Episode Transcript
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(00:00):
This is handle on the law,marginal legal advice where I tell you you
have absolutely no case. Now,there has been a lot of controversy regarding
police and police enforcement, as youknow. Particularly we're talking about excessive police
force after George, the death ofGeorge Floyd, the murder of George Floyd,
(00:24):
and other police incidents around the country, to the point where I have,
for the most part, said you'recrazy to be a cop. It's
too dangerous a job. I rememberwatching an interview just a few weeks ago
where a police officer was being interviewedand he goes someone with a gun.
I've got two choices. I caneither shoot them and go to prison no
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matter what, or I can beshot and my family will never see me
again. Those are the choices Ihave as a cop encountering someone who is
armed, and that's pretty scary stuff. Well, it's pretty scary stuff to
be a police officer. Okay,With that being said, a movement to
number one, dismantle the police department. That's kind of crazy, But defund
the police departments that is actually happening. Defunding the police department simply means you
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give them less money. If acity has one hundred million dollar budget.
Let's give him eighty billion dollars insteadnext year, which means we're not going
to hire police officers after those thatretire are left those that retire or leave
voluntarily or put on disability, andso that leaves a shortage of police officers.
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Here in Los Angeles, we wereshort about a thousand police officers out
of ten thousand is what about theproper number is. So now it's come
up to I think still short,still short of police officers needed. And
that's across the country. So whatare cities doing. Well, here's the
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argument. Don't bring back more policeofficers. Have social workers go out and
do with what police officers normally do, and that is, for example,
drunk driving or you've got mental illnessreports, people that are acting erratically,
and you send out social workers andthey're going to help until my guests,
a few social workers get shot andkilled, and all of a sudden that
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changes. But until then, rightnow, social workers, we're gonna go
out there. You don't need thecops for those kinds of incidents. So
in LA here's what they did.Three years ago. The city Transportation Department
issued or started a report which isnow being released, and it has to
do with enforcement of traffic enforcement.Usually in my cops they stop you for
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tickets, blowing through red lights,that sort of thing. Well, the
this civilian organization, this report comingout from the study, it was an
outside firm said, you know what, we don't have the top the cops
go out there. No, wedo two things. Number one, you
don't have cops. You have civilianworkers. Now we're not talking about social
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workers in this case. We're nottalking about we're just talking about straight out
what cops do, traffic enforcements.So now you have meter maids. Someone
blows through a red light, metermaids, not a cop. Someone comes
to a rolling stop or it's calledCalifornia stop, but goes through a red
light, or goes through a stopsign. It's civilians and not cops that
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are doing it. Okay, fairenough if you believe in this. Now
they've also coupled it with infrastructure,self enforcing infrastructure, make narrower streets,
put in dedicated bike lanes, clearlymarked pedestrian crosswalks. Those traffic humps,
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what do they call those things?Traffic bumps? Speed bumps? Yeah,
I hate those. But everybody elsedoes sures you down. If you're going
to fifty miles an hour in aresidential and you hit a speed bump,
your head's hitting the sea the roofof your car. So what they're saying
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is get rid of cops. Andby the way, this is only one
of the let's get a get ridof cops movement because this is traffic violations.
Others are straight out send social workers. Uh, send negotiators for example,
who are not police officers. Imean, it gets crazy. Andy,
welcome to the modern world. Okay, let's go ahead and take some
phone calls. Why not? Uh? How about Marcus? Hello, Marcus,
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welcome? Yes, go ahead,Marcus. Yeah, no, no,
this isn't working Marcus. Now nownow you're talking in a tunnel with
a speaker box. Do you wantto try it again? I know,
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but okay, so my I puthim on hold. I put him on
hold, so we don't go Melanie, Hello, Melanie, than taking my
call? Sure, I have acouple of questions. A couple of years
ago, we bought a house thathad been redone two years previously, but
it wasn't to our liking, sowe hired a contractor that was highly recommended
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by a friend who was highly respected, and I saw her house. We
hired him as a general contractor becausemy husband was very ill and I kind
of left left things with him.Well, longer story short, I thankfully
had taken a picture of the showerswhile they were being built, and I
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was not familiar with contractor material.It was supposed to be laughing concrete,
and he ended up using hardybacker boardAnd after he left, well, first
he brought in other contractors. Onehad a suspended license. The other ones
would not cooperate with the board,so I don't even know who they were.
