when a woman was arrested because she had an outstanding ticket for walking a dog without a leash.

[etp777]

not sure what I think about this one. Not a fan of government overinvolvement anywhere, but he signed the contract and then knowingly not once, but twice, broke it. Not only breaking contract second time, but breaking a court order.

[nucat78]

Logical or not, fair or not, a court order is to be obeyed or you go to jail. It's quite simple. Hire an attorney if you want it rescinded.

[Standarddancer]

It's interesting how Arthur Murray claimed "Mr. Rush certainly reaped the benefits of having extensive training by world-renowned experts," if it's true, probably the teacher's lawyer could offer to pay back all the lessons with world masters to free him up from jail.

Not sure to what extent the studio trained this teacher, if the dance teacher really get instructions from world class masters, then it is unfair for the studio that he uses these knowledge to compete against the studio.

Maybe the poor teacher doesn't have the money to reimburse the studio for the training cost incurred and the studio insisted to make an example out of this guy so push him to jail.

[Throwaway Overshare]

Hire an attorney if you want it rescinded.

That may be the issue right there: the studio probably has an attorney and the teacher probably does not.

With that kind of inequity its not even clear that the contract is valid - there's a lot of variability there from state to state. Since it was a civil case he doesn't get a public defender to provide even basic advice such as "don't tick off the judge"

If there are other legitimate concerns about the case (as alleged in the comments) then those should be handled on their merits if any, not under the guise of restricting competition.

[cornutt]

With that kind of inequity its not even clear that the contract is valid - there's a lot of variability there from state to state. Since it was a civil case he doesn't get a public defender to provide even basic advice such as "don't tick off the judge"



They quoted his lawyer in the article. ;)

[quixotedlm]

Seconding nucat. looks like the jailing has nothing to do directly with the non-compete clause or how that is interpreted by Arthur Murray. If that were all, it would be two people having a tiff. In this case, the court had a clear opinion and sided with A&M, and asked him to cease working within 25 miles. At this point, everybody in his position is afforded the opportunity to indulge in civil disobedience, but that doesn't also come with a get-out-of-jail-free card.

That said, I would personally try to remember this incident always. If I ever meet someone who wants to take dance lessons in the Dallas area, I'd be sure to recommend strongly against thus A&M studio.

[Angel HI]

The issue here is not the non-compete. That in itself, could be questionable. The issue is that he is jailed for disregarding a court order, which is seperate from the non-compete.

[danceronice]

With that kind of inequity its not even clear that the contract is valid - .

He's in jail for violating a court order enforcing the contract--the court's already reviewed the contract and found it to be valid under the laws of the state of Texas. There's nothing illegal in most states about noncompetitive agreements--I've had to sign them before (oddly enough mostly with tutoring or teaching jobs.)

If you mean because he didn't have a lawyer when he signed, that's not relevant. In the majority of cases, unless someone is a minor, you do not need legal counsel to sign a contract. In fact you don't even have to READ the contract--if you sign it without reading it, so long as it's written correctly it's still valid. Willfully deciding not to look it over does not invalidate it.

No comment on the other accusations outside the article. Could be true, could be some jerk on the internet. Who knows.

[cornutt]

I'm guessing there is a lot more to the story than what has been reported, judging by some of the comments that accompany the posted article. Otherwise I can't imagine a studio having spent the amount of money that they've probably spent prosecuting this.

[wooh]

I'm thinking there has to be something else going on too. The article said the studio is in Plano, and it's pretty easy to go 25 miles away, and still be in a part of the DFW metroplex, and thus able to make some money.

[Larinda McRaven]

Honestly the problem I see is NOT that he was teaching within 25 miles. Most studios will be irritated, but not enough to go after a teacher. The problem is that he SOLICITED studio students. That right there has been the basis of more studio/teacher lawsuits than anything I ever hear about.

No judge on earth is going to tell a teacher they cannot teach the students that seek them out and call them. Everyone has a right to make a living. But it is damaging to a studio when a teacher actually CALLS and INVITES students to take lessons with them down the street. And judges will protect the studio in those cases. And thus the judge upheld the non-compete clause. The teacher was not smart in continuing to teach locally after that, and therefore ended up in jail.

