Lawyer thread

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

  1. soulfly

    soulfly Well-Known Member
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    That’s fair. And I’m surprised that stipulation was even broached, because it largely gets ignored and nobody knows any different.

    Expressly prohibiting a stenographic record for court cases is an entirely different beast and could have massive ripple effects.
     
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  2. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    I've been surprised what carriers will pay for bad faith claims in the workers' comp context. They are pretty scared of it. It doesn't come up often for me , but when it does, it moves the needle way more than your usual facts. Have one right now where we are negotiating bad faith into the resolution of the underlying comp claim. They initially denied the claim years ago, then when I got involved I sent them some information indicating the claim should have been accepted, then they still denied the claim, then I set it for trial, now they said they are going to accept the claim but they just don't think they owe much.
     
  3. El Tiburon

    El Tiburon Well-Known Member
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    I don’t know what a permanent sciatic nerve injury leading to leg atrophy and drop foot in a 32 year old woman is worth, but I am very certain it’s not a number in the 5 figures. I’m just glad they didn’t offer binding arbitration, which would have capped my non-economic damages at $250k.
     
  4. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    I had a foot drop case from a pedicle screw injury during cervical fusion in a 70 year old. Settled for $250k. So adjusted for age maybe $500k?
     
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  5. El Tiburon

    El Tiburon Well-Known Member
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    I’m in South Florida and it’s a clear liability case. I want the full $1 million.
     
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  6. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    I was about to say, in a plaintiff friendly venue, it would change the value a good bit. I'm not sure how plaintiff friendly South Florida is, sounds like it's very friendly.
     
  7. Gallant Knight

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    car wreck case with same injury just got tried in houston and was a 350k verdict
     
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  8. El Tiburon

    El Tiburon Well-Known Member
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    In my experience, the underlying cause of the injury is a factor in the award. So, for example, a low back injury caused by a car wreck might get you a $300k verdict, but the same injury caused by a negligent surgeon will be with 2-3x that amount. One is seen as an “accident” while the other one is treated as a fuck up.
     
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  9. (Z)

    (Z) Well-Known Member
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    Absolutely. An accident, and failing to perform what you are hired/supposed to do are treated two totally different ways.

    Having to explain that to an insurance adjuster for a pharmacy right now. Gave client wrong medication. Made her sick for a few weeks. Keep trying to explain, that while maybe not a ton, there is a surcharge for a pharmacy messing up that way.
     
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  10. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    We run google ads for pharmacy malpractice claims. The claims are pretty much admitted liability claims. They typically are like $25k settlements because the injuries aren't catastrophic. Easy money though. And the carriers want to settle them pre lit.
     
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  11. (Z)

    (Z) Well-Known Member
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    This one is a little squirrelly because my client took the medicine back to them and let them keep it. :facepalm:

    They're trying to settle it but want me to take pennies. I don't mind trying cases, and this one won't cost me too much. I'm willing to just go take a shot before I take some minimum settlement.
     
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  12. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    Have a commercial vehicle death case in federal court with the federal settlement conference next Tuesday. The memo is due today. There's a $300k+ comp lien that's going to cause problems. And the comp carrier knows liability is a slam dunk so we have very little leverage to get them to reduce. Lame.
     
  13. El Tiburon

    El Tiburon Well-Known Member
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    I have one now against Publix and I don’t think they understand the level of deep shit they’re in with it yet.
     
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  14. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    Plaintiff has bad credit so buys a vehicle with terrible interest rate. They owe more on the vehicle than what he vehicle is worth. They have gap insurance. Defendant wrecks into them and totals their vehicle. Liability carrier pays the fair market value of the car and gap insurance pays off the note but the Plaintiff is left with nothing in their pocket and no vehicle. Plaintiff pays $5k down for a new vehicle so that they have transportation. Does Plaintiff have a legit special damages claim for the $5k down? Or is that just tough shit ? I've never had anyone that wanted to pursue this before or with this exact scenario.
     
  15. Gallant Knight

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    Tough shit imo
     
  16. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    Kentucky does this, then you have to pay to transcribe the video if you want it.
     
  17. Stagger Lee

    Stagger Lee Crazy. Sexy. Cool.
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    Transactions guys. How many times/week does this happen to you:

    1. Prepare an agreement using just a standard form, not expecting to really be charged anything because we are simply filling out a "form."
    2. Client sends you a piece of shit agreement that he pulled off Google or drafted himself and asks you to just quickly review and bless it.

    I've stopped responding to these emails. I'm basically at the point I consider this email as an automatic termination of any further attorney/client relationship.
     
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  18. CF3234

    CF3234 Fan of: Bandwagons
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    Today's mediation fun.

    OC and I are on the same page when it comes to resolving this case but the lit specialist needs to be brought along. He tells me off the record he has 15k in authority, I need to be at like 25k but he hopes that once everyone is in the zoom he can get the other 10. Do the whole song and dance and their final offer was 6.5k. 3 hours of my life wasted.
     
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  19. Gallant Knight

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    i would lean towards never mediating with that other lawyer again.

    if that happens where we mediate a case where there is a 0% chance i would take their offer, i either never mediate with that lawyer again or make them pay for the next one.

    has saved me a lot of wasted mediations with allstate and state farm over the years
     
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  20. CF3234

    CF3234 Fan of: Bandwagons
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    Oh both the mediator and OC are on my shit list. Nailed it with State Farm though.

    though his wife did go into labor like 30 min ago.
     
