Lawyer thread

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

  1. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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  2. Oranjello

    Oranjello Well-Known Member
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    Will have to look at this tomorrow, as this is along the lines of what I was wondering. Thank you

    Agreed. The branch of the dealership is 4-5 hours away from where she is currently located, they want her to drive the 4-5 hours to their specific location rather than another branch of the same dealership because they’ll “give her a better deal,” but she doesn’t have any men she can get to go with her until late May and she doesn’t want to go back to the dealership solo and be coerced into buying a car from them. Hoping to say some magic words on a call or a letter, she drops the car off nearby and gets a check, and they go their separate ways. Highly doubt it’ll be that easy
     
  3. Oranjello

    Oranjello Well-Known Member
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  4. CF3234

    CF3234 Fan of: Bandwagons
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    Menendez v. Progressive Express Insurance Co., 35 So. 3d 873 (Fla. 2010)

    There is the case, but it only applies when suing your own insurance carrier.
     
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  5. Gallant Knight

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    lol so we got an email telling us that we are set #1 on tuesday next week. so, we assumed that we would start trying our case on tuesday. OC asked if we could start on tuesday because she has a commitment out of state over the weekend.

    but apparently there are two cases also set on monday

    i am so fucking confused and the court coordinator does not ever answer her phone.

    this makes no fucking sense.
     
  6. CF3234

    CF3234 Fan of: Bandwagons
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    know this feel.

    as of wendesday I was set for #8 on tuesday. By this morning the 7 cases in front of us had settled and filed notices of settlement. Do you think the court has emailed us to tell us we are #1? Nope. This judge also has specific instructions to NOT follow up and ask where you are in the docket. So even though we know we are going on tuedsay, we haven't been officially told by the court. Got to love it.
     
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  7. Gallant Knight

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    it's bullshit that they won't tell you where you are on the docket, but i get that if you're #8 and the seven ahead of you settled that you should go to the courthouse

    having multiple people show up ready to try their case and then to tell some of them to just go home is ridiculous.

    i asked the judge about it at docket call and his response was, well that's just part of being a trial laywer.

    what
     
  8. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    Some judges are part of the problem in the lack of civility between counsel.
     
  9. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
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    judges that have never tried a case are a problem when they are now overseeing trials
     
  10. Gallant Knight

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    telling multiple people to show up at the courthouse ready to try their case and then just telling some of them to go home is legitimately crazy
     
  11. Sammy Meatballs

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    had a judge tell us to just subpoena the witnesses for a full two weeks

    sure that will work
     
  12. Bricktop the white

    Bricktop the white Well-Known Member

    Just got an email from a guy i know at CSK, morgan and morgan has filed 25000 lawsuits in the last two weeks.

    Meatball ron's grand plan is going to obliterate the FL court system for forseeable future.
     
  13. Gallant Knight

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    filing 25,000 lawsuits because the rules are going to be the texas rules is funny to me
     
  14. Nug

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    This happens a ton in Seattle. I'd say about 50% of the time you're set for trial and show up ready to proceed, they just punt it for 2-3 weeks.

    Lifehack - don't go to trial
     
  15. Gallant Knight

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    i appreciate the harris county judges more and more. they all have like 2500 active cases on their dockets but generally since covid we are able to do everything on zoom and the only time you have to go to the courthouse is when you are actually going to try your case
     
  16. electronic

    electronic It’s satire!
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    There is no possible way that they could file 25,000 lawsuits without committing malpractice.
     
  17. Gallant Knight

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    why?
     
  18. electronic

    electronic It’s satire!
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    How many hours would you say it takes you to appropriately review a file and draft/execute a complaint?
     
  19. Gallant Knight

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    how many hours it takes me to draft a complaint? 10 minutes maybe

    i think if someone told me i had to draft 400 car wreck lawsuits in one week i could do it
     
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  20. electronic

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    10 minutes to appropriately review the facts/records/bills of a case and draft/execute the complaint?

    Even if that’s the case, which it isn’t, taking the position that there isn’t a single one of the 25,000 who wouldn’t be better served by not filing suit is crazy.
     
  21. Gallant Knight

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    I didn’t say that

    in Texas the pleadings are notice pleadings that can be amended as many times as you want. Generally my initial pleading facts section is something like: on x date plaintiff was in a collision with defendant. As a result of defendants negligence, plaintiff suffered bodily injuries

    and then we amend it after depositions

    so yeah ten minutes is about right
     
  22. electronic

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    Sure, but even bare bones stuff needs some review and work before getting out the door. I’m saying that the chances of getting 25k done in a short period of time is almost certainly a bad idea for at least some of the clients.