To teach next door is one thing. To call the students to follow you next door is another. That is probably what set the lawsuit in motion. Contempt of a court order landed him in jail.

[fascination]

some folks, in every walk of life, can be militantly stubborn about being right, even in the face of jail time...or equally dire straights

[Throwaway Overshare]

the court's already reviewed the contract and found it to be valid under the laws of the state of Texas.

On the contrary, the court probably has not reviewed the substance of it in depth yet. Courts don't figure things out for themselves, they rule on the arguments that are presented to them, and in most cases only the arguments that are presented.

There's nothing illegal in most states about noncompetitive agreements--I've had to sign them before (oddly enough mostly with tutoring or teaching jobs.)

In most states they are generally known to be unenforceable, either as a matter of law or as a matter of futility. There's a growing recognition that you have a right to earn a living in your profession.

As for why he's in jail, that is probably not simply because he simply violated the court order and was caught by the judge, but because the other party found out that he was still teaching and complained to the judge. Judges don't go out and investigate, they act on what is brought before them.

[cornutt]

some folks, in every walk of life, can be militantly stubborn about being right, even in the face of jail time...or equally dire straights

I can't imagine the pickle his lawyer must be in right now... having to defend the client in court and in public, while probably reading him the riot act in private. It's got to be infuriating trying to represent a client who insists on sabotaging his own defense.

[Throwaway Overshare]

I would think the publicity is the best thing he's got going for him.

[etp777]

Cornutt, pretty typical situation for criminal defense lawyers, sadly enough.

[fascination]

I can't imagine the pickle his lawyer must be in right now... having to defend the client in court and in public, while probably reading him the riot act in private. It's got to be infuriating trying to represent a client who insists on sabotaging his own defense.
that stuff does make lawyers nuts...people hire them then don't listen to them:rolleyes:

[fascination]

I would think the publicity is the best thing he's got going for him.
I doubt that...b/c if one doesn't act ethically WRT the law and other studios, what would make a student feel confident that they would be treated with higher regard?

[Throwaway Overshare]

Cornutt, pretty typical situation for criminal defense lawyers, sadly enough.

Perhaps, but it's not a criminal case.

It's only a case because the other party still feels they have something to gain from showing the world how childish they can be.

Students are not property, we are people and we can make our own decisions.

[etp777]

And if you truly claim to be an adult your word should be good and you should honor contract you sign.

As has been mtnioned, with Plano's location, there are more than enough places you can teach in DFW metroplex andd still abide by the 25mile rule that the teacher CHOSE to agree to.

[fascination]

dunno...depends on what was signed...and admittedly I have yet to read it...but one of the things that I really respect about NP was that when I first called him, his first question was about what happened and how the transition would be viewed by my FP and any studios involved... as a professional courtesy...

I think if one has signed a clause and then operates without regard to it and then goes a step further as to solicit out of the pre-existing studio...that is problematic... different from students inquiring and following on their own...beyond that, once the court has laid the smack down, defying the court is it's own issue...and one does that at their own peril

[Throwaway Overshare]

As has been mtnioned, with Plano's location, there are more than enough places you can teach in DFW metroplex andd still abide by the 25mile rule that the teacher CHOSE to agree to.

Next time you get a boilerplate contract, change something trivial and hand it back. See how practical your idea is. Chances are the person who could approve or disapprove your changes isn't even there. Better yet, try it the next time your computer pops up something you have to agree to - try changing that.

The world is full of "contracts" with terms that are widely known to be unenforceable, but act instead simply to intimidate the uninformed.

[etp777]

I went through almost a month of negotiations before I took this job, and that was just coming back to a position I previously held.

Whether it's easy or not to change it, if you sign your name to that piece of paper, you've made a commitment. If it can't be changed and you can't live with it, move on. if you sign in, have the integrity to back up your name.

[Throwaway Overshare]

Whether it's easy or not to change it, if you sign your name to that piece of paper, you've made a commitment. If it can't be changed and you can't live with it, move on. if you sign in, have the integrity to back up your name.