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I had a plumber here that wasnot the one that the contractor had
hired, and I asked where washe from, thinking I would get the
name of a company, and hesaid Guatemala barely spoke English, so all
my plumbing had to be redone.I did win in arbitration on that,
so that was settled. The cabinetguy that he brought in turned out had
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a suspended license, and the moneythat I had to pay the contractor up
front, which I now know wasnot correct, he kept some of it
and the cabinet guy never got theirmoney all right, So what's your question?
Okay, my question is I wonwith the contractor Board for all his
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different violations of no workers comp etc. Etc. He also had to pay
me for the showers to be redonebecause they were not the correct material.
What's your question. However, hewent, he appealed, it went to
the attorney general. The attorney general, we were going to have a hearing.
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Instead I received a letter from fromthe Contractor Board and he had paid
all the fines and they negated myclaim saying that hardy backer board costs the
same as laughing concrete. So thebonding company can't pay out. So I'm
going to have you take them tocourt. Right, But have you ever
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heard of this happening? The contractorboard just changing their kind. Yeah,
I want to make a point here. Thank you for saying to make a
long story short, which you actuallyhave to say is to make a long
story longer, you've got to behonest. Yes, the contractor's license board
can turn around or the Attorney generalcan turn around the last appeals. I
was once involved in a case ofjust starting out as a lawyer, and
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I was shadowing a lawyer, andthat's exactly what happened. Is it went
the other way doesn't mean that youcan't take him a court. Now his
defense is going to be I itwas reversed, but it doesn't matter.
It's it's going to help him.But that but that's not the definitive.
If you bring in license and yourargument, it doesn't matter if hardy board
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costs as much as it's not thesame. I mean, the cost of
something doesn't really matter. Is itthe appropriate material? And that is the
argument. So, I mean theanswer your question really is does the ag
have the ability or overturned of whatcontractor's board says? Yeah, yeah,
they really do. Amanda your turn. Hello, Amanda, welcome. Hi
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there, this is Amanda Hill.Yes, it is all right. Here's
the situation. My family was allexcited about I'm to go on a vacation
after the whole pandemic thing. Sowe booked a flight before of us to
go to Hawaii. Then zoom,yeah, and what happened was my husband
had an emergency eye surgery a coupleweeks ago and now of not medically allowed
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to fly for fear of leaving losinghis eyesight, yeah, for the next
three months. So we get thisnice little doctor's note saying that can't fly,
the family can't fly, blah blahblah. And I was told to,
you know, get canceled my tickets, and so I did that and
it called and cancel and I said, oh, we need three hundred dollars
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per person to cancel your tickets foreach family member. Way whatever. I'm
a little confused. So you cancelyour ticket, you didn't go, and
they want to charge you three hundreddollars for not going. We want to
charge each family member, which isfour of us three hundred dollars per tickets
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per round Round fifth tickets to cancelour tickets. So we kept on the
line and they wait a minute,wait, wait, wait, that doesn't
make any sense. You are youpaid for the tickets. Yeah, and
they're saying, if you don't usethem, we're going to charge you another
three hundred dollars not to use yourticket. Is that right? Yes?
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Wow, I've never heard of that. No, no, no, we're
not going to do that. Andthen we talked with the higher up person
on the plant, Zach, aren'tyou let me ask you a question?
Let me, yeah, let meask you a question. Aren't they charging
you to transfer the ticket? Orto fly in another flight, or they
simply charging you to not go.So if I buy a ticket, if
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if I go, if I buya ticket and I don't use it and
I lose all my money, okay, because I'm not using the ticket,
they're charging me more money to notuse the ticket. They're saying, yes,
they're saying that if I don't cancelthe ticket, they said I can't,
I said I can't go. Well, yeah, if I understand that,
But where's the three hundred dollars thatthey're charging you for not going?
