Lawyer thread

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

  1. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    I don't disagree with much of your post, but "good result" is just such b/s. For a lot of clients, a "good result" could be overpaying and making a case go away. How the fuck is that rewarding? Why does anything you do matter if your client is just going to throw money at any case that become an issue?
     
  2. wes tegg

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

    I've tried a lot of relatively high exposure cases. If you say "don't pay it," they normally don't.

    The not trying cases part really does blow. I can agree on that.
     
    bro and BamaNug like this.
  3. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
    Donor
    Alabama Crimson TideArsenal

    holy shit are we the same person

    other than the part about having a need to be liked by everyone
     
    Ray McKigney likes this.
  4. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    I realize that one day my mentality may catch up with me -- half-ass a case and then it goes to trial and we're behind the 8-ball. Even so, there's very little that can't be fixed in litigation, and the next time that happens will be the first -- in a decade of practice.
     
    Bricktop the white likes this.
  5. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    That's fair, and I'm sure high value cases get tried -- but I've never even been near one.

    A lot of trucking companies and insurers are scared of their own shadow.
     
    wes tegg likes this.
  6. wes tegg

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

    I would have tried far fewer if we didn't have contributory negligence. I fully recognize that.
     
    BamaNug likes this.
  7. Nelson

    Nelson Can somebody please get Ja Rhule on the phone
    Donor
    Nebraska CornhuskersDenver NuggetsDenver BroncosColorado AvalanceBorussia DortmundManchester UnitedColorado State Rams

    Litigation sounds horrible
     
    buy_dont_lease and Oranjello like this.
  8. wes tegg

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

    Peaks and valleys, gutters and strikes.
     
    buy_dont_lease, bro and Nelson like this.
  9. Nelson

    Nelson Can somebody please get Ja Rhule on the phone
    Donor
    Nebraska CornhuskersDenver NuggetsDenver BroncosColorado AvalanceBorussia DortmundManchester UnitedColorado State Rams

    ah, so legal practice
     
  10. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    $85k base. Between bonuses from me and case bonuses for the handful of cases she brought in last year she was over $250k
     
  11. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    One more thing that I believe is unique to insurance defense is bill auditors. Do they exist in other areas of practice?

    They have to cut bills to justify their own existence. If ABC Ins Co sends a legal bill to their auditor, and that auditor says, "nope, all good, pay this bill in full," do you think ABC will use that auditor again? Probably not. Thus, no matter how legitimate and honest your bill is, the auditor is going to find a way to cut it. This leads to a vicious cycle of "making up for it" in other areas, over-billing, only to have that over-bill audited, and putting us right back where we started. Only now, there is more stupid fucking paperwork to do on both sides.

    I realize some more professional clients pay their bills in full, but in insurance defense where quantity is valued over quality, everyone is pinching pennies wherever possible. The whole bill auditing industry is a crock of shit.
     
  12. 941Gator

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

    Interns can be a pain. Much of the work needed to be done is too advanced and the easy work would take longer to explain/assign then just doing it myself.
     
  13. Bricktop the white

    Bricktop the white Well-Known Member

    there's a reason why, in florida at least, every single big carrier is massively expanding their staff counsel operations. Ive also heard rumors of defense firms switching to flat fees for relatively simple cases (soft tissue rear enders, etc)
     
    BamaNug and Gallant Knight like this.
  14. bro

    bro Your Mother’s Favorite Shitposter
    Donor
    Tennessee VolunteersLos Angeles DodgersBuffalo BillsBuffalo Sabres

    I think we just became best friends
     
    buy_dont_lease and BamaNug like this.
  15. Ray McKigney

    Ray McKigney Feel my ubiquity
    Donor
    South Carolina GamecocksAtlanta BravesCarolina Panthers

    that’s great man. Good on you.
     
    colonel_forbin, wes tegg and bro like this.
  16. bro

    bro Your Mother’s Favorite Shitposter
    Donor
    Tennessee VolunteersLos Angeles DodgersBuffalo BillsBuffalo Sabres

    Have had my partners complain quite a bit about the auditing systems people are putting in place. God forbid you put the word research in any entry
     
    BamaNug likes this.
  17. wes tegg

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

    They're the fucking worst. They border on requiring you to breach attorney-client confidentiality in your time entries just to make sure you get paid for what you've done.