If you exist in our modern world, you have signed contracts with unenforceable, outrageously unreasonable terms that you haven't the slightest intention of living up to. Do you have a credit card? Drive a car? Own a computer? Have a mortgage or a lease? A bank account? Most of the time you won't need to worry about those, but notice how every once in a while you get a fifty cent credit as a result of a class action over some contract term found invalid.

The world is full of fine print, some of which is valid and some of which is there just to intimidate. Unfortunately, figuring out which is which requires expertise and expensive legal proceedings.

[etp777]

I have always dealt with expectations of possibly facing legal consequences for various actions, b ut I go into it knowingly and accept it may happen. "Choose whatever laws you need to live with. I will follow the ones I agree with, and break those that I don't", to paraphrase. But I do it fully knowingly. If you choose to sign a contract and not know possible consequences, that's your choice. I choose not to, up to and including reading EULAs on software before I click agree. Don't claim I live up to everything, do accept responsibility for what I agree to though, whether I'm happy about it or not.

[etp777]

Oh, and for those wondering, that's paraphrasing the character Professor Bernardo De La Paz, and his view on rational anarchy (term I've only heard in that book), and his views on laws that new country being born on Luna (the moon) chose for themselves, in the book 'The Moon is a Harsh Mistress', by Robert A. Heinlein. One of my favorite books by my favorite author.

[Joe]

If a judge issues an order later determined to be illegal, and you are arrested based on that order, are you able to sue the judge?

[fascination]

good question...must go investigate

[cornutt]

If a judge issues an order later determined to be illegal, and you are arrested based on that order, are you able to sue the judge?

(Internet lawywer-wannabe-speak follows; use at your own risk. ;))

I'm guessing that the answer is "no" in most cases. Judges get overturned by higher courts all the time. Most states indemnify government officers and employees against lawsuits resulting from actions they take as part of their official duties. A judge who is out of line may be censured by the state's judiciary branch, or by the state bar if the judge holds a law license. Judges can be impeached, but usually only for criminal acts while in office (it varies depending on the state constitution). Federal judges can be impeached by Congress, although I don't believe it's happened since the 1980s. There are a few states who have made it a crime for state employees to blatantly abuse their status, but I'm not aware of any such law being applied to a judge.

[etp777]

Cornutt covered it, to my knowledge.

[nucat78]

If a judge issues an order later determined to be illegal, and you are arrested based on that order, are you able to sue the judge?

I suspect not, but I'll ask my newly minted lawyer son.

[pruthe]

I've been following this thread and I guess at this point I have some mixed feelings about the non-compete agreement for teachers at dance studios. I live in a mid-sized city and would guess there are at least a dozen ballroom studios in the area. I would say they are all within a 25 mile radius of the city. The next big city is probably 60-100 miles away. My experience with chain schools (and independents) is they hire a lot of young people who would probably sign anything in order to have opportunity to teach dance and are not thinking much about any possible future consequences. (Kind of like the easy mortgages that we are hearing about lately that people sign and later regret doing so.) Anyway, maybe the young person works for a year and decides to move on for whatever reason. Then they find out they better not work for any other studio in a 25 mile area or they, or the potential receiving studio will be sued. The only studio that I've heard in our area that does this is part of chain previously identified. My studio doesn't do this. Now I can understand not allowing a former teacher to solicit previous students still at original studio. But to disallow that person from teaching dance unless they move completely out of the area doesn't seem right. Sure, the teacher may have received some training while at original studio, but I have my doubts that much of it was from a world class dancer. Probably more like from a video tape and some weekly training sessions from in-house teacher. And yes, people should understand what they are signing and obey the law. But I think sometimes people can easily be taken advantage of and it comes back to haunt them later.

[cornutt]

When I was ready to leave my job at Bell Labs, I invested in an hour of a laywer's time to get the straight answer to the question of pre-employment agreements. (In my case, it had to do with recouping of moving expenses -- I had relocated to take the job.) The attorney asked me when I had first seen the employment agreement. "When I showed up for my first day at work", I told him. I had actually tried to negotiate a couple of things in it, but the HR person had told me "You can't go to work until you sign that. Take it or leave it."