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That's what they said, they cancelthe ticket, you need to charge tickets
we're not going to then just don'tpay it. Then just don't then just
don't pay it. Then just don'tpay it. That's crazy. How can
anybody that's insane? Let me thinkabout that. You know, you go
to the movie. Okay, yougo to the movie. Hang on a
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minute. You go to the moviesand you spend fifteen bucks per ticket and
you don't show up. You decidenot to go to the movie. Okay,
so you lose your ticket. Iunderstand, But then they charge you
ten dollars more because you didn't go. Do I have that right right,
they said that I would keep myticket. Ah, you didn't say that,
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did you. You didn't say that, did you? Here, Yeah,
it's great you left all that out. See I actually knew that,
but I just wandered your tagger forit because you got to ask the appropriate
question. I mean, that's justinsane, and there was a good answer
I had, But you know,I'm just not going to deal with what
they're gonna charge you for not usingit. Yes, that's correct, Yes
they are. You go to themovies and you don't show up, we're
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going to charge you another ten dollarsor not showing up. Is that correct?
Yes, that's what they did.Okay, where I go with that?
Joan? Hello, Joan, welcome, Hi, thank you. I
have a short two part question.Yeah, hang on, Joan, hang
on a minute. I got tocall him down. Okay, I've got
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you know, because that last calldrove be completely crazy. Ten nine eight
seven six five four. Okay,go ahead. How can I help you?
Yeah, I'm opening a consignment shopin a small tourist town and I'm
just shouldn't be too concerned, butI kind of am about two things.
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Was I'm wondering what could happen.I'm planning on getting an idea picture of
a driver's license win somebody can signsomething. But I'm wondering, one,
what would happen if I'm selling somethingthat turns out to be stolen? And
number two, what are my obligationsto the people giving me merchandise if I'm
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selling something for them and it's shoplifted? Oh, it's very young. Those
are very good questions. Actually,you know that that is actually an excellent
question. Okay, Well, thefirst thing you do on the shoplifting part
is they take the risk. Okay, you say, here's a security that
we are using and in the eventthat something is shoplisted, and we've taken
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reasonable steps for security, and youestablish what those steps are. You have
a video camera, you have youknow whatever, you put up there and
say you're taking the risk. Okay, so that that handles that. Does
that mean they're not going to sueyou? You know everybody sues everybody,
But that is a terrific defense.Now, now the first one refresh my
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memory, because when you give metwo of anything, I immediately forget the
first one. Yeah, I kindof think I'm not gonna have to worry
about the second one. But ifI'm taking merchandise from people and people are
giving me stolen property, yeah,stolen property. Well, A couple of
things you can do is you're abona fide consignment dealer, so you can
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have them, for example, signan affidavid this is not stolen. This
is what I own and where hegot it. And that that I think
is enough to protect yourself because youdon't have a duty to go through and
here's a piece of jewelry and thengo track it down for the last fifteen
especially if it's an antique piece ofjewelry, go through the last fifteen owners.
I mean, how do you dothat? So I think I think
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you're okay if you do that.And it could be that the police ask
for the money back from the originalowner, even though you're a bona fide,
but I think that's your risk.I do not believe that you are
in any criminal any criminal just there'sa criminal you at all, any criminal
liability. So um, that's whatI would do. I think you're okay.
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I would also try to I wouldalso check with the local authorities.
Is this a little tourist town you'regoing into, Yeah, it's kind of
may very our fea type, Yeah, near near the water. Yeah,
sharks. No, it's a northernMichigan. Oh no, sharks, Northern
Michigan. No, just giant eels. Oh that's great, I feel better.
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That's very strong. Lynn. Hello, Lynn, welcome to hand all
on the law. Yes, ma'am, thank you. Listen Bill. I
painted my house about a year anda half ago, a dark blue with
white trim, and I submitted itto my association and I waited and got
approval. So then I got aletter that said that they did. I
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also painted the house and the stuccowalls that are halfway by the house.
This is my fourth time to paintthe house. It's my fourth time to
submit, and I've always painted thestucco walls the same color as the house.
I got a letter saying that Icouldn't have the walls painted the same
color, that they either had tobe painted white or the original color of
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cement gray. The original color wasblue, then the house was green,
then the house was tan. Thewalls had always matched. I called the
association management and the guy said,no, you were submitted. Because I
was supposed to go to the meetingto appeal. He goes, no,
you were submitted, don't worry aboutI'll take care of it. So I
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never heard from them. So thenI got another letter that said I was
declined. So I appealed again.I sent pictures of the colors of my
house. I didn't have the veryfirst time in the house, but the
other two times after that that thewalls have always been the same, and
they declined it. So then Iasked to go to the association meeting.