    Smart state bars will keep this from happening, too.
     
    buy_dont_lease, BamaNug and Nelson like this.
  18. Bricktop the white

    Bricktop the white Well-Known Member


    hey you're in the same repetitive hell I'm in.
     
    BamaNug likes this.
  19. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    I wish
     
  20. wes tegg

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

    North Carolina did.
     
    Gallant Knight likes this.
  21. Nelson

    Nelson Can somebody please get Ja Rhule on the phone
    Donor
    Nebraska CornhuskersDenver NuggetsDenver BroncosColorado AvalanceBorussia DortmundManchester UnitedColorado State Rams

    Ok I officially understand all of the concern over bonuses ITT
     
  22. dome foam

    dome foam ¯\_(ツ)_/¯
    Donor
    Texas LonghornsHouston AstrosHouston RocketsHouston Texans

    [​IMG]
     
  23. wes tegg

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

    That's not at all comparable to what the discussion was about. The context of the discussion was probably more in the realm of $80k - $120k salary and $5-20k bonuses.
     
  24. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    Like I've said, pay me $50-60K and let me bill like 1,000 hours/year from anywhere in the world. You'll get the exact same results and same work product. I've also been doing this long enough that I know what I'm doing, and that rate of pay is below my market value. But, I recognize that firms generally want to pay associates with the hope they turn into partners and generate more $$$

    I'm hoping this WFH helps my case in that regard. Right now my tentative plan is to approach my firm with this proposal sometime in 2021; but also need some back-up plans in case they tell me to fuck off. I've got a few feelers out there, just can't fully commit yet due to various life circumstances.
     
  25. bro

    bro Your Mother’s Favorite Shitposter
    Donor
    Tennessee VolunteersLos Angeles DodgersBuffalo BillsBuffalo Sabres

    blaze the trail nug
     
    wes tegg and BamaNug like this.
  26. wes tegg

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

    The problem with your setup in the first paragraph is that overhead isn't really decreased with a salary decrease. You still have to pay as much in malpractice insurance, all your benefits, support staff, etc. Even westlaw access is per attorney.
     
  27. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    I've thought about that. I'm willing to forego basically all benefits except for health insurance. I think overhead would be decreased in terms of no bonus, no raise, no 401(k) matching, little staff support needed (I mean fuck, I've been my own assistant for 2 months).

    But, on the flip side, it could bite me in the ass if I waive a bonus, but then end up having to bill well over the allotted amount for a year.
     
  28. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    I have zero experience in malpractice insurance -- there's no way the premiums are the same for full-time and part-time attorneys, are they?
     
  29. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    One thing that is going for me is the firm spent about $10K, once it was all said and done, to get me admitted in Oregon. I'm only the 3rd lawyer of 30 in our office admitted in Oregon.

    And I'm the technological go-to for FedEx and updating their stupid internal Dashboard required for all cases; nobody else knows how to navigate their set-up.

    Lots of ins and outs, lots of ups and downs.
     
    wes tegg likes this.
  30. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    I've also billed like 4 hours today so somebody give me a file number to throw down a good 2.5
     
  31. wes tegg

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

    I’d probably ask for an “of counsel” position with a la carte benefits you want and a % of revenue rather than salary and lessened hourly requirement. Set it at a lower % up to 1,000 then go up a little. That’s going to be an easier sell for them.
     
  32. wes tegg

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

    There’s almost no difference. Part time lawyers aren’t less inclined to commit malpractice.
     
    Z and Big Meech like this.
  33. bro

    bro Your Mother’s Favorite Shitposter
    Donor
    Tennessee VolunteersLos Angeles DodgersBuffalo BillsBuffalo Sabres

    I had a nearly unreasonable amount of work dumped on me today. So, I guess that’s a win.
     
    RJF-GUMP and Nelson like this.
  34. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    Right, but less of an opportunity to commit malpractice due to simply not working enough

    Just spitballin here. I guess car insurers don't dictate premiums based on mileage
     
  35. Nelson

    Nelson Can somebody please get Ja Rhule on the phone
    Donor
    Nebraska CornhuskersDenver NuggetsDenver BroncosColorado AvalanceBorussia DortmundManchester UnitedColorado State Rams

    Cuts a little too close to home rn

    7502489E-C18A-4AC5-AA7F-6AB99AED4E66.jpeg
     
  36. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    That's not a bad idea. Something like 25-33% of whatever I bill, up to 1,000 hours, then like 40% for all hours over 1,000.