The lawyer told me not to worry about it. He said that, in order for a pre-employment agreement to have any chance of being enforceable (in NJ, at least), it has to be presented at the time the job offer is made, or sooner. If they wait until you show up for work, then in the court's view a "meeting of the minds" has not occurred and the agreement is not enforceable. I left the job and left NJ and never heard any more about it.

EDIT: I'll add that when I first got into engineering, it was still common in the field that you had to sign an employment agreement stating that if you left the company, no matter what the circumstances, you would not work anywhere else in your field for two years. I asked my dad about it, and he said that those agreements were widely regarded as a joke. The last time I heard of any company still requiring that kind of thing was around 1990.

[pruthe]

I also worked for Bell Labs and later Lucent (out of Bell Labs). I remember signing the agreement, but I wanted the job so bad, I signed it no questions. Took an early retirement and didn't have to worry about the agreement anymore.

[suburbaknght]

I can dig out my copy of the standard [Chain] employment agreement, but let me hit a few highlights:

- There is a promise to work for the studio for a period of one year from the day your training starts.
- There is a non-compete clause that starts two years after you leave and extends up to twenty-five miles or the same metropolitan area, whichever is greater.
- There is a prohibition against deliberately soliciting current or previous [Chain] students indefinitely.
- There is a promise for restitution up to the amount invested in your training if any of the above are violated.

When I accepted my position with [Chain] I had been warned by a lot of people about the dangers of working for them and so I was very careful to read the employment agreement in advance (they gave me a copy to take home during my initial interview). There was legalese, of course, and it probably took me about an hour to make my way completely through the two-page contract and feel like I understood everything, but nothing was obscured. I went into that job full-well knowing the costs, and now that I'm leaving I'm glad that I spent that time reviewing the contract beforehand. That man should have done the same.

I know Claudia and Zach and I know how much they care about their instructors; I can't imagine them trying to pull a fast one on, well, anyone. I also know several Arthur Murray Franchisees who have deliberately not enforced the non-compete clauses when former instructors began teaching within the Forbidden Zone as long as they did not solicit Arthur Murray students.

There's nothing wrong with wanting to teach dance. There's nothing wrong with wanting a better wage than most chains will pay you. But there is something wrong with trying to weasel your way out of the deals you make to be a teacher, then spitting in the face of the legal system that holds you to those deals.

[nucat78]

- There is a non-compete clause that starts two years after you leave and extends up to twenty-five miles or the same metropolitan area, whichever is greater.

:confused: As in Dallas-Ft Worth? That's a mighty big metro area as is Chicago, LA, NYC... I trust that's defined explicitly somewhere in the contract.

[pruthe]

I can dig out my copy of the standard [Chain] employment agreement, but let me hit a few highlights:

...

There's nothing wrong with wanting to teach dance. There's nothing wrong with wanting a better wage than most chains will pay you. But there is something wrong with trying to weasel your way out of the deals you make to be a teacher, then spitting in the face of the legal system that holds you to those deals.

I do not know about the specific situation you identified. It may well be justified. Its good that you were warned about agreement and researched out its implications. I do know about a situation with a studio in my area in which a young person and studio she got a job with was sued. I don't think she was soliciting prior students. It ultimately cost the studio thousands of dollars in legal costs and the young person left. That didn't seem right to me, but life sometimes isn't fair.

[nucat78]

If a judge issues an order later determined to be illegal, and you are arrested based on that order, are you able to sue the judge?

Atty #1 says:

You could sue for false arrest but the judge may have immunity and you would have to prove intentional or malicious conduct, which is usually very difficult to do. And practically speaking, I don't think there's any way in hell you'd get a fair trial. Juries are very police biased. Finally, keep in mind that the standard for probable cause to arrest or for a search warrant is pretty low.

I'll let you know what Atty #2 says as soon as they get back to me.

