I always laugh at the people who show up to inspections in a suit and tie. Like what are you going to inspect wearing that? only exception: if I’m knocking on doors at an apartment complex. Full suit and tie then.
More of an academic question because the conviction is so remote, but curious on the consensus here: Would you consider a felony conviction for burglary and subsequent violation of parole for a felon in possession of a handgun to be a “crime of dishonesty” for impeachment purposes?
And yet incest is okay! On a more serious note, this is a conviction that happened 40 years ago, and the dude has been clean since. But in responding to some requests for admissions I’m trying to avoid creating an issue where one need not exist.
I no longer have access to westlaw but if Hall v. Oakley, 409 So. 2d at 97 is still good law it seems that Florida basically adopted Fed Rule 609 which in turn doesn't treat burglary as a crime of dishonesty since it doesn't involve some element of deceit, untruthfulness or falsification.
Here, the case law focuses on a conviction that is “not remote,” which is generally 10 years post final adjudication (i.e., end of sentence/probation). I have had a dumb judge allow a really old non-felony conviction to be used in impeachment because the client forgot about it in his deposition (he actually admitted to a higher charge and got the dates wrong). So, I generally state an objection and then disclose it.
normally 10 years is the limit. shooting from the hip and my memory from law school, burglary doesn't seem to fit the dishonesty bill
my client's about to do her deposition--one of my associates cases while she is out on maternity leave. i've spent the last 45 minutes or so on this case. we sent a stowers demand last year--non texas lawyers this is similar to bad faith in that if its a reasonable demand within policy limits and they dont pay, the insurance carrier is basically going to have to pay any excess verdict. asked for depo dates for the defendant--looked at discovery and they didn't respond to some stuff, including criminal questions. dude is currently in jail for strangling his girlfriend with her 3 year old in the room. has 2 prior DWIs sent this follow up to asking for dates Looks like your client is currently in jail for strangling his girlfriend with her 3 year old daughter in the room, so I guess we will have to figure out something for the deposition. And 2 prior DWIs. Thank your adjuster for me for not accepting our Stowers demand!
It did. It was especially bad because my client was black and the plaintiff and her lawyer were white. We got a defense verdict.
love when dumbass chiropractor "experts" base their opinion on medicare guidelines. ok bruh you're getting struck. hope they paid you up front
Physical Therapist testifying at trial next week produced a functional capacity eval and medical cost projection and based his future treatment and lifetime costs (he is not a doctor) on worker's comp guidelines. if you want to get a chuckle, go to Amazon and search Spoiler Bra*d Pop*pie and check out his three publications. dude is slimy as hell. Yes, he is the guy with books about being an entrepreneur
Judge just laughed and was like yeah if you work for allstate then that’s what you signed up for. Sounds like the new lawyer was hired this week and has 24 trial settings between Monday and the end of March and the judge was just like yeah I don’t know what to tel you
Being an Allstate inhouse lawyer has to be the saddest existence of all time. imagine reading the same depo script 5 days a week
Got a case where there was a clear miss on an MRI resulting in a two year delay in diagnosing cancer. I mean, if I put the image up, my 11 year old son would see it. Radiologist has $250k in coverage, and the very large private equity-owned diagnostic center company claims they have $1 million in limits. My dude died a couple of weeks ago leaving behind a surviving wife and their 19 year old daughter. Defense counsel is himself a pretty nice guy, but his clients — or at least one of them — are fucking idiots. They denied the claim in presuit but asked their attorney to contact me before I file suit because “we think we can get this settled.” Buddy, what is there to discuss? The case is worth more than $1.25 million and the company is very very collectible. My position here is simple: you should be fucking begging me to take the policy limits and I’ll see if the client will agree. Otherwise, I’m treating this as a case where the policy limits are irrelevant.
That’s the plan. After 20+ years of defense work you’d think I would have known better, but I thought they’d put limits on the table out of the box and at least force my client to make a decision. This is a classic FAFO case.
not putting out limits ASAP on something like that is crazy. go hire some experts and take em for millions
A few years back Florida allowed companies to write consent policies for med mal. The carrier can’t tender limits if the client won’t consent. That’s a problem when you have an asset protected doctor, but not when you have a firm that owns over 1000 diagnostic centers nationwide.
Oh yea? Well I'm in a Zoom mediation right now, UIM case for Geico, with $25K in authority. This is the most important case in this adjuster's life. I'm having trouble feigning zealous advocacy. I only handle big cases.
I handle small defense cases all the time, I don't mind having that sprinkled into my normal workload. but the bolded part really pisses me off sometimes .
We've been going for three hours, haven't made an offer of $10K yet. Adjuster "wants to make them sweat." FML
But you get a percentage of the billing, and you’re probably wearing shorts right now. Sounds like life is actually pretty pretty good.
also driving to and from galveston this morning there was like a 2 mile stretch of road where a plaintiff firm bought legitimately 12-15 billboards would love to know how much that cost them
Reading don’t eat the bruises again. About to start making all of my clients go back to see the doctor before trial