Lawyer thread

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

  1. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    My settlement demand would look something like this: It's going to cost at least 30k to defend this case. Might as well give him the 30k in retirement.
     
  2. Gallant Knight

    Donor
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    I am very surprised that a lawyer who averages .5 trials a year told me to demand X and that if I did she would give me that and then she came back with 80% of what we agreed to

    She just signed herself up for a trial in. November or over what we agreed to.
     
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  3. wes tegg

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

    Speaking of Allstate...
     

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  4. Brandon Chicken

    Brandon Chicken Chow Time
    Donor

    That’s awesome. Wish more judges would do stuff like that.
     
  5. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

  6. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Love Bob Vance
     
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  7. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Do you think you have to take a physical therapists' deposition to get the results of an FCE and issues as to restrictions into evidence? Or can you just take the treating ortho's deposition and have him review the FCE and give his opinions as to restrictions? I've never had this issue come up until recently when a lawyer mentioned it. I always just take the specialists deposition and get this opinions as to the FCE and restrictions.
     
  8. bRamonceTaylor

    bRamonceTaylor Well-Known Member
    Donor

    I’m an M&A attorney so apologies for the probably dumb question: anybody have experience in Texas small claims court?

    Have a good friend who was served a complaint from a former tenant (that I think friend evicted for several missed rent payments in the spring). Just says “breach of contract - asked to open business with a lease after business was open gave lease to another person”.

    Can give more details via pm, but I don’t have the first clue what to tell them to do. Based on what they told me back when tenant was still occupying the space, I think it’s bullshit. So do I tell them to pull the contract, all correspondence with tenant (specifically anything related to the eviction) and to go to the JP and file for dismissal? Or maybe countersue for missed rent payments?

    Thanks in advance for any help.
     
  9. (Z)

    (Z) Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    Good for Woodall for not pulling punches too. Great judge and mediator.
     
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  10. Gallant Knight

    Donor
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    Allstate lawyer admitted to me last week that they never offer more than $5k for underinsured or uninsured BI and make you go try it to get more than that. Doesn’t matter severity of injuries.
     
  11. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    I once heard small claims court described as "where the desperate sue the pathetic over the mundane." It's pretty fitting.
     
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  12. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    That's bad faith.
     
  13. Gallant Knight

    Donor
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    I agree. I don't know the best way to go about that though.

    There are a lot of lawyers in Houston who won't take first party Allstate cases because of it, so it's working.

    If you have a client and they have $30k of coverage and 2 treating docs it's going to cost you ~$6500 to get to trial and your client is basically going to end up with maybe $1-2k. I get my money back, i get my fees, that i won't reduce if we take a case to trial, and we have to pay the docs. It is fucking their policy holders over so bad.
     
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  14. harvey birdman

    harvey birdman Ha ha! Last laugh.
    Donor
    ArsenalFlorida Gators

    I like small claims court for certain types of cases such as worthless checks. Technically in Florida there is no small claims court but just small claims rules for County Court. It's very confusing.
     
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  15. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Comp Client: "I want $350,000."
    Me: "It is literally impossible for me to get you more than $16,115."
     
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  16. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    Comp client: “I’LL TAKE IT!”
     
  17. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    No, I got fired. He didn't believe me.
     
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  18. 941Gator

    941Gator TMB's resident beach bum
    Staff Donor
    Florida Gators

    Is it difficult to follow up and find out the results of a case? Obviously in crim we just check the Clerk.
     
  19. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I usually walk them through the scheduled member calculation or non scheduled member body as a whole stuff , explain loss of wage earning capacity analysis, etc , no pain and suffering, and can talk sense into them. I've been fired before over issues like that in comp cases, but it's pretty rare. Supper annoying though.
     
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  20. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    As far as amounts paid for settlements? Yes, unless it's a worker's compensation case or a child's case, which generally have to be approved by a judge so you can see the amounts paid in Alabama's e-filing system. And you can obviously see judgments on that system.
     
  21. 941Gator

    941Gator TMB's resident beach bum
    Staff Donor
    Florida Gators

    that would annoy me, i'd be dying to know how that finished up.
     
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  22. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Yeah he just needs to hear it from someone else. And I don't mind at all as I'm trying to purge a bunch of small cases that rolled down to me at the former firm.
     
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  23. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
    Donor
    Alabama Crimson TideArsenal

    I had to babysit some comp cases for a few months when I first opened the Birmingham office and those were the longest months of my life
     
  24. MORBO!

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

    Out settlements get filed in the state WC system, so I get to see what people settle for when they’re idiots and fire me. I had one fire me after I told him $16k was the best we could do. I got fired. Six months later he settled for $10k.
     
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  25. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Same here. I had a guy whose FCE said he was self limiting horribly. His treating ortho gave him a 0% rating and no restrictions. The guy was saying he couldn't get out of bed and couldn't work. They offered like $7k because the case was basically worthless. He fired me. I did a ton of work on his case so I filed a lien. He went to a few other lawyers that turned him down. Then he settled the case for the same amount as the original offer and I was paid my lien.
     
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  26. Bo Pelinis

    Donor TMB OG
    Nebraska CornhuskersKansas City RoyalsKansas City ChiefsBig 8 Conference

    This is the worst thing about negotiation:

    Me: "Hey here's something to sign to cover this instance."
    Them: "I don't want to sign that I want to use my own."
    Me: "Alright let's see it."

    *Produces something ridiculous and unnecessary for the situation*

    Me: "Hey your document sucks do better."
    Them: "Please tell me what you want to change."
    Me: "It's 11 pages single spaced for something that should take 1 page so I don't want to take time to itemize every reason why I'm telling you no."
    Them: "I don't understand."