[Throwaway Overshare]

My experience with chain schools (and independents) is they hire a lot of young people who would probably sign anything in order to have opportunity to teach dance and are not thinking much about any possible future consequences. (Kind of like the easy mortgages that we are hearing about lately that people sign and later regret doing so.)

This is actually a good comparison. Both are arguably (in some people's view) cases where allowing two "adult" parties to agree to arbitrarily anything without restriction is not necessarily in the general "public interest". As we're learning with mortgages, letting people signed themselves into bad situations has a cost not just to those individuals but to society at large - the neighbors of the foreclosed property, the social support system, relatively innocent (401K, etc) investors at a distance, and ultimately even those who wrote the unreasonable contracts.

[samina]

Whether it's easy or not to change it, if you sign your name to that piece of paper, you've made a commitment. If it can't be changed and you can't live with it, move on. if you sign in, have the integrity to back up your name.

i'm of the same mind. i've walked away from good projects because the hiring party would not make something equitable in the contract. i've heard agencies say to me so many times, "well, everyone else signs it..." people enter into sloppy agreements every day...and then become disgruntled when "the other guy" tries to take advantage of the situation.

[Angel HI]

I've been following this thread and I guess at this point I have some mixed feelings about the non-compete agreement for teachers at dance studios.

Now I can understand not allowing a former teacher to solicit previous students still at original studio. But to disallow that person from teaching dance unless they move completely out of the area doesn't seem right.

It has been said before in this thread that the real issue here is that non-competes are non-sense. The departing person should not solicit students and/or abscond with trade secrets, but other than that...should be allowed to live heir lives. The problem with most law suits is the law...though, it has been tried since time began, one can not legislate morality.

[fascination]

excellent point angel...

[ChaChaMama]

I have no particularly educated opinion on dance studio no-compete contracts, though they seem unsavory to me. (As a consumer, I do not want any studio thinking of me as their property!)

I do, however, remember the following somewhat related incident from earlier in my career.

I got hired as a teaching assistant in grad school. I was at The University of California-Berkeley, which most people would consider to be one in the top 25 most liberal-left schools in the nation. So imagine my surprise when my contract included a LOYALTY OATH! I seem to recall that when I objected, I was told I could scribble a notation saying I didn't accept this provision and initial it, but that if I didn't sign the contract, I wouldn't get paid. As a grad student, I needed the money and the experience in order to move on to better opportunities down the road. So if I recall correctly, I put in my notation of objection, initialled, and signed.

Apparently this loyalty oath is still in place. I got this from Wikipedia's article on The University of California-Berkeley:

"During the McCarthy era (http://en.wikipedia.org/wiki/McCarthyism) in 1949, the Board of Regents (http://en.wikipedia.org/wiki/Regents_of_the_University_of_California) adopted an anti-communist (http://en.wikipedia.org/wiki/Communist) loyalty oath to be signed by all University of California employees. A number of faculty members objected to the oath requirement and were dismissed;[11] (http://en.wikipedia.org/wiki/UC_Berkeley#cite_note-10) ten years passed before they were reinstated with back pay.[12] (http://en.wikipedia.org/wiki/UC_Berkeley#cite_note-11) One of them, Edward C. Tolman (http://en.wikipedia.org/wiki/Edward_C._Tolman)—the noted comparative psychologist (http://en.wikipedia.org/wiki/Comparative_psychology)— has a building on campus named after him housing the departments of psychology and education. An oath to "support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic" is still required of all UC employees.[13] (http://en.wikipedia.org/wiki/UC_Berkeley#cite_note-12)[14] (http://en.wikipedia.org/wiki/UC_Berkeley#cite_note-13)"

I also remember that the state of California required one to be fingerprinted in order to get a driver's license. I did not like this idea. I have not committed a crime and I didn't think there was any clear and compelling need to gather this information from me. As far as I could tell, however, there was no way to opt out if you actually wanted a driver's license...and I needed a driver's license to help me prove that I actually lived in California so I could qualify for in-state tuition, a difference of tens of thousands of dollars.

Not saying this guy's case is comparable, but just that opting out isn't always easy.

