Lawyer thread

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

  1. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    Who has it worse: the plaintiff lawyer whose clients always wants more than their case is worth and are never happy no matter how much you get them OR the insurance defense lawyer whose client does _________________________. I'm not really sure what insurance defense lawyers clients (insurance companies) do that would be similar to what I'm saying about plaintiff lawyers clients do. Possible answers : constantly audits their bills, is also never happy with the result no matter how much you save them?
     
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  2. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Insurance companies aren’t insurance defense lawyers’ clients; the insureds are. Often, the company keeps you from being able to get the client his/her desired result (whether that’s settling when they want a trial or not settling when they don’t). Also, a lot of your clients don’t want to cooperate with you. You can’t just “fire” them on our side because that might result in them losing coverage, which would be a bad result for them. They often don’t trust you, because they didn’t choose you. Then, when you manage to keep everything balanced until you get a result, and you justify every six minutes of your time, you get some third party auditor sending your bill back with cuts for “excessive time” or “paralegal work” for shit that you had to do and now won’t get paid for doing.

    There’s a reason a lot of defense lawyers go to the plaintiffs’ side and not vice versa. :twocents:
     
  3. Ray McKigney

    Ray McKigney Feel my ubiquity
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    Back when I was doing more insurance-based defense work than I do now (yay big law and sophisticated corporate clientele) my biggest problem was them never being happy, no matter how much I saved them. It was the very definition of “thank-less” job. My corporate clients are much more appreciative of the work that is done and the results I get. I never had a huge issues with my bill being cut excessively.
     
  4. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Insurance carriers are only happy if you close the file quickly without paying the plaintiff anything.

    And, as for billing, the problem is with the third party auditing (which is relatively new, or at least recently gaining in popularity). If an entry says certain triggering words, the entry is flagged/not paid. You can appeal it and get it paid, but then you’re spending .2 to get .1 back. It doesn’t really affect the bottom line on receivables, it’s just frustrating to have to justify your work all the time to non lawyers.
     
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  5. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
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    I could go on for days about this strategy. I love Keith to death, he taught me everything I know. I wholeheartedly hate this strategy.
     
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  6. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    The verdict is in: being a plaintiff or insurance defense lawyer sucks and your clients are never happy.
     
  7. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Indeed. Those biglaw guys got it figured out.
     
  8. Gallant Knight

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    Being a plaintiff lawyer would be tight if you employed enough people that you could avoid bitching clients on a day to day basis

    Being a shareholder in an insurance defense firm means you still have to bill every 6 minutes
     
  9. Bricktop the white

    Bricktop the white Well-Known Member

    Having no billables is the best part of my job.
     
  10. Ray McKigney

    Ray McKigney Feel my ubiquity
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    Oh don’t get me wrong, I was audited and had time cut with regularity when I was at my old shop, which did about 60% of its business from one carrier.

    I guess I got really good with my narratives that I avoided major cuts and would maybe have a couple of throw away .1s knowing they would ultimately get cut. Still had something like 95+% collection rate :smug:
     
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  11. Oranjello

    Oranjello Well-Known Member
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    My favorite clients are high net worth individuals and their closely held businesses. Not a fan of large corporate clients. While their legal/tax department may be appreciative, a lot of times (at least for associates) it gets lost in the chain of command or the result is simply expected. The owner or CEO of a closely held business is appreciative every time.

    Really my favorite clients are CPAs with whom I share a client. Can cut out the bullshit and simply reach a conclusion and often times they do not require anything more formal than an expensive email. Those are the best.

    Random thoughts for $1000.
     
  12. CoastalOrange

    CoastalOrange Well-Known Member
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    #InHouse4Lyfe
     
  13. harvey birdman

    harvey birdman Ha ha! Last laugh.
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    Best decision I ever made.
     
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  14. Gallant Knight

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    Defendant just admitted in depo to being high on coke and mdma at time of accident. Yikes
     
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  15. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Injuries bad enough for it to really matter?
     
  16. Gallant Knight

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    Yes my clients have $75k and $85k in medical bills

    Another lawyer reps two and one had broken leg

    They’ve offered me 7500

    About to teach Allstate a lesson
     
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  17. 941Gator

    941Gator TMB's resident beach bum
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  18. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Allstate’s captive counsel just got sued here for malpractice and it has legs.
     
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  19. Gallant Knight

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    Shit I talked with the Allstate adjuster earlier this week and he was like let’s see how the deposition goes

    I think they’re going to want to go to trial on it
     
  20. electronic

    electronic It’s satire!
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    Whoa. By Allstate or the insured?
     
  21. SmoochieWallace

    SmoochieWallace Ipse dixit
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    I’ll see your John Morgan and raise you one Dale Swope.

     
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  22. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    John Morgan's was a lot better because he said he was going to fuck people up
     
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  23. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Insured. There’s also a bad faith count against allstate.
     
