Lawyer thread

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

  1. Ray McKigney

    Ray McKigney Feel my ubiquity
    Donor
    South Carolina GamecocksAtlanta BravesCarolina Panthers

    I'm pretty good at avoiding most of those but I use correspondence as my go to alternative for email.

    Perhaps I should change that.
     
    wes tegg likes this.
  2. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    When I worked at an insurance defense firm in law school, a partner billed 29 hours one day.
     
  3. Magneto

    Magneto Thats right, formerly Don Brodka.
    Donor
    Florida State SeminolesTampa Bay BuccaneersSwanseaWichita State ShockersHartford WhalersSeattle SupersonicsGeorgetown Hoyas

    I don't see a quote of mine in this post...
     
  4. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    We have one carrier (not even sure which) who flags it, so I do "electronic communication" instead for all of them. I'm sure that my non-insurance clients think I'm one verbose mofo and are glad they don't pay by the word.
     
  5. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    Good luck to him when he inevitably gets audited.
     
  6. Tilly

    Tilly Souf Cack
    Donor TMB OG
    South Carolina Gamecocks

    Most I've billed in a 24 hour period was 22. But all for the same client prepping for a deposition.
     
  7. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
    Donor
    New York GiantsNew York YankeesAtlanta UnitedUCF Knights

    I think I've gotten up to 18.5
     
  8. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    I've seen several 20+ hour days billed
     
  9. New user

    New user Well-Known Member
    TMB OG

    Hit 16 a few times and that's it
     
  10. Tilly

    Tilly Souf Cack
    Donor TMB OG
    South Carolina Gamecocks

    Really? Given your totals, figured you'd see 20 fairly often.
     
  11. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    If I go over twelve and there's a lot of that on one file or all for one client, I'll normally push some over to a Sunday afternoon. Even if you can work those kinds of marathons, there's a pretty safe assumption that your work loses quality at some point. I'd rather not send out a bill that looks like I'm only working on a file one day a month. Possibly paranoia, but I'm good at not getting bills cut. :idk:
     
    momux, HenryLeeJackson and MORBO! like this.
  12. New user

    New user Well-Known Member
    TMB OG

    Nah just a bunch of 12+ and some weekend work. I'm probably averaging 55 or so a week which isn't going to require many 20+ hour days.
     
  13. Tilly

    Tilly Souf Cack
    Donor TMB OG
    South Carolina Gamecocks

    Get what you're saying, but those types of all nighters aren't by choice. Boss tells me to get something done by the next day, it's getting done come hell or high water.
     
    wes tegg likes this.
  14. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
    Donor
    New York GiantsNew York YankeesAtlanta UnitedUCF Knights

    This is the key right here. Bill for the work that you do, and structure your entries in such a fashion that they don't get cut.

    That's one of the problems I have with some of the other associates I work with that seemingly over bill to begin with, get a ton of time cut, but they still get credit for "hours billed." Then, when it come time for reviews, it's "Associate X has 150 hours more than Associate MORBO" despite the fact that Associate MORBO's fees received are $20,000 higher.
     
    wes tegg likes this.
  15. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    I meant put the hours on a Sunday for billing purposes, if I can. I understand that may not be possible with a TRO or something.
     
  16. Magneto

    Magneto Thats right, formerly Don Brodka.
    Donor
    Florida State SeminolesTampa Bay BuccaneersSwanseaWichita State ShockersHartford WhalersSeattle SupersonicsGeorgetown Hoyas

    Fuck I hated those meetings.
     
  17. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    We're primarily judged on revenue production, which can be good and bad. I work on some of the lowest and highest rate clients, so it kind of balances out for me. I do envy the folks who only do coverage work and/or professional liability stuff because all of their rates are high.
     
  18. Big Meech

    Big Meech I like turtles
    Donor
    Clemson TigersJacksonville Jaguars

    Our associates have to hit a realization rate to get an hour-based bonus.
     
    wes tegg likes this.
  19. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
    Donor
    New York GiantsNew York YankeesAtlanta UnitedUCF Knights

    Actual text exchange between me (M) and partner (P):

    P: Is the **** mediation on the calendar yet?

    M: it's set for 8/8. I finally got the short term disability info back so I can finish eval tomorrow.

    P: 8/8 mediation and you don't have evaluation out?? Client is not going to like that, and unless you are pushing 230 hours a month, you should have time to get this done well before 10 days prior to mediation. Get a draft of the evaluation to me tomorrow by 2 o'clock, text me when it is ready. This is a case on the list of ones that must be closed by year end, so I don't want to miss any opportunities

    M: I meant 9/8. Sorry. I made sure to give 30+ days between getting out eval and date of mediation.

