Legal Corner

Seeking Family Law Attorney for Barter
alygirl10 10444 reads
posted


I am seeking a Family Law Attorney who would be interested in Bartering services. The case at hand is regarding child custody. I would appreciate any assistance in this matter.

Alygirl10,

Sorry, but offers of barter are not allowed here.  Some legal thing.

Thank you,
Girl Next Door
Moderator

... his bar ticket.  Unless what Alygirl has in mind is yardwork,cleaning the garage, etc.  (LOL.)  In that case, eBay's probably the place.

sidone10377 reads

The policy makes a lot of sense, since the site might otherwise be charged with various crimes.  But just saying "You can't do that here" doesn't change the fact that the message is still viewable.  I think removing the message is a more sensible way to proceed, especially because the current response is inconsistent with what TER has done by leaving the message in place.

junior4577478 reads

I'm sure Alygirl was just offering to barter her time with an attorney. I mean nothing else is promised or assumed, right?

... swallow any story about "just trading time for time," and an attorney will know this.  Nobody barters time without some sort of indication of services.

sidone8239 reads

The reason TER shouldn't post offers like this has nothing to do with whether a lawyer who accepts the offer will get into trouble.  TER's problem is that the message is a solicitation for prostitution, and TER could be criminally liable if it doesn't remove the post.  The law in this area isn't clear and I think TER would beat the charges, but the fight would be expensive and aggravating, not to mention the embarassment it would cause for many people.

GND was right to say that TER can get in trouble for having this type of message on the board, but the solution is to remove the message and not to just add another one underneath it saying why it shouldn't be here.  GND's post did nothing to address the real problem, which is why I posted my earlier message.

And I just have to ask: will the local bar association be the only one who isn't going to swallow?

So somebody posting an ad on their regional board, saying they are available, XXX$/hour, call me/mail me...that isn't a solicitation for prostitution that TER would be liable for?

Normally I agree with your legal views, but I may have to disagree on this one.  If you are going to remove this post because of solicitation reasons, then ALL those posts need to go to!

sidone7929 reads

I didn't say that TER would be criminally responsible for such a post.  In fact, I said that I thought it could beat such a charge in court.  Having given more thought to the issue, I don't think it is even plausible that TER would lose such a case.  But it is plausible that prosecutors would give it a try. The risks I pointed out were just the costs (financial and otherwise) of fighting such a battle.  Surely we both agree that winning a criminal case is much worse than not being charged in the first place.

The rule against posting solicitations is TER's and doesn't necessarily reflect the state of the law.  I agree with you that if this really is the policy than all the other ads have to go too.

After typing the previous text I re-read GND's message and I see she says TER doesn't allow barter ads, not that it doesn't allow messages which promote a girl's services.  I'm not sure why an ad suggesting barter is worse than an ad suggesting payment, but it looks like that is what TER is actually trying to keep off the boards.

But even if I misunderstood the policy, the fact remains that GND didn't follow it when she left Alygirl10's message in place.  That's a matter of logic rather than law.

junior4579399 reads



-- Modified on 5/26/2005 12:44:40 PM

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