    I'm still licensed in AL, just so you know.
     
    RJF-GUMP and wes tegg like this.
  37. SmoochieWallace

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

    Nelson likes this.
  38. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I don't usually have this many depositions. Last week on Monday I had the depo of my client's treating physician and nurse practitioner, client's physical therapist on Wednesday, deposition of a defendant in another case on Thursday, deposition of my life care planner and vocational expert Friday, then this Monday deposition of my liability expert, Tuesday was the 30b6 depo of defendant in a case, and today was deposition of my client in a major case. Had some substantive motions I had to file this week and last as well. I'm wiped out. Was supposed to argue a bunch of motions including summary judgment and in limine motions on Friday but I think the court is going to be closed and they are going to push that and the June 8 trial back.
     
    #10338 RJF-GUMP, May 20, 2020
    Last edited: May 20, 2020
  39. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    If you got PPP money and a paralegal leaves to go elsewhere, do you have to replace them to stay compliant for foregiveness? You didn't create the reduction in payroll....I would think the answer is no but we are in uncharted territory.
     
  40. Nelson

    Nelson Can somebody please get Ja Rhule on the phone
    Donor
    Nebraska CornhuskersDenver NuggetsDenver BroncosColorado AvalanceBorussia DortmundManchester UnitedColorado State Rams

    never seen a better real world metaphor for the One Ring, either
     
    SmoochieWallace likes this.
  41. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    It’s not a you are forgiven or not. It’s a sliding scale. If you use 80% of PPP on approved stuff you have to pay back 20% at 1%
     
    dome foam and Big Meech like this.
  42. Oranjello

    Oranjello Well-Known Member
    Donor
    Green Bay PackersNew Orleans SaintsGrateful DeadMississippi Rebels

    I think it’s covered in the FAQs or on the forgiveness app but get it in writing they’re leaving on their own volition and you should be good.

    If you have a reduction in headcount, the maximum amount forgivable is proportionately reduced, which can be significant for really small businesses. If you have 4 employees and fire 1, then the absolutely max forgivable is 75% of your loan amount
     
    Gallant Knight likes this.
  43. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    An observation regarding WFH: I have been so busy that I haven't had time to check my legal assistant's hours that works from home. My practice is 100% contingency, so I'm not concerned with billing hours. Therefore, checking hours is not something I'm used to having to do or spend time doing. I have one paralegal that works from the office currently because she is comfortable doing so. I know she's working hard. To some extent, I have no clue what my WFH legal assistant is doing and I'd have to tediously monitor her hours and work to determine if she is putting forth good faith effort. That is not ideal. This is another reason why I'll never endorse long term WFH.
     
    wes tegg likes this.
  44. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    We’re going back to the office on 6/1

    I needed more space so we are expanding into 1,800 square feet next door. Got a 5 year lease with a 3 year opt out and $1 less per sqft

    if you need more space now could be a good time to get it because commercial real estate people think they are fucked
     
  45. Big Meech

    Big Meech I like turtles
    Donor
    Clemson TigersJacksonville Jaguars

    Haha. We are basically doing this exact same thing. Back on June 1st. 50% of teh office in one day, the other 50% in the next (although everyone can come and go as they please)/ Also leasing the remainder of our floor.
     
    Gallant Knight likes this.
  46. (Z)

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

    Have gotten a couple of new wreck cases in last week. So seems to be picking up a bit. Thankfully.

    Had a capital murder case I was going to try at end of the year. No idea what happens with that now.
     
    #10347 (Z), May 21, 2020
    Last edited: May 21, 2020
    Craig Pettis and bro like this.
  47. dome foam

    dome foam ¯\_(ツ)_/¯
    Donor
    Texas LonghornsHouston AstrosHouston RocketsHouston Texans

    I'm in the same boat in terms of needing more space, but now is not the time. I am going to wait it out, only going to get worse.
     
    Gallant Knight likes this.
  48. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    We can only fit one more person in my office. I couldn’t turn down what is basically a 3 year lease for less per sqft
     
    wes tegg likes this.
  49. dome foam

    dome foam ¯\_(ツ)_/¯
    Donor
    Texas LonghornsHouston AstrosHouston RocketsHouston Texans

    Yes, it's a good deal and if necessary you gotta do it.
    It's just the tip of the iceberg on commerical real estate woes. Once PPP runs out, so many are fucked.
     
    SmoochieWallace and wes tegg like this.