  21. bro

    bro Your Mother’s Favorite Shitposter
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    my suits are at the dry cleaners for my trial next week. forgot I have a scheduling conference in federal court tomorrow. what's the most casual you guys have ever dressed in court? thinking I might try to pull off dress khakis, a dress shirt, tie and blazer.

    Hoping for some funny stories
     
  22. (Z)

    (Z) Well-Known Member
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    I often wear slacks and blazer/sports coat to court. But that’s in state court in rural areas, and I do it on purpose. I’m just a poor country lawyer compared to these fancy, high paid insurance defense hacks. :laugh:
     
  23. bro

    bro Your Mother’s Favorite Shitposter
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    awwwww shucks!
     
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  24. (Z)

    (Z) Well-Known Member
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    Our firm bought a used Buick century years ago. We always drive it to trials. Shameless.
     
  25. Brandon Chicken

    Brandon Chicken Chow Time
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    Get the fuck out of here. That’s hilarious
     
  26. (Z)

    (Z) Well-Known Member
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    Nope. You try a case with me, we’re leaving your Lexus in our drive. :laugh:
     
  27. bro

    bro Your Mother’s Favorite Shitposter
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    I take the bus and hang my bus ticket out of my breast pocket!
     
  28. (Z)

    (Z) Well-Known Member
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    It was $2,000 with 25,000 miles on it I think. One of the best investments we’ve ever made.

    I also drove it for about a week when my truck broke down, and that on the other hand was humiliating.
     
  29. Brandon Chicken

    Brandon Chicken Chow Time
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    I drive a 4Runner that’s over 10 years old because I’m too stubborn to spend money on a new car when this one works just fine. But your point is well taken.


    When I was a young associate I was defending a pretty bad tram wreck case. Plaintiff’s counsel hired this expensive expert to conduct a video reenactment of the accident. They ended up not being able to use the video because you could see the lawyer leaning up against his Range Rover in his fancy ass suit talking on his cell phone in the background for the whole video. Pretty funny.
     
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  30. El Tiburon

    El Tiburon Well-Known Member
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    That’s why I wear seersucker suits with suspenders and a bow tie. I fit right in before a Miami jury.
     
  31. Gallant Knight

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    have a hearing on friday and i'm 100% wearing golf plants and a blazer
     
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  32. El Tiburon

    El Tiburon Well-Known Member
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    In the pre-Covid days, Broward County circuit court was wild AF during the summer with their relaxed dress code for hearings. Those people took casual way too far.
     
  33. electronic

    electronic It’s satire!
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    What was your final demand?
     
  34. Gallant Knight

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    not having to wear a tie to hearings would be so legit
     
  35. El Tiburon

    El Tiburon Well-Known Member
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    There was an in house lawyer for GEICO who looked like a stripper and would wear white tank tops with no bra, and white linen pants to motion calendar. I loved her.
     
  36. harvey birdman

    harvey birdman Ha ha! Last laugh.
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    When I was in court in Miami’s a few years back, saw an attorney wearing a a very large Scooby Doo tie
     
  37. harvey birdman

    harvey birdman Ha ha! Last laugh.
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    You’d wear a guayabera if you really wanted to win
     
  38. El Tiburon

    El Tiburon Well-Known Member
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    Put a cigar in the top pocket and Judge Rodriguez will rule in your favor 100 times out of 100.
     
  39. bro

    bro Your Mother’s Favorite Shitposter
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    I don't think they make skinny scooby doo ties. the cartoon tie market skews comically large.
     
  40. CF3234

    CF3234 Fan of: Bandwagons
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    30. I started at 35k I kept telling the mediator they know they need to make the jump into the teens or we aren't getting anywhere.
    I remember this girl. I remember having a 5ish minute convo with her when I was on the defense side and she was really chill.

    If its the attorney I'm thinking of, another chill guy. He only does pro-bono and public defender cases. Made a ton of money early in his career and then decided to give back the rest of his career after his son passed away tragically. Wears children's ties every day to honor his son.
     
  41. Nug

    Nug MexicanNug
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    I have a Zoom mediation on Friday, brought a cheap goodwill jacket to Mexico for this occasion - but forgot a button down. So going jacket over a grey polo.

    On top of shorts.
     
  42. Gallant Knight

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    For a mediation? I just wear jeans and a polo
     
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  43. Nug

    Nug MexicanNug
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    I fluctuate. Thought I'd fancy it up a bit.
     
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  44. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    have never heard of pants referred to as golf pants
     
  45. Gallant Knight

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    E6916721-2A1C-43A6-933B-56AB5441DAF3.png
     
  46. harvey birdman

    harvey birdman Ha ha! Last laugh.
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    Younger attorney in his 30s I think so probably not the same guy.
     
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  47. CF3234

    CF3234 Fan of: Bandwagons
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    Definitely not
     
  48. electronic

    electronic It’s satire!
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    Was ready to call you the asshole, but yeah, that’s garbage. Fuck that adjuster and fuck opposing counsel.
     
  49. CF3234

    CF3234 Fan of: Bandwagons
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    Naw. I played my part. Normally I start mediations at the full demand unless I’ve had an off the record convo like I did yesterday.
     
  50. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
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    If it’s not an actual court appearance, t-shirt. Court appearance, suit obviously.

    the practice of law is altogether too stuffy.
     
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