Still haven't spoken with the client. Insurance company is desperate to settle this claim because the judge scheduled a CMC for next tuesday where attorney's and clients need to appear in person. And I've got crickets...
The most appreciate people I have are the ones who get like $5k the least are always the ones getting the most and/or lower middle class white stay at home women
The folks with the biggest and most meritorious claims are usually the easiest or best to deal with. Many of them don't call my office non stop or ride my ass over minor issues. The folks that are faking, have small claims, malingering, bullshitting, and out for secondary gain are typically the biggest pains in the ass over small amounts of money.
oh absolutely. I have a client currently serving federal time for mortgage fraud who has her sister (who is about to do federal time for the same crime) call me weekly asking for updates on their bull shit cases. I've put these things so far on the backburner, they have frostbite.
well when you run a scheme where you apply for a mortgage under a shell corporation, don't pay the mortgage, then when the bank is about to foreclose, you sell the property to another shell company owned by a family member who also takes out a mortgage they have no intention of ever paying, then keep repeating the process with multiple properties, uncle sam is going to take exception.
ok yeah i get it was like holy f if they just lied on a mortgage application or said an airbnb is actually a second home then there should be a lot of worried people
So in researching sanctions (including striking the pleadings) for lying during a 30(b)(6) I came across this gem: https://www.govinfo.gov/content/pkg...-02052/pdf/USCOURTS-laed-2_18-cv-02052-13.pdf It's never good when a federal judge writes this: The procedural history surrounding Plaintiffs’ efforts to obtain Rule 30(b)(6) depositions and meaningful depositions of the principals, the Esmails, is, to say the least, tortured. That history, replete throughout this record and including developments brought to the Court’s attention in this motion, establish a pattern of avoidance and dereliction by Defendants of their most basic discovery obligations. This recent Rule 30(b)(6) episode is just the latest chapter. Unfortunately, it appears that no amount of forbearance by this Court can reel Defendants into the place they have needed to be in from the start – nor has the procession of new lawyers advising them been able to convince Defendants of the importance of complying with the rules.5 I can only hope the ruling on these motions once and for all changes that.
I have a client refusing to go to an opposing party's IME, so I'm "fighting" for her to not have to go. She was scheduled to go before and they canceled so we could try to mediate. Since they canceled, why should she have to go now? She's not playing their games!
"They have a statutory right to have you examined by a physician of their choice." Case closed. But I get it, have to act like you're doing something for them. At the same time, I wouldn't put up with that nonsense. When I have clients complain about EME or IME I just tell them it's how it works and they 100% have to do it. Never had one still refuse. If they did I'd just withdraw .
I have a comp case where Shunnarah represnts my client in a personal injury 3rd party case relating to the same incident. Plaintiff lawyer took the deposition of the treating physician in the 3rd party case today. Comp carrier sent their lawyer to it although he didn't ask any questions. Comp carrier didn't even bother to let me know. I find this highly irregular. Almost seems like ex parte contact with my client's treating physician. It is really sleezy for opposing counsel in my case to know the deposition is occurring, know questions about causation and damages will be asked, know I'm not going to be there, and still let the depo go forward.
Had a hearing this morning with this dude who went to law school late in life and hung his own shingle. I think he pretty much only does real estate closings, but he teaches contracts at the unaccredited night school where he attended and is super arrogant for a 60 year old dude who has been practicing 7 years. He started his argument reading the standard of review for a 12(b)(6) motion. Judge interrupted him and said, "yeah, I know. Move on."
Legal in Alabama. But, yeah, that's shitty for him to attend the deposition without you knowing about it.
update. Her demand gets higher every time I talk to her. She's got an absolutely sweetheart offer on the table that puts 80k in her pocket and her answer is no. Now she wants 85k. Her reasoning, "you're the expert, go make them pay it"
Another reason I'm doing 99% administrative law cases now. KY has made it so easy. If you want a lump sum, you have to settle. Judges can't give a lump sum, so I tell clients fine, we'll try the case, but you won't get a lump sum, only X weekly for 425 weeks. Works every time.
Friday was my last official day of working with my now former firm. My partner was such an absolute fucking cocksucker and said shit to me that has had me stewing all fucking day. Of course, he said it five minutes before I had to cover a Zoom hearing so I had to go into my office before I could respond and then avoided me the rest of the day. Then like a dickhead he says he doesn't have time to wait for me to clean out my office so to meet him at the office at 10:30 AM today to grab the last of my shit. I texted him at 10:30 and he says he's "out with friends" and will let me know when he plans to be at the office. He doesn't have any fucking friends because he's a fucking asshole and is universally hated. If I manage to leave the office today without a physical altercation it'll be a minor miracle.
I don’t need him there. He’s just a petty, small-minded prick and if anything it’s going to be awkward for him. It’s not awkward for me at all because I don’t give a shit.
