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Case: The plaintiff (=pl) is a law office that provided extensive legal services to the defendant (=def). Pl sent an agreement to def, which states that the payment rate per hour of various lawyers would be as accepted in the firm, with a 25% discount; pl was to bill def on a quarterly basis. Def wrote back that because he wants success, he demands that Adv. N will supervise all the work done. Pl sent def a bill for 72,978 shekels for a period of four months. Then, a meeting took place between def and N, about which each had different recollections. Def claims that it was agreed that he would pay 50,000 shekels immediately and another 50,000 shekels if he would win the litigation (he lost). N denies that he agreed to any change in the payments. Subsequently, pl continued to work, and they sent, 8 months later, a bill for 207,189 shekels. Def claims that the agreement was not valid because he was not told the rate of each lawyer, he was out of the country when it was claimed he signed it, and it was changed afterward. Additionally, because pl did not bill monthly and because N did not handle everything, there was a breach of contract.
P'ninat Mishpat (829)
Various Rabbis
479 - Turning to the Municiplaity to Stop Renovations
480 - Payment to a Lawyer when Agreement is in Dispute - part I
481 - Payment to a Lawyer when Agreement is in Dispute - part II
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Pl claimed that advocate S told def the price for each lawyer, which def denies. Actually, the agreement is binding in any case, as the agreement refers to a pricing table, and had def asked to see it, there is no reason to think he would not have received it. If he decided not to ask, he accepted the rates, which are within the norm of large firms.
Pl's claim that he only has to pay for a successful outcome is not supported by the documentation. Pl's letter states that because he wants success, he wants N involved, but that implies that ultimate success in the case is not a condition. Regarding the claim that N had to work the case, in fact N was involved and supervised, which is all the agreement requires. All indications are that this case was handled like those in many large law firms - a senior lawyer oversees a staff of younger lawyers, who do most of the "leg-work." Therefore, the level of N's involvement is not grounds for breach of contract.
Regarding the claim that the engagement terms were changed, the burden of proof is on def that a change was made. The witnesses he brought were all based on hearsay, i.e., they reported how def reacted to the meeting, not what N had said. The fact that pl did not bill until later does "raise eyebrows," and we will discuss consequences of that below [next week's issue]. However, this does not prove that there was a new agreement that there was no longer what to charge until the case was over and won.
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
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Ein Aya Various Universal Stages of the Geula Process
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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
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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.
