What all is at play? If it's just a run of the mill MVA, I'm not a fan of adding much. Unless there's something really really helpful in there, I think lawyers greatly over-estimate impact of instructions. 90% of jurors are almost completely tuned out by that point.
Above and beyond the patterns for negligence, etc.? I might would add 1-2 more above the pattern for that situation, and maybe none.
Gump is in MS. We use pattern, but most judges I deal with will allow additional if its coming from case law.
We have model jury instructions and most of those get used but depending on the facts of the case you see other ones come in.
I cannot imagine doing 10-15 additional instructions over the model ones in a soft-tissue MVA with fault admitted. That's WAY overkill.
I'm saying 10-15 total with the model instructions. I don't think every case even needs 10 model jury instructions. You have your typical ones on negligence, typical on proximate cause, typical on depositions should be taken seriously, etc etc. But even of the model instructions Plaintiff and Defendant don't always agree on which model instructions should be used or which should be left out. I usually have 2-3 custom instructions that aren't model instructions. Maybe 5 in a more complex case.
I'm still confused about the MS model instructions. Florida may not do much well, but the model jury instructions are basically non-controversial and almost universally accepted by both sides. Once in a blue moon you might argue about whether instructions involving intervening or superseding cause need to be read to the jury, or minor things like that. It is very, very rare that special instructions are read and usually when plaintiffs' counsel requests anything beyond the standard instructions we fight like hell to keep them out and almost always prevail.
Yeah, very few judges here will read anything other than a pattern charge. We’ll still fight over which ones need to be read.
in a standard MVA i've never even heard of anyone trying to do anything other than the texas pattern jury charge
Idk I feel like I've tweaked jury instructions from pattern ones and added a little language to fit the case and have gotten it in . I'd say 90%+ are pattern.
What did we say is the normal sick leave and vacation leave your firms give staff members? 20 vacation days and 5 sick days?
Can also feel the 4 years of no more than long weekends is catching up to me. My motivation at work has dwindled significantly in the last month or two
Not yet this year. Settled one two weeks ago on Thursday night with a pref setting we had on the following Monday. In the two weeeks prior to that we had three trial settings where we we’re ready to go but we weren’t reached so they were reset. We have two set for first week of March. I’m getting married March 14th and we had to file like 7 continuances for cases we had set that week and the following week
have a def doctors depo this afternoon and apparently the def lawyer only provided him with like 70% of my client's records and his 10 page report is 9.5 pages of summary of the records and .25 pages of well she had preexisting conditions, please feel free to contact me in the future. i was also at his office two weeks ago for a depo of one of his partners hired by the same def firm. this should be fun
You know what's an absolute racket? The American Arbitration Association. I just paid a $7,700 filing fee and that doesn't even include the arbitrator's costs. Why on earth would anyone choose AAA over just going through a private arbitrator?
as a new associate, I get 10 hours a month until I reach my 3rd year. 10 x 12 = 120 hours, which equals 15 days. This includes sick days. Fairly flexible on working from home if you couldn't make it to the office.
They are just treated the same. Evidently they used to be separate, but they decided to forego the distinction.
That wasn't what I meant. Anywhere I've ever been has just adopted a "as long as you get your work done, we don't care" philosophy. I have always assumed that was the prevailing method.
I was in a deposition the other day and the defense lawyer, who is a partner, when talking with my client about sick days, mentions that with her firm she has a certain number of sick and vacation days. Blew my mind.
I guess I can't really say speak to whether it is abnormal or not. Of course what matters most is hitting your hours / work requirement. And I can see how most offices bypass the formality. I definitely did not blink when it was described to me. But obviously I am very green.
The first firm I worked at out of law school I had to finger print in and out so the head guy could see how long we were at our desks Apparently now its a 55 hour a week minimum and if you take time off you have to make it up on weekends/holidays
Which org would you recommend over AAA? Been a few months since I've looked into the different organizations and cost is typically a lesser factor than others (e.g., venue), but would be useful to know.
You don't have to go through an organization at all. There's plenty of independent people that can just be an arbitrator. Former judges, etc. This is only the third arbitration I've had, but we just used a local former judge for the first two. Saves thousands of dollars charged by the organization that don't even go to the arbitrator
She specifically referenced how many days she got. Unless she was just making it up to make question easier...
Another mediation story for y’all to consume in October def counsel said if you make a demand for $27k I will get it for you. I tell client and medical providers hey looks like I’ll have $ for you in 30 days A week later I get a letter from the adjuster offering $20k I call lawyer and email and am like wtf.... no response At mediation today and mediator made lawyer come in an apologize and now they’re trying to get me to take $25k I said absolutely not. Made me look like shit to my client and providers and now I’m paying $700 for mediator Def lawyer is like well I can’t go to the adjuster and say I promised him x. Was like well then why the fuck did you? I almost never get mad or take things personally but I am hot right now
it blew my mind to learn that there's quite a few places that don't take that approach. i kindly explained that i don't function very well in that sort of structure.
As a younger associate, I think it can be critical to do your desk work in the office. I give work to associates I see and with whom I interact. If I have a question about a case, I don’t want to have to find you or wait a day until you can pull that file because I’m calling your cell and you don’t have it with you at home.
Trying to get a CME set on a UM case. We agree on a date. Plaintiffs attorney files a litany of baseless objections and demands for a protective order regarding the scope of the cme. We set a hearing on the objections but I get sick and we reschedule the hearing for after the cme date. Plaintiffs attorney confirms to us 2 days ago that plaintiff will attend the cme regardless of the status of the hearing. Get a call from our CME doctor this afternoon asking where plaintiff is. Turns out plaintiffs attorney called her this morning and instructed her not to attend and didn't bother telling us. Instructing your client not to attend a UM cme when their policy literally requires it is just some real Galaxy brain shit.
As in you've instructed all 3000 not to do a CME or you've never instructed one of them to skip a CME?
Huh. They're pretty standard in Florida on all but the smallest cases. All UM policies in Florida from the big carriers have provisions that allow them to order as many cmes as they want. Have no idea why plaintiff's attorney feels the need to potentially get his client's coverage voided.