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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 (829)
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: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