[nucat78]

I had to get fingerprinted to apply for my securities broker license. Never understood that as virtually everything is done electronically now. What would they look for, my fingerprints on a laptop that a buy order came from?

(Actually, it was more for id-ing ppl who absconded with clients' money.)

[cornutt]

I have been fingerprinted more times than I can count. The whole damn world has my fingerprints. I'm lucky that my fingertips aren't permanantly stained.

[etp777]

Just once here, for my security clearance. well, twice, needed two cards. Well, that's only time I did full card anyway, now that I think about it done single finger several times on base, and with drivers licenses and stuff. And weird whole hand one on base too.

[Standarddancer]

Just wondering if this news article exposure will help this teacher get more students after he served his jail term? or vice versa? not great for his reputation, but might pique some local interest to take lessons from him? Guess he will probably have no choice but to relocate 25 miles away to comply with the non-compete clause?

[tanya_the_dancer]

Just wondering if this news article exposure will help this teacher get more students after he served his jail term? or vice versa? not great for his reputation, but might pique some local interest to take lessons from him? Guess he will probably have no choice but to relocate 25 miles away to comply with the non-compete clause?

This isn't great for the studio reputation either. Which is why I wonder why they went so far in the first place.

[cornutt]

Just once here, for my security clearance. well, twice, needed two cards. Well, that's only time I did full card anyway, now that I think about it done single finger several times on base, and with drivers licenses and stuff. And weird whole hand one on base too.

I've had that whole-hand one at least twice that I can think of. Both of them were for things having to do with NASA, which seems a bit odd. The standard thing these days is each finger twice, and then the four fingers of each hand, all together, twice. It's actually an interesting exercise in muscle isolation -- you have to maintain stiff fingers while letting your wrist go limp, so that they twist your wrist to roll the finger the way they like to do it. I always have a hard time with that bit.

[Larinda McRaven]

I sat in a cell once for failure to appear in court. It was actually a clerical error, when they did not record my payment for a speeding ticket and then as far as they were concerned I failed to show up in court to contest the ticket.

When I recieved the warrant I drove myself in to the station and plopped down with my cleared check in hand. Although I had to go through the whole process of being arrested and such the poor police man was so sorry for having to fingerprint me and set me in a cell. He actually gave me a private cell in the station instead of sending me across the street to the jailhouse. (for which I am eternally grateful!)

The whole fingerprinting process was interesting., He called it the five finger dance, and made some goofball joke about putting it on my resume. And yes, keeping the wrist pliable and the finger toned, while letting the body rock from side to side as they roll the finger was pretty difficult.

[quixotedlm]

I've never been to jail.

[samina]

I sat in a cell once for failure to appear in court. It was actually a clerical error, when they did not record my payment for a speeding ticket and then as far as they were concerned I failed to show up in court to contest the ticket.

When I recieved the warrant I drove myself in to the station and plopped down with my cleared check in hand. Although I had to go through the whole process of being arrested and such the poor police man was so sorry for having to fingerprint me and set me in a cell. He actually gave me a private cell in the station instead of sending me across the street to the jailhouse. (for which I am eternally grateful!)

The whole fingerprinting process was interesting., He called it the five finger dance, and made some goofball joke about putting it on my resume. And yes, keeping the wrist pliable and the finger toned, while letting the body rock from side to side as they roll the finger was pretty difficult.

huh...even tho you had the cleared check in hand, which you brought to them... they went ahead & arrested you anyway?

[Larinda McRaven]

They had to, it wasn't their decision to make. I had to sit and wait for a bail bondsman to pay a stupid amount of money before I could leave. The policemen at the station were so irritated and sorry for me. They were as nice as humanly possible.

Then I had to show up in court to argue my case, at which point another court date was set so the DMV/Court system could look up on their end where my money went, then I had to go back again, then the judge could throw it out. Whole process took at least a month and half, all the while technically I was driving on a suspended license until they could come to agreement that I really did pay the ticket the first time around.

That's bureaucrazy.

[samina]

yes, i do understand...