    :killmepete:
     
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  27. Tilly

    Tilly Souf Cack
    Donor TMB OG
    South Carolina Gamecocks

    Pad them hours, man. :rain:
     
  28. Bo Pelinis

    Donor TMB OG
    Nebraska CornhuskersKansas City RoyalsKansas City ChiefsBig 8 Conference

    I don't bill hourly.
     
  29. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    i love practicing law.

    we have our legal assitant get word copies of discovery from the other party and then format it for us and then we go off that formatting when calling clients to go over discovery.

    my dumbass legal assistant somehow missed 10 RFP. opposing counsel sends us a letter saying hey you guys didn't answer the last 10 RFP what is the deal? we say it was an error and to please allow us 10 days to answer them.

    he has his associate respond that we have 10 days to answer without objections and that if we don't he will file a motion for sanctions.
     
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  30. (Z)

    (Z) Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    wes tegg , have you noticed a particular lawyer in Birmingham who was personally sanctioned a while back acting totally differently?

    Just am wrapping up a case with her, and could not have been any more pleasant and easy to deal with. It was honestly bizarre.
     
  31. BUstang

    BUstang Lawyer

    If it's Harris County I would tell him to eat my ass. What a fucking dork.
     
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  32. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
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    I'll believe it when I see it.

    Funny you mention her, though, because I thought of her today. A co-defendant got a denial of coverage (defense and indemnity) based on failure to notify the carrier in a case where not one deposition has been taken and where the plaintiffs' lawyers each had negotiated with the carrier before filing. I can't confirm it, but I'm near certain that the coverage decision had her hands on it.
     
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  33. Gallant Knight

    Donor
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    reviewing stuff before a deposition in half an hour

    the expert defense counsel hired said that my clients treatment was reasonable and that all but the charge for a massage were reasonable as well.

    umm ok thank you!
     
  34. (Z)

    (Z) Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    Yeah, that sounds more like it. I did have to call her out in the middle of an expert deposition for just completely misrepresenting my client's deposition testimony in order to try and confuse the witness. But that's par for the course there.

    I'm not sure what it was. I have about 3 defendants in this case. One of them I've got absolutely nailed to the wall, and I think she just desperately wants out even though her activity is sort of minor. She's almost been working for me against this other Defendant.
     
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  35. Gallant Knight

    Donor
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    why was she sanctioned
     
  36. Gallant Knight

    Donor
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    waiting for a depo to start. bullshitting with opposing counsel.

    he started at allstate in may. he's tried 8 cases to verdict and has one set on monday and one on thursday next week that both look like they're going to go
     
  37. Gallant Knight

    Donor
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    Holy fuck this is terrible

    The doctor didn’t review a single thing
     
  38. Gallant Knight

    Donor
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    And just got a motion to exclude my expert because he admitted there was a typo in his records and they’re saying they are now unreliable
     
  39. Sean Connery

    Sean Connery I'll take Whore Ads for $200
    Donor
    Penn State Nittany LionsUCF KnightsOrlando MagicTampa Bay BuccaneersPittsburgh PenguinsPittsburgh PiratesBig Ten Conference

    Hi, I’m user Sean Connery and I passed the bar
     
  40. Bricktop the white

    Bricktop the white Well-Known Member

    I've done roughly 15 mediations since starting 10 months ago and for the first time I have a plaintiffs counsel refusing to to excuse my client from attending.


    What's the thought process here? Why does he think forcing my client to be there is gonna help anything.
     
  41. Gallant Knight

    Donor
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    Your client or your adjuster?
     
  42. Bricktop the white

    Bricktop the white Well-Known Member


    Client. The adjuster is always there.
     
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  43. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
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    I can see requiring the client to be there if there's a potential conflict between him/her and the company.
     
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  44. 941Gator

    941Gator TMB's resident beach bum
    Staff Donor
    Florida Gators

    to add to this, the robber ditched a bag. The bag was never tested for dna or prints, but they still have it, so I think that might be the first move here.
     
  45. 941Gator

    941Gator TMB's resident beach bum
    Staff Donor
    Florida Gators

    2 words: Adjudication Withheld.
     
  46. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    There was a trial down here last month in a dump truck admitted liability case with bad damages. They offered 4M+ before the trial and plaintiff wanted 6M+. Jury came back with 3.5M.
     
  47. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    Firm I worked at in law school does large loss subrogation claims for insurers. Like refinery explosions and shit

    They had a $25m+ offer to settle on the eve of trial. Spent 3 weeks trying it. Jury came back with $0

    Ouch
     
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  48. Gallant Knight

    Donor
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    I love when clients ask for copies of their lawsuits and then send 10 questions about what everything means after the read it
     
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  49. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    I’m with Sammy Meatballs there is no way I’ll be doing this in 15 years. 75 calls a day asking for updates, clients constantly bitching and then being totally ungrateful Gia getting very fucking old
     
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  50. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I have a case set for trial in December where the defendant is a sweet grandma who was looking down for a minute trying to get her drink in stop and go traffic and rear ended my client who is an older lady that doesn't come across near as well as the sweet grandma. Also my client said at her deposition that she must have passed out at the scene because one minute she was upright and the next she was laid out. That was a big surprise to me at the deposition. Her only injury is whiplash and leg pain for a few months. It's in a conservative county. Should I try this just to try it? I think the offer is like less than meds. I think she has like $7k in undisputed meds. Maybe ask for $10k in pain and suffering and keep the ask low. That's the only way I could see us getting a decent result. I'm guessing the jury would give us undisputed meds and like $3k in pain and suffering.