They had a meeting. I called, and the girl said the meeting might
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not force because there might not bea quorum. So she said, I'll
let you know. I never heardfrom her. I guessed the meeting went
forth, I got declined again.I don't want to have to paint these
stucco walls again. They've always beenthe same color as my house, and
I wonder if they decline me again, can I do I have a case
if I take them to Small ClaimsCORD. Now, small claims is not
the place to go because small Claimscord all it does give you money,
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and you know, so that's notgoing to help. The issue is still
going to be can you paint thewalls? And man, you got a
lot of issues going through this becauseyou have, first of all, I
think you're going to have a lotof denials on the other side that you
were told, don't worry about it, I'll take care of it. We'll
tell you when the meeting. Isall of that verbally, none of that
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matters, by the way, becausethey're always going to deny it. So
it's everything it's in writing. Sonow you have to look at you've submitted
a whole bunch of times and theylet you paint. I'm assuming any color
you wanted. Do I have thatright over the last four or five years,
Well, after you submit, theyapproved bitch. Okay, so they've
approved all right, So they've approvedit every time. Well, now you
have to find out why they didn'tapprove it. If you've done basically what
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you always did, then is itan arbitrary is an arbit Is it an
arbitrary decision to disapprove? I don'tknow the answer to that. It depends
on the CCNRS. But I haveto tell you HOA boards have immense power
under the CCNRS because they they canmake any reasonable decision as long as they
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treat everybody the same. If theytreat everybody the same, and you don't
like the way they do it,get a new board. So it's yeah,
all you can do is keep onappealion and they tell you to move
it. You don't, they startthrowing fines at you. So what's the
big deal? Like you, whyhave you painted? Why have you painted
your house the steckle fifteen times inthe last two weeks? Why would you
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do that? I have not no, I know, but you've painted it
a lot. Yeah, yeah,I mean it's just I mean, who
does that? Would you like justdifferent colors all the time. No,
yeah, that's just a it's nota legal question. I'm just curious as
to why you do that. Imean, I've I built a house twenty
two years ago. I've painted thestucco once once. Uh okay, okay,
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well four different colors, so Ipainted. I painted it once and
it guess what, it's the samecolor. But that's besides the point.
I mean, I'm not telling youwhat to not to paint. But you
know that those were the answers,and you know it's up in the air,
and that you're going on an uphillbattle on that one. Uh Noble,
Hello, is that Nobel or noble. It's noble. Okay, noble
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have a I have a no pittpolicy, and uh, I have a
tenant that's been with me for overthree years, and all of a sudden
she wants a pet. I totallyit's in the least no pet. She
goes to a doctor and the doctortells her to tell me that it's an
emotional animal. My question is ifshe brings can I give her? Yeah?
I think you can, because here'sthe argument, noble. Everybody has
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an emotional support pet, and peoplejust got tired of it. The airlines,
I mean people were bringing in ferretsand pigs and there was one case
of an emotional support peacock. Imean just insane. Uh So now all
they'll do is let service animals aboardairlines. Interestingly enough, you can have
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a dog and a Shetland pony.They'll let you have ponies. I mean,
go figure that one out. Thepoint is is that you're going to
uh say no, that's a croc. They're going to come in. Now.
Can they go to a psychologist andsay they need an emotional support pet?
Yeah? Maybe? But where wheredo you live? What city do
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you live in? Diego? Imean San diego. Okay, I don't
think there's rank control there um no, there's no rink control. Yeah.
Yeah, And I think it dependson the judge. I think it depends
on where you live. But ifI had to guess, I'd say,
if I'm the judge, all right, or I'm sitting on the jury,
if they're crazy enough to go tojury trial, I would say, come
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on, everybody has an emotional supportsomething, you know. It just doesn't
make any sense anymore. And nowa lot of places, a lot of
places want true blue service animals.I mean the nobs service animals, you
know, the ones that are trainedlike seeing eye dogs, like seeing eye
chickens. I don't know if you'veever seen. Those are very expensive.