[Joe]

You should have gone to the court clerk who made the error, handcuffed yourself to him/her, then gone and submitted yourself for jailing. :)

[Throwaway Overshare]

It's a strange case but if it was illegal,then he has to pay

The legality of his teaching probably has not yet been determined by the full process that should apply to evaluating the validity of the contract that supposes to prevent it.

Instead, he's in jail for procedural reasons, specifically, making a judge angry.

[fascination]

one should never make a cop or a judge angry

[samina]

one should never make a cop or a judge angry

very.wise.words.

[dancerman]

I can't imagine the pickle his lawyer must be in right now... having to defend the client in court and in public, while probably reading him the riot act in private. It's got to be infuriating trying to represent a client who insists on sabotaging his own defense.
Why? They get paid by the hour.

[dancerman]

I sat in a cell once for failure to appear in court. It was actually a clerical error, when they did not record my payment for a speeding ticket and then as far as they were concerned I failed to show up in court to contest the ticket.

When I recieved the warrant I drove myself in to the station and plopped down with my cleared check in hand. Although I had to go through the whole process of being arrested and such the poor police man was so sorry for having to fingerprint me and set me in a cell. He actually gave me a private cell in the station instead of sending me across the street to the jailhouse. (for which I am eternally grateful!)

The whole fingerprinting process was interesting., He called it the five finger dance, and made some goofball joke about putting it on my resume. And yes, keeping the wrist pliable and the finger toned, while letting the body rock from side to side as they roll the finger was pretty difficult.

Any chance we'll get to see that on U-Tube?
(sorry, Larinda, I had to)

:roll:

[dancerman]

one should never make a cop or a judge angry
Especially in divorce court!!
Ka-ching Ka-Ching!

[Joe]

one should never make a cop or a judge angry
Yeah, innocent people could die.

[2totango]

Even if you get paid by the hour, it is particularly frustrating to spend time trying to build your case, prep your client, prepare for court, etc. and then have the client do or say whatever so they can "say their piece".
I had a client swear to me in my office that a certain man was the father of her child, then tell the judge in court that she was not with the man during the time the child could have been conceived. No big surprise that the judge found the man not to be the father, but the woman blamed me for not getting her child support.

[dancerman]

Even if you get paid by the hour, it is particularly frustrating to spend time trying to build your case, prep your client, prepare for court, etc. and then have the client do or say whatever so they can "say their piece".
I had a client swear to me in my office that a certain man was the father of her child, then tell the judge in court that she was not with the man during the time the child could have been conceived. No big surprise that the judge found the man not to be the father, but the woman blamed me for not getting her child support.

Point well taken, thank you. I for one didn't mean disrespect to lawyers, by the way. In fact they have saved my butt money more than once. Also shame on a client for not listening to representation she paid you to give her.

[3wishes]

Having read DF for awhile - this newsmaking article summons me to write - AM uses a boiler plate non-compete inclusive contract. Which does not take into account state by state business laws. Be aware. Many legal jurisdictions will look at several points in terms of a non-compete contract regardless of industry 1) is it reasonable? most importantly. 2) was the person a partner in the business and took "secrets" that no one else in the business knew about or shared with others? 3) did this person contact previous employer business customers solely for the purpose of bringing their business to the new employer/business? It seems - number 3 in Plano Texas was a bingo. However, it is perfectly legal to, if asked, to announce where you are now working (no further information than that). To market yourself (typically with AM chain franchise contracts - you cannot use the AM name associated with any of your marketing for two years). Now, is the 25 miles limitation reasonable? In many states it is not. Considering historical legal cases - the economic times of our day, housing, etc etc. Even in 1952 - the dance instructor who waltzed his way across the street - to teach dance independently was not seen as a "threat" to the AM studio that he left. It is interesting to note - as well - that California does not and has not ever recognized a business non-compete contract - unless there was an actual business partnership involved and trade secrets. Not owner/employee relationship or sorts.
And currently, the state of Georgia is reviewing it's non-compete legal issues on contracts as the courts are leaning toward "reasonable" vs "threat" for business contracts. This Plano Texas, independent dance instructor is getting a ton of free marketing and media- that he does not have to pay for as a result- although the court has imposed a sentence.