    P: [no response]

    M: So do I still have to bill 230 hours now?
     
    PAHokieinRVA likes this.
  20. PAHokie

    PAHokie Can't a bitch living say I bought her Michael Kors
    Donor
    Virginia Tech HokiesPittsburgh PenguinsAtlanta Braves

    Not a lawyer, engineer actually, but interested in this billing talk. When you bill a client does your bill show when the work/time spent was completed? All of my bills that are billed for hourly stuff just says hours and a total and some comments for the time,
     
  21. New user

    New user Well-Known Member
    TMB OG

    same as yours. total hours and comments on what you did. not time of day or anything.

    And I just got home from a nice 15.5 hr day. Filing a TRO tomorrow that I found out I had to draft the entire motion to support this afternoon...fun stuff.
     
    #321 New user, Jul 30, 2015
    Last edited: Jul 30, 2015
  22. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Spent half the day yesterday working on a pre trial order for a jury trial in Georgia in September. Damn ,pre trial orders suck. Apparently all state courts in GA require them. Usually on fed court here require them
     
  23. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Bout to go argue a motion to amend this morning in a med mal case. Hospital has like 50 entities in secretary of states website, apparently I didn't name the magic entities in complaint. I move to amend to get right ones in, hospital objects and won't tell me which ones are correct and says they are't vicariously liable because doc is independent contractor
     
  24. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Also the procedure for death cases here is insane. I have one where the wrongful death beneficiaries are a minor and the deceaseds husband. I have to get get my contract ratified in the matter of the guardian in chancery and get authority to proceed with chose in action. I also have to get my contract ratified to rep wrongful death beneficiaries in the matter of the estate which is in another county. I also need authority to proceed with chose in action in that county. I also need contract to rep the estate itself ratified and for chose in action. I publish in paper summons giving notice that we're determining wrongful death beneficiaries. Judge calls yesterday says summons defective because petition to determine beneficiaries was defective because I didn't put some magic language in it and get right ppl to sign it so we have to amend that petition and republish. That's all before we get into the med mal death case.
     
  25. SmoochieWallace

    SmoochieWallace Ipse dixit
    Donor
    Florida GatorsTampa Bay RaysTampa Bay BuccaneersTampa Bay LightningArsenal

    Big law life.
     
    gatorfromiowa likes this.
  26. New user

    New user Well-Known Member
    TMB OG

    Sometimes it sucks, sometimes it doesn't. The work is interesting, and the pay is good. More than can be said about a lot of jobs I suppose.
     
  27. SmoochieWallace

    SmoochieWallace Ipse dixit
    Donor
    Florida GatorsTampa Bay RaysTampa Bay BuccaneersTampa Bay LightningArsenal

    :beerchug:
     
  28. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
    Donor
    Alabama Crimson TideArsenal

    Pretty simple solution: send discovery about the correct entity. Use RFA's with supplemental rogs to get your answer.

    Does Mississippi have any form of non-delegable duty?
     
    wes tegg likes this.
  29. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I did that discovery and just didn't get a real answer. In fact, big shock, I didn't get a substantive answer to any of my RFPs or Rogs. Motion went ok I guess, judge told us to both submit orders and he'll sign the one he likes. Now I'm into all sorts of issues about whether I gave proper notice of claim. Which is in spite of the fact that I gave notice of claim to the CEO and President of the hospital pursuant to the statue. Hoping the judge lets me keep the hospital in and lets me serve them even though its beyond the SOL now. If he wont I'm sure the doc has at least 1M in malpractice coverage which would suffice. Although then they can try to put some of the blame on the hospital and there will be an empty chair. Such is life.
     
  30. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    also from what i know a doc has a non delegable duty of care to patients but i dont see any case law where the hospital has a non delegable duty. they have your usual medical standards of care. I'm not exactly sure what your asking for re non delegable duty.
     
  31. Big Meech

    Big Meech I like turtles
    Donor
    Clemson TigersJacksonville Jaguars

    Fixed
     
  32. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    I'm not sure there is an area of law where the cards are more stacked against you than the plaintiff's side of medical malpractice.
     
  33. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
    Donor
    Alabama Crimson TideArsenal

    Playing armchair quarterback here but why didn't you move to compel a real answer?