Yeah, I used to have chickens. Yeah, well there you are.
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He goes to tell you where youare. Anyway, that's your answer.
I talked about seeing eye chickens becauseyeah, I used to have chickens.
I should said, are you blind? Did they help you? Why not?
How are we doing? Here?We go? Howard, Hi,
Howard morning, mister handle Yes,sir um, I wanted to say to
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tell you the end of a storythat I told you in twenty fifteen.
Yeah, so do I. Butanyway, it didn't work out real good
for me in the long run.Okay, So quickly, we only have
we only have a couple of minutes, So recap the story, Howard,
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and then tell me where you're goingnow with it. Okay. And on
August twenty seven, twenty fifteen,at one in the morning, Um,
I was separated at the time andlived in a really nice house. My
now ex wife kicked open my bedroomdoor, armed with my six hour forty
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caliber handgun and pulled the trigger andmyth wow, and the gun went off.
Yeah, who you betcha? Okay? And Um, prior to that,
I had no health issues, andI used to work in narcotics.
I was a cop for thirty years. And that scared the Oh yeah,
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yeah, I saw the flame comeout of the barrel. Yeah. So
fast forward, Um, the districtAttorney's office goes how or don't worry,
don't worry. We have three yearsin which the file. The felony played
a long game, played a longgame. So two years goes by and
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three years goes by, and theynever file and they would never have been
to the office. Well, um, we don't know. Quote the police
reports were so bad we couldn't fixthem. So me meanwhile, Um,
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that incident caused me to go intoa five. So now because I was
an eighth fifth, now I've graduatedto congestive heart failure because of that incident.
I tried to do her civilly,and the civil attorneys lied to me
and said, oh, you know, I won't cost you anything and we'll
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get you your half of retirement back. Yeah, which I lost because of
the incident. Halls though, Sobasically I'm paying her thirty eight hundred a
month for the rest of my lifeafter trying to gun be damn yes,
and I'm still fissed, of courseyou are. So what's your question now,
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because I only have a minute,I question is is there any way
after the Statute of Limitations that Icould go after her and try to get
my No. No, the statuteis gone and you can only do it
at the time you do it,and just just try to connect all the
dots. Uh. And it's thisis not easy to do because there's a
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whole issue of causality, and thatis Uh, she shot at me.
I went into a fib from afib. I wanted to congestive congestive heart
disease. Uh, and I lostthis. There's there's a lot of connection
that's not being made here, butwith the statute it is. Unfortunately it's
over with the statute. Yeah,it's a heartbreaker. Maybe wrong choice of
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women to Mary. Uh, justthinking, you know, I don't get
too many of those, you know, by the way, Misty, I
know mistis are screener. I justyou know, no more calls from X
cops whose wife shoot them and youget a FIB and then go into heart
disease. I'm tired of those calls. Okay, Albert, welcome to the
program. Hello Albert. Yeah,hi Bill. I received a letter from
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my attorney from a personal injury casethat uh uh I retained and I don't
agree with the charges on the disbursement, and it's been I haven't signed off
on it. Are you seeing thisin January? So it's still um all
right, so you haven't signed off? Okay, I get it. No,
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No, Albert, you haven't signedoff, which means the attorney has
not gotten his money yet, rightthe attorney is they have? Yeah,
the case is received was the case? Okay, I'm sorry you haven't you
accepted a settlement, but you're justunhappy with what the attorney is charging for
his share? Correct? Correct?Okay? And you asked for a full
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accounting correct yes, okay. AndI'm assuming it was a contingency relationship contingency
arrangement. Is that correct? Right? All right? Yea? So are
you are you? Are you atall questioning the percentage that the attorney got.
Let's start with that percentage? Soextra charges for okay? So let
(27:03):
me hold on. Do I understandthat? No? I get it,
But let me go back to uh, the percentage most lawyers charge thirty three
percent or thirty five and if itgoes to trial, forty percent. He
took the appropriate percentage? Is thatcorrect? He meant he took that the
most amount of the percentage because thecase the case too long ca All right,
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so but he but he met buthe met the terms of the percentage
arrangement. I'll assume that. Soyour issue with just is just is just
what he charged excessive charges? Whatdo you think he charged too much for?