Congrats on making 3x what you currently make while working 1/2 as much. Best decision I ever made and I’m sure you will feel the same soon enough. Good luck
So the good news is there were no fisticuffs today when I cleaned my shit out. The bad news -- or really kind of irrelevant to me news -- is that it went about as badly as it could have been short of fisticuffs. My last words while walking out the door were, "You can stop talking now because I no longer need to hear any of your bullshit. Fuck off!"
Just wait until your first case against him and he has to see that you are taking 50k in fees on the settlement.
Leaving a firm is never fun. I'm sure plenty of people do it amicably. I've only done it once, and it was an absolute shit show.
This was a 100% unnecessary shit show and really speaks to my partner's own insecurities more than anything else. Was I happy there? No, for lots of reasons. Was I actively shopping my resume around? Also no. I had been approached by both plaintiff and defense firms several times in the last year and despite my unhappiness I turned them each down for various reasons. Then a very unique and potentially very lucrative opportunity fell in my lap. That's it. That's the true story. But he and his wife are extremely toxic people and they couldn't accept that, so they each convinced each other that I set out to sabotage them and was simply an ingrate "after all they did for me" and then decided to try the old gaslighting approach. The fact that they don't believe I was actually specifically targeted and recruited for the role says a lot about what they think of me, and their attempts to make me the bad guy says they are very self-conscious about their own shittiness. Fuck them. Onward and upwards!
Interviewed. Got a verbal offer with the firm pursuing hard. Told them to pump the breaks while I spoke to contemporaries. Ran into a law school classmate I’d be working closely with at a concert tonight. He proceeded to brag about the sophistication of their practice while, in the same sentience, asking me what certain words meant. He then dropped that he bills 2,400 hours a year.
Yep. Had the surviving husband threaten to kill an ex-girlfriend who wanted to testify that he confessed to basically forcing his deceased wife to OD on pain pills. Tremendous shit show.
I had a medical malpractice case where during trial. County Commissioner comes in and sits with Doctor's family. We take a break, he then comes and makes a big showing of hugging Defendant doctor. Then he starts waving and winking at jurors.
I'm working on this Rule 60 motion on that case where they disclosed stuff after the Rule 59 motion was filed after they got MSJ. Sounds like the 30b6 just covered up the previous incident from the carrier and lied in her rogs and 30b6. That wouldn't trigger a denial of coverage or separate counsel correct? 60(b)(1) is fraud /misrepresentation. I'm going through the factors in my motion. Made me wonder about coverage and separate counsel. Doubt the judge will grant my motion based on fraud but instead under 60(b)(3) "newly discovered evidence."
I just spent 5 minutes trying to read an email I received from the adjuster. It was in their encrypted system so it was super complicated and secure. Email IT to release the suspicious email link Go to the encrypted link and I have to create an account to read the email Oh but now we emailed you a code…tell us what it is! I didn’t get the code…please re-send the code. Nope, you have to wait 3 minutes before we’ll send it again. *sigh* Okay, now send new code. Get code. Finish registration. Go to read adjuster’s email. “Thank you for your email. I will be out of the office until 8/12. If you need assistance, please reach out to…” It was a fucking OUT OF OFFICE response.
lol. I've had the same bs experience. I just tell them I can't open them so send it to me somehow else. Not putting up with all that bs. They want you to create an account and password and jump through 10 hoops to read a fucking email. Nah dawg I'm good on that.
A question was posed on our plaintiff's bar ListServ about companies mandating vaccinations and it has predictably turned into a shit show. Some old guy is off the rails and sending emails in all caps about border security and the number of undocumented immigrants with COVID coming across the border.
nothing like billing all morning for depo prep when you are pretty certain a settlement will be reached. then negotiating all morning. and then settling 20 minutes before the depo, freeing up the afternoon.
Today is one of those days where I honestly don’t want to practice law anymore. I’m so fucking tired of defense attorneys and adjusters being pricks for literally zero reason. I hope they all get mildly convenienced this evening.
My firm is probably shutting down my office/location by the new year. I've been solo running an office using remote staff from our other offices for admin tasks. I'm settling & winning cases, but they're "growing" quicker in one of our other locations, and need someone else that can handle the load when in-person starts back. Would have been nice to know before they signed off on my fucking mortgage 2 months ago.
I have a case where a plaintiff filed right before the SOL, but in time. Older Pltf and she is in the hospital with unrelated injuries, so we entered into a 6-month stay because she can't participate in litigation. Adjuster approved, Pltf Counsel signed sworn declaration, Court granted the order, and we'll re-convene in January. New adjuster wants us to lift the stay and force Pltf to litigate. Thinks she is faking "because her case is shit." OK dude, right on that.