    Florida has good case law on the relation back of amended complaints in this situation. I would see if Mississippi has something similar.
     
    wes tegg likes this.
  34. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    "As it applies to this case, Rule 15(c) states that for an amended complaint to relate back to the date of the original complaint when the amended complaint does not change a named defendant, there is only one requirement: the claim in the amended complaint must arise out of the same conduct, transaction, or occurrence as that set forth in the original complaint. Id. However, when the amended complaint does change a named defendant, as here, there are two additional requirements: notice and knowledge by the defendant who would be named. Id. These two additional requirements must be met within the Rule 4(h) time period, or 120 days of the original complaint."

    I'm changing a named defendant. So I have to show (1) notice by the defendant who would be named and (2) knowledge by the defendant who would be named. I think the hospital had both of those as I served the CEO and the president of the hospital with a notice of claim letter (although I haven't served the registered agent for the proper entity with a complaint). I also somehow served the hospitals attorney(not their in house counsel but the guy who handles their malpractice actions) who is the registered agent for one of the shell entities of the hospital. Hopefully sending a formal notice of claim letter pursuant to the malpractice statute is enough notice.
     
  35. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
    Donor
    New York GiantsNew York YankeesAtlanta UnitedUCF Knights

    I will volunteer Georgia workers' compensation defense as tribute to this competition.
     
  36. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    the stats are pretty insane. I want to say like 90% are resolved without paying money to the Plaintiff.
     
  37. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    med mal has to have the highest rates of malpractice per case.
     
  38. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    here in MS I've heard that even if you get a big jury verdict in a med mal case the chances of it getting overturned by the supreme court are very high
     
    wes tegg likes this.
  39. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    also i sent them a good faith letter but havent had time to wait on that then file and notice my motion to compel before this hearing
     
  40. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Friedman and Malone, the guys that wrote Rules of the Road (which I'm sure only Sammy has heard of because yall are all defense scumbags) also wrote a Rules of the Road for Medmal which I'm currently reading. Hard to make yourself read stuff like that after work.
     
  41. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    Do you mean just the act of legal malpractice or actionable claims for it? If the latter, I doubt it. Considering the extremely low rate of success in those cases, you'd never be able to prove causation.
     
  42. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    :edmond:

    We know all y'all's tricks.
     
  43. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    legal malpractice. in texas there are about 15 hurdles you have to jump through just to get a viable cause of action. and you have to spend a dickload of money up front.

    i guess claims as well in texas. if anything happens at a hospital or a doctors office or wherever, it falls under med mal. i have 0 desire to dick around in that field.
     
  44. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    haha it's not as bad as the Reptile stuff. Reptile has its own super secret list serve and if you talk about Reptile stuff on the AAJ list serve or any other list serve the reptile ppl can ban you from their super secret list serve. I'd actually rank them in order of usefulness

    (1) David Ball on Damages 3rd Edition
    (2) Rules of the Road
    (3) Reptile
    (4) Polarizing the Case

    Polarizing the case has been the least useful but its all about when defense lawyers try to say you're client is malingering which usually happens in soft tissue cases and I don't really get involved in soft tissue cases if i can help it.
     
    wes tegg likes this.
  45. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    have like 150 cases i oversee at my firm. 145 of them are soft tissue. avg attorneys fees on them are ~$10k per case.
     
  46. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
    Atlanta BravesDenver BroncosChicago BlackhawksBirmingham LegionMississippi Rebels

    I've always wanted to buy a copy of Reptile to bust out and show a jury during my closing if a plaintiff's lawyer was getting into all that safety/rules shit. Nothing would piss off an Alabama jury more than telling them that the plaintiff's lawyer thought they e-volved from dinosaurs.
     
    HenryLeeJackson and RJF-GUMP like this.
  47. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
    Donor
    Alabama Crimson TideArsenal

    not mine :pdl:
     
    bertwing, colonel_forbin and wes tegg like this.
  48. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    That's not accurate. If you had said 90% defense verdicts I'd believe it, but that stat is also extremely skewed. The vast majority of cases where there has been a defense verdict at trial usually involve situations where the more culpable defendants have already settled out. Most carriers -- though not all -- would rather pay than take a case to trial.
     
  49. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    soft tissue cases are getting medicals and thats it at trial in MS. sometimes verdicts are less than medicals. carriers are opting to try them rather than settle. the worst are low impact soft tissue cases.
     
  50. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    Need to tell the providers to inflate the shit out of their bills and then reduce them when doing the settlement disbursement