Re: Ohalete sueing Portis
 

When you say "U", are you referring to Iowa?

Re: Ohalete sueing Portis
 

Arent legal binding contracts supposed to have been drawn up by an attorney in the state they both resided in?

Re: Ohalete sueing Portis
 

[QUOTE=Monksdown]Arent legal binding contracts supposed to have been drawn up by an attorney in the state they both resided in?[/QUOTE]

No, legal agreements are usually negotiated by two different attorneys. It is a conflict of interest to represent two different parties to a transaction. Moreover, the attorney need not be based out of a state the two parties reside in; the attorney [I]should [/I] only be licensed to practice in the state in which the agreement can be enforced. In fact, you don't even need an attorney licensed anywhere to draw up an agreement - individuals with no legal experience do it all the time. I've drawn up a Living Will for a man living in New York State and I'm not even an attorney.

It's painful, but nice to have all of these legal questions arise - it's rare that I get a chance to discuss the law other than with people who know a lot about and can argue with me about my impressions/understanding of the law.

Re: Ohalete sueing Portis
 

Only one U, and it ain't in Iowa! (Ask Skins n' canes about it. Wonder what his take on all this is???)

A legal contract can be a verbal agreement, a handshake, lots of things. It does not have to involve lawyers and complex documents--though that keeps lawyers in business.

Re: Ohalete sueing Portis
 

[QUOTE=JWsleep] A legal contract can be a verbal agreement, a handshake, lots of things. It does not have to involve lawyers and complex documents--though that keeps lawyers in business.[/QUOTE]

And I'm damn happy about that!

Yeah a legal "contract" can be little more than a handshake - however handshakes are hard to enforce as legal contracts. You usually have to allege "promissory estoppel" if you want a court to find a legally binding contract that is not written down, signed by the parties, notarized, etc. I'll save the Warpath lesson on "promissory estoppel" for another day.

Re: Ohalete sueing Portis
 

[QUOTE=Ramseyfan]We don't really know what Iffy was entitled to since we don't know the precise wording of the contract and whether or not Portis' obligation to Ohalete existed after Iffy was cut. Ohh well, it's done.[/QUOTE]

smoot presided over the thing and said that portis promised the money and nothing was ever said about ohalete staying on the team, so he thought portis owed the money.

[QUOTE=monksdown][size=1]Arent legal binding contracts supposed to have been drawn up by an attorney in the state they both resided in?[/size][/QUOTE]

no, informal agreements are good enough in most cases (if they're written down and signed)... in this case i believe it was and smoot was also present (he observed the deal being made and its details, as well as seeing the two parties agree to it). Even if it wasn't written down, an objective witness would probably be enough for a court here.

Re: Ohalete sueing Portis
 

[QUOTE=Ramseyfan]individuals with no legal experience do it all the time. I've drawn up a Living Will for a man living in New York State and I'm not even an attorney.[/QUOTE]

Careful now, don't go admitting to engaging in the authorized practice of law. ;)

Re: Ohalete sueing Portis
 

[QUOTE=JWsleep]A legal contract can be a verbal agreement, a handshake, lots of things. It does not have to involve lawyers and complex documents--though that keeps lawyers in business.[/QUOTE]

Yes and no. Certain agreements have to be in writing to be enforceable. For example, contracts for the purchase of land. Also, it depends on each individual state. Most states have what's called a "statue of frauds" that will find verbal agreements unenforceable if they fall within the statute (for example, some states require any contract for the sale of goods in excess of $500 to be in writing.......others, like Pennsylvania, do not).