Lawyer thread

Discussion in 'The Mainboard' started by Jax Teller, Apr 8, 2015.

  1. Nelson

    Nelson Can somebody please get Ja Rhule on the phone
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    thank you, learned colleague Gump
     
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  2. Magneto

    Magneto Thats right, formerly Don Brodka.
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  3. sam shakusky

    sam shakusky the double champ does what the fuck he wants
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    Agree and disagree. The summer was really awesome in that I had no concrete schedule and spent basically every day laying by the pool reading. But it also sucked in that I had a knot in my stomach for basically the entire summer and couldn't really enjoy my free time, knowing that I could/should be studying. Felt like I could hear a clock ticking in my head the whole summer.

    I also remember lots of people were really comfortable with the material and sure they were going to pass by like July 1. I scored in the 30s ACT and 160s LSAT but was basically convinced I was going to fail the test all the way up until the day I started it. There was just so much damn material, nightmare scenarios left and right
     
  4. Fecta23

    Fecta23 Well-Known Member
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    Easy to say that from a utility perspective and it makes sense. But, if I had to do hard labor every day of my life just building pipes I would want to kill myself, even if it paid well. People aren't just pawns in an economy ( I mean we are, but we dont want to be) and there is value from having a citizenship that understands politics, philosophy, history etc. Which is why we should make school more affordable so more people have a basic understanding of that stuff.
     
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  5. New user

    New user Well-Known Member
    TMB OG

    My approach to this was that if I didn't know it then damn near everyone else didn't either. Especially for the essays. Just make up a rule of law, apply the facts, and act like you know what you're talking about. That should get you 3 points out of 5 or however they score it.

    By the end, I could make it through all the study material in like 90 minutes. For the multiple choice, I finished both sections in half the time they allot. Granted I don't know what I scored, but it just isn't that difficult of a test imo. Like you, I've done well on ACT, LSAT, etc. I wasn't going to stress about something I'd put in the time for, knowing that plenty of others had studied less or aren't as good at standardized tests.
     
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  6. matadorjim

    matadorjim Well-Known Member
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  7. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    shut up and go build something useful instead of worrying about existential problems
     
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  8. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    think you could somehow get at the trucking company on this one , or it's not a case? If you could show he had a criminal history and was in the course and scope of his employment then maybe-seems like a big stretch to me:
    from our receptionist:
    "Potential client just finished truck driving school and a guy she knows that drives trucks offered to take her on a run to Atlanta yesterday so she could get some on the job training from him. He told her they would be home by this morning. Apparently he asked her to shower with him and when she refused he started getting short with her, so she went to the back of the truck and slept. When she woke up she texted him and asked where they were and why they weren’t home and he said they were in Jackson and he wouldn’t be taking her home today. He ended up leaving her at a gas station in Jackson and she called his boss and his boss paid for a bus ticket for her and begged her not to press charges against him. She wants to know if she has a case"

    Edit-nah that ain't a case
     
  9. Magneto

    Magneto Thats right, formerly Don Brodka.
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    I see a criminal case there under the majority rule for kidnapping.
     
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  10. 941Gator

    941Gator TMB's resident beach bum
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    exactly. i wish undergrad was free and "how to pay your bills and not fuck up your credit" was a required course for people, not algebra.
     
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  11. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Yeah, I'm not sure that'd be worth the time. Fucked up story, though.

    What kind of company? Is he an owner/operator?
     
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  12. Nelson

    Nelson Can somebody please get Ja Rhule on the phone
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    Doing a pro bono divorce in New York county is not an advisable way to spend your summer
     
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  13. Magneto

    Magneto Thats right, formerly Don Brodka.
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    Pro bono divorce? What were you on when you agreed to that?
     
  14. Magneto

    Magneto Thats right, formerly Don Brodka.
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    http://m.newser.com/story/227444/judge-bans-10-year-old-girl-from-playing-golf.html

    A family court judge in Virginia has ordered that a female golf "prodigy" cannot play competitively for one year and may only play one round a week with her father.

    http://deadspin.com/virginia-judge-bans-10-year-old-prodigy-from-golf-in-1782422800

    There don't seem to be any allegations of an Earl Woods type of abuse going on. It seems like the Mother must be a real piece of work to take this away from her daughter.

    Tilly , thoughts?
     
  15. Nelson

    Nelson Can somebody please get Ja Rhule on the phone
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    Had no choice. It's the firm's pro bono program for summers
     
  16. Nelson

    Nelson Can somebody please get Ja Rhule on the phone
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    Judicial paternalism, writ large.
     
  17. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    don't know the answers I didn't speak to her. some other lawyer here called her back
     
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  18. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    our trial lawyer association is super pissed at the state bar association because it's run by insurance defense lawyers and the insurance industry. there is a faction that refuses to get involved in the state bar because of aformentioned reasons and then a faction that says we should get involved in the bar or else the current crappy nature of the bar will perpetuate.

    the thing that got it all started is that an insurance company is sponsoring the president's reception at the annual bar meeting this year.

    i'm sure you're all pleased to be updated on this
     
  19. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Got it. If you could get a quick $5k out of a big line just to avoid the bad pub, that'd be great. But, the second you had to invest as much as a filing fee into it, you'd regret signing her up.
     
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  20. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Seems like a silly thing to get pissed about. Our annual meeting sponsors:

     
  21. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
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    Rowley is incredible.
     
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  22. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    I'm not big on getting into things for cost of defense settlements. I'd rather just not get involved.
     