For fees? What fees? Fees? Fees? Fees? Wait a
sec hold on, So you thinkhe took too much of a percentage?
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Yes, Okay. What was thecontract? Okay, hang on a minute.
I'm gonna go for the percentage becausethat's the big one. What what
did he say he would charge?What is the contract say that he is
charging thirty three? Okay? Andhe charged more than thirty three? Yes,
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okay. Does it say anything aboutif it goes to trial or if
it goes beyond a certain point hegets more percentage or just a flat thirty
three no matter what, whether hesettles it, whether he goes beyond certain
amount of time, like if it'sit takes longer dancers, okay, all
right, and it did take longer, yes, but they dragged it on.
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Ah, okay, so you're gonnaokay, so you're complaining about that
that they purposely dragged it out,so you so he could take more of
a percentage. Now here's your problem, Albert. How do you know they
dragged it out? Was it theother side that was delaying it? Do
you have any idea? Yes?And no, I was being treated number
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one and the case wasn't being settled. Okay, I no, I understand
that. But sometimes negotiations take alot longer. Sometimes they don't. By
the way, I'm not disagreeing withyou. Don't don't misunderstand me. I'm
trying. I'm not trying to ripapart your case. What I'm trying to
do is show that here are thedefenses he has. You say, Okay,
you charge me too much, Youdragged out the case. You spent
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too much on fees. You knowyou sent for copying, and therefore you
know it should be ten cents andyou're charging fifty cents a page. You
know all of that. I understand. So have you have you asked?
First of all, you asked forthe file? Have you asked for the
file? No, okay, askedfor the file because you got to find
out why it was delayed. Becauseif the other side keeps on asking for
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continuances or goes into court and askfor a continuance, and the judge grant
said, it's not his fault.On the other hand, if he keeps
on asking for all these continuances,it is his fault. That's why you
need the file. You have tolook at all of the paperwork. You
also need all the charges. Soit's not that easy, but you I
have to go through it. Let'sgo the other way. How big was
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a settlement? Albert twenty five twentyfive thousand. How much did he take?
Uh? Seven thousand, five hundred, okay, twenty five all right,
so you're talking what thirty five percent? Thirty six percent is what it
costs you over that it took seventhousand, five hundred plus one thousand,
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all right, so it's well theexpenses, but what is each? Well,
you know, anyway, you haveto look at the entire file.
I don't want to go through allthe rest of it. But you just
can't say he charged too much withoutreally going crazy. Uh, Mary him,
Mary, welcome to handle on thelaw. Hi. Yeah, I
(30:48):
had open heart surgery in September andthen um, it didn't go well.
I still had leek each, butthey said not as much. You can
go home. I've been presented withhemolytic anemia. UM. Every time I
would call the surgeon, they kepttelling me it has nothing to do with
the surgery. Um. I gotweaker and weaker. All right, Yeah,
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you don't have to go. Youdon't have to go to the rest
of it. There's enough there andwe're running out of time. All right,
So I'm assuming you've gone to anotherphysician, correct, another cardiologist.
I did go and what do theysay, and what do they say?
They said, I needed to havea second open heart surgery, and this
time they couldn't repair the valve.I needed a new vel placed the valve.
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Okay, now, didn't now withthe second surgeon say that your problems
were as a result of what thefirst surgeon did. Yes, they did
an echo cardiogram and my first surgeryit was only sewn in ninety percent of
the way either, which is broke. All right, Okay, okay,
you've given me enough. Uh,that's enough. If you have the second
(31:56):
surgeon who has said, at thisadditional surgery, her issues are because of
the malpractice to the first surgeon,you got a good malpractice case on your
hands, but you have to havea daughter doctor certify it. Do you
have a malpractice attorney yet? No? I don't. Yes, you sure
(32:17):
sound like it to me. Goto handle on the law dot Com and
talk to the people there and say, I talked to Bill and he said
I might have a good malpractice attorney. I might have a good malpractice case.
I would do that because it soundspretty good based on what you say.
Okay, okay, give it ashot and don't die. Before you
go there, Otherwise you know you'rethrowing away a good case. This is
(32:39):
handle on the law.