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- Chemdat Yamim
- P'ninat Mishpat
Case: The plaintiff (=pl) is a lawyer (/owner of a law firm) who represented the defendant (=def), a wealthy businessman (/businesses he owned) in many matters, including several multi-million-shekel (attempted) purchases. Def paid pl more than 1.6 million shekels over 4 years, but pl claims that he is still owed more than 2 million shekels.
Issue #2: In several of the cases that pl handled, there was no prior agreement (or pl did not succeed to prove that there was) of the rate of payment due to pl. Pl claims that it should be according pl’s normal per-hour fee. Def objects to the system and the high rate that pl claims is standard.
P'ninat Mishpat (832)
Various Rabbis
379 - Preventing Unfair Rent Hikes – part II
380 - The Lawyer’s Rights to Full Fees from Reluctant Client – part II
381 - Lawyer’s Rights to Full Fees from Reluctant Client – part IV
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Other matters in which there were prior agreements between pland def can be telling regarding cases where there no agreement. The Rama (CM 333:8) says that if someone worked for a year at a certain price and then continued without stipulating a price, we assume it is at the same price. Admittedly, we are discussing new cases and not a continuation, and we see that there were different agreements in different cases. However, we can still use the past to help figure out the range of possible rates, within which we should pick the lowest. Furthermore, in certain fields, including law, it is common for a firm to have standard rates (as pl claims to have), in which case, if the client wants a lower rate, he should negotiate for it. Finally, when determining the range of rates, one has to consider the quality of the firm involved (see parallel idea in Shulchan Aruch, CM 332:1), and def agreed that plis in the top-tier of law firms. Thus, def cannot pay pl like a low or middle-level lawyer.
Since it is not possible to determine in every case what the two sides would have agreed to, the most feasible manner of estimation is by hour. However, it is clear that the rates quoted are pl’s full rates, and there is no question that pl often offered def lower rates based on their ongoing relationship. We also consider that the responsibility for setting the rates was on pl. Therefore, based on peshara hakerova ladin, we determine that when there is no other indication, pl is entitled to 60% of the full rate, according to the hours that they claim (discussed last week).
Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
Lessons
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