    If you assume that M&M only spent 1 total hour reviewing and drafting complaints, it would take like 200 attorneys an entire month to complete that doing nothing else. That shit is crazy.
     
  23. Bricktop the white

    Bricktop the white Well-Known Member

    Same in florida.
     
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  24. Gallant Knight

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    on a run of the mill mva no lawyer is taking an hour to draft a petition.

    i think the bigger issue tbf would be efiling all of them.
     
  25. Sammy Meatballs

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    You can accomplish a lot with a few hundred attorneys and a couple thousand support staff.
     
  26. electronic

    electronic It’s satire!
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    This is dumb. I’m not talking about only the practice of dictating the words. I’m talking about the work necessary to make sure your complaint is necessary and accurate to the facts of the case (including getting your client’s consent).

    The time necessary to draft and file 25,000 complaints is a big number.


    If that’s even remotely close to being true, M&M’s competitors in Florida should start running ads in 6 months asking people if they’re unhappy with their representation or feel like their cases have been rushed or not worked enough. Also, I bet the defense bar is about to respond to 25,000 complaints with the most overburdensome discovery requests of all time. 100 rogs, rfps, and RFAs per case would be essentially 2.5 million responses due 60-90 days from today.
     
  27. Gallant Knight

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    Seems to me that the defense bar would be pumped? Instead of a bunch of those files settling pre lit now they’re getting to work them up?
     
  28. electronic

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    Of course. Best news for them for sure.

    Still, what happens if a significant number of those complaints come back with lots of discovery, motions, deposition notices, etc? Seems like this could go very poorly for M&M.
     
  29. Gallant Knight

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    crazier thing to me is that they have 25000 cases that were pre lit. that is so fucking many
     
  30. Gallant Knight

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    and that's just in one state
     
  31. electronic

    electronic It’s satire!
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    If they have 500 attorneys in fl, all of their attorneys just got 50 new litigation files.
     
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  32. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    I am always the out of town attorney. Can’t tell you how many times I have had to fly for a fifteen minute hearing that the judge doesn’t even attend.
     
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  33. Gallant Knight

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    their paralegals did for sure
     
  34. Sammy Meatballs

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    it’s not just morgan that did this

    newlin did

    probably lots of others
     
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  35. Sammy Meatballs

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    The Florida state court system is about to be an absolute black hole.
     
  36. harvey birdman

    harvey birdman Ha ha! Last laugh.
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    Plaintiff’s counsel would just file a Motion for Extension. Even if the defense counsel objected, matter wouldn’t be heard by the court for at least a month at the earliest.
     
  37. Gallant Knight

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    does florida allow in house salaried insurance lawyers?
     
  38. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    This happened in Ohio in 2005, then the courts ruled that the tort reform did not violate the retroactivity clause of the state constitution and everyone who filed early still was subject to the new statutes.
     
  39. harvey birdman

    harvey birdman Ha ha! Last laugh.
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    Believe so. Isn’t that what Bricktop the white did?
     
  40. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
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    yes
     
  41. electronic

    electronic It’s satire!
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    25,000 motions for extension. Sounds lucrative.

    Honestly, this all sounds like a defense counsel’s fever dream. This is going to gum the system up so much that insurers are going to start offering pennies on the dollar because trials aren’t ever going to happen, but defense attorneys can bill the shit out of these files.
     
  42. harvey birdman

    harvey birdman Ha ha! Last laugh.
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    Insurers will just lower the attorney fee rates they pay or threaten to pull their file to another defense firm.
     
  43. Sammy Meatballs

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    nothing says you have to serve them.

    I’m not defending the decision, because I’m extremely familiar with who made it, but it’s more manageable than it appears.
     
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  44. Bricktop the white

    Bricktop the white Well-Known Member


    Yes, but theres not too many of them. Geico shuttered most of their smaller offices during covid. The major carriers have offices in the big metros with anywhere from 10-30 lawyers.
     
  45. Bricktop the white

    Bricktop the white Well-Known Member

    I feel like this is the moment where the defense firms should put the screws to the carriers. There's about to be more work than anyone can handle unless they plan to massively expand their staff counsel operations.
     
  46. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    They’ve already reviewed the facts/record/bills. These cases are far better served filed than trying to negotiate within low limits.
     
  47. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    And, having done both, there is almost never a case that’s better off not filed. If it’s not a turndown, file it. Negotiations presuit are designed to fuck you.
     
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  48. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    And, finally, waiting for the law to change such that your max recovery is reduced by an exponent is far closer to malpractice.
     
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  49. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    Agreed. In a simple non commercial case with one plaintiff and one defendant , takes like 10 minutes maybe 20 tops.