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  23. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    I see he teaches at Gerry Spence's school. I'd love to attend. But, alas...

    [​IMG]
     
  24. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Wise.
     
  25. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    a lot of it has to do with tort reform. when tort reform was developing into a nation wide movement and when our legislature started to pass damage caps and such our state bar was passive to the point where the trial lawyers viewed it as being pro insurance
     
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  26. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
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    I'd love to go. Did my application last year and just can't find time to go spend 3 weeks in Wyoming. I want to do it before spence passes away.

    Also, I'm sure there's a way you'll be eligible to go at some point.
     
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  27. ARCO

    ARCO I wish I wasn't wearing this fucking shirt
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    Section 502 requires that plan documents be provided within 30 days of receipt of a written request, or there will be a fine of $110 per day and monetary fees and costs. Obviously in your case the issue will be where the request was sent. If it went to your client, and your client isn't the plan administrator then your client is fine. If your client is... Well, sucks for your client.
     
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  28. 941Gator

    941Gator TMB's resident beach bum
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  29. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    i just had a lawyer tell me he thinks he could get his adjuster to 10k and sees the full value of the case at 15k. I've never heard that term used before "I see the full value of the case as X" Does that mean what he thinks the max verdict would be?
     
  30. 941Gator

    941Gator TMB's resident beach bum
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    Justin Fenton @justin_fenton
    In judge's opinion, he says he is granting new trial based on ineffective assistance of counsel for failing to cross on cell phone evidence
     
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  31. Ray McKigney

    Ray McKigney Feel my ubiquity
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    So I guess it comes down to whether the employer meets the statutory definition of plan administrator, or whether the agreement b/t the client and the TPA possibly expressly makes the TPA the plan administrator. I refer to them as the TPA only because o do not know what else to label them. I am assuming I will need to some federal case law for a little guidance. Fuck ERISA
     
  32. ARCO

    ARCO I wish I wasn't wearing this fucking shirt
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    Plan documents provided to employees by their employer will typically identify the administrator.

    However Section 3(16) defines the plan administrator if you want more guidance, including if the plan administrator is not named in the plan documents. And yes... Fuck ERISA.
     
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  33. Magneto

    Magneto Thats right, formerly Don Brodka.
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    Looks like he went to a law school we'd have had closed in yesterday's discussion too.
     
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  34. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    why would i have a request for production for fuel tax reports for a year for the truck driver in a trucking case? how does that help me?
     
  35. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
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    Shows mileage, gallons purchased, etc

    Can cross reference with logs and find discrepancies about distances traveled, hours of service, etc.

    Truckers lie about the dumbest shit. Always look for stuff to make them look like liars.
     
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  36. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
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    That's generally how I've referred to full value.
     
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  37. ARCO

    ARCO I wish I wasn't wearing this fucking shirt
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    You working Plaintiff's side on a trucking case?
     
  38. 941Gator

    941Gator TMB's resident beach bum
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    And part time lot lizard.
     
  39. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    I've got a defendant in a trucking case and the plaintiff trucker did this in his deposition to the point that for him to have hit all the places he claimed he hit within his allowable hours, he would have had to average something like 87 miles per hour. The counterclaim plaintiff and I bludgeoned him for about 6 hours on little shit, and he wove an impossible narrative. He'd also claimed to lose all of these personal belongings in the wreck, and I had him testify that all of them were on his fucking dashboard when his visibility is an issue in the case.
     
  40. ARCO

    ARCO I wish I wasn't wearing this fucking shirt
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    Savage as fuck
     
  41. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    yes. i'm a plaintiff's attorney.
     
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  42. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    learn something new every day:

    Lot Lizard
    Truck Stop Prostitute- Male or Female- Predominantly found at truck stops and whose sole intention is to score some trucker lovin' for some quick cash or occcasionally for free depending on the mood
    Man, those lot lizards at the Iowa 80 stop have gotten so much better since the economy took a turn for the worse. Thank goodness for the Bush admistration
     
  43. ARCO

    ARCO I wish I wasn't wearing this fucking shirt
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    First one you've done? Familiar with the Federal Motor Carrier Safety Regulations?
     
  44. Tilly

    Tilly Souf Cack
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    Seems stupid. But without knowing the facts or the disposition (i.e. Temporary vs final hearing) I'll withhold my condemnation.
     
  45. BUstang

    BUstang Lawyer

    Settled a 18 wheeler case for policy yesterday. No death. Handled the entire file myself. Feels good man.
     
  46. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    it's not the first one i've done, but I also haven't done a ton of them, although I'd like to do as many as possible (I think this is my 4th thus far). i'm familiar with the regulations. the reason i asked that question is i was tweaking my RFPs to the motor carrier in a case I'm doing right now. Along the way from various seminars and litigation packages I've acquired numerous different sets of sample discovery for trucking cases. Instead of using the discovery I used in the last trucking case I wanted to update my discovery and I'm developing a "greatest hits" discovery package by hand selecting what I think are the best questions from the different sets I have. I came across that RFP and it puzzled me.
     
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  47. Gallant Knight

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    going to aspen sat-thu. first vacation of more than a 3 day weekend since 2012.

    so much shit to do, but legit 0 motivation to do it.
     
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  48. BUstang

    BUstang Lawyer

    Wonderful place.
     
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  49. Bo Pelinis

    Donor TMB OG
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    I think you'll find that the women flock like the salmon of Capistrano.
     
  50. 941Gator

    941Gator TMB's resident beach bum
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    I'm happy for you
     
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