  24. Gallant Knight

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    allstate just filed a no evidence MSJ against us with a one sentence affidavit from their client saying 'i was not the driver who hit * Gallant Knight 's * client.

    my client has a picture of allstate's client's drivers license. there wasn't a policy report. they didn't ask for a copy of the driver's license in discovery--only property damage pictures

    talk me out of filing a response to the MSJ along with a motion for sanctions and attorneys fees.
     
  25. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    I'd send them a copy of the photograph and a letter explaining that and encouraging them to withdraw their MSJ. If they refuse, then you can attach that as an exhibit for your motion for sanctions/fees.
     
  26. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
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    Tread lightly any time you are filing a motion for sanctions, i’d do more discovery in anticipation of filing your response to the msj. You want to setup the fact that it’s not just the defendant, but they did it with the assistance of allstate’s Counsel or else you can fuck around and mess up coverage.

    Take the person’s depo, then send written discovery. I like requests for admissions plus contention interrogatories for any of them that are denied.
     
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  27. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    I don't think that just believing one's client is, in and of itself, sanctionable. That would put a lot of plaintiff's lawyers out of business. :twocents:
     
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  28. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Who needs coverage anyway
     
  29. Gallant Knight

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    the defense lawyer is a notorious piece of shit.

    we got discovery back about 6 weeks ago with every response being will supplement. and he filed the MSJ about 3 weeks after the statute ran.
     
  30. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
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    does texas have a statewide e-filing system?

    find occurrences of him doing shit like this before, attach those as exhibits to any motion for sanctions. If you're going to file a motion for sanctions, you have to go fully nuclear.
     
  31. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
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    it's overrated.
     
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  32. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    I think you've got a pretty easy "more discovery" response on your hands then. Do like Sammy said and push the shit out of discovery. Try it and shove that affidavit up the defendant's ass.
     
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  33. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
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    I have had two clients lose their homes this week because of insurance company shenanigans. One is because the insurance company just can't seem to "figure out" why my guy's weekly benefits aren't getting to the right address we gave them seven times.

    The other is an adjuster who admitted he had no reason to not pay weekly benefits, hired an attorney, they admitted there was no reason not to pay them, and my client has gone six months without any income.

    Ridiculous.
     
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  34. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
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    Does Georgia have a cause of action for that second scenario? Alabama and Florida both do.
     
  35. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
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    Not really. I can ask for 15% late payment penalties and assessed attorney fees. But that doesn’t amount to much for the insurer even if they pay me what would be considered really high assessed fees amounts like $5k to maaaaybe $10k.

    Other than that, Georgia’s ALJ’s are just all :idk: sorry for your luck.
     
  36. BUstang

    BUstang Lawyer

    Have your client complete an affidavit attesting to identifying the driver and then authenticating the picture. Argue it was him. Fact issue - done. Easiest MSJ response ever.
     
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  37. Bricktop the white

    Bricktop the white Well-Known Member

    Anyone ever fight speeding tickets? Im helping my brother with one and I'm having way too much fun finding loopholes that are technically correct by super unlikely to work.
     
  38. 941Gator

    941Gator TMB's resident beach bum
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    Legislature writing the statutes way too broad is always the first issue.
     
  39. El Tiburon

    El Tiburon Well-Known Member
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    Starting up trial again Monday on a med mal case. It’s the first in a stretch of 6 special set trials (5 med mal and one nursing home case) I have between now and late October. None have any chance of settlement :yousoricky:
     
  40. dome foam

    dome foam ¯\_(ツ)_/¯
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    they could argue under 193.6 that you had obligation to produce the DL. assuming they sent over disclosure request.

    I wouldn’t waste my time with motions or a response. just an email with the DL, and “supplement” your disclosure responses.
     
    #7340 dome foam, May 8, 2019
    Last edited: May 8, 2019
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  41. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    i know these feels. i have a comp client that calls 10 times a day and sends 10 emails a day because he moved to Texas and is living in a hotel because he's broke and his TTD didn't make it to his new hotel address in TX even though we told opposing counsel he was moving and gave them new address. So we had to ask for them to reissue a check and overnight it. He's been in full melt down mode and driving my paralegal crazy.
     
  42. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    Same here. Can get a penalty but no direct tort action for something like that.
     
  43. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    Got my first Jones Act case today. Going to work it up with this guy in Louisiana that's a badass at Jones Act cases and learn the ropes. Dude was on a drill ship 40 miles off the coast of Venice Louisiana and because of the way the cargo was loaded (negligence) he was pinned against something during some bad weather with high wind. Multiple herniated discs. I might try to get more and more into maritime law.
     
  44. Gallant Knight

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    Had a Vietnamese guy show up at my former firm’s office and tell my boss and me that he runs all the Vietnamese Jones act cases in Texas and they cost $30,000 cash each
     
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  45. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    How many has he sent your way?
     
  46. Gallant Knight

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    0 but I know some people who are flush with Jones act cases who will be going to prison
     
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  47. Bricktop the white

    Bricktop the white Well-Known Member


    Godspeed trying to break into that racket.
     
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  48. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    haha that's insane.
     
  49. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    why is it a racket?
     
  50. Gallant Knight

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    Did you not just read that they cost $30,000 to sign up in Houston and Louisiana?
     
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