Lawyer thread

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

  1. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Would also quit before I'd file a 593 page motion. Also the fact that it was some pre lit administrative law thingy makes it worse.
     
  2. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    No judge, much less an administrative law judge, is going to read that shit.
     
  3. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Comp guys , when you have a client get released and his TTD checks become PPD checks, do you take a % on that? I'm going to put in my contract that PPD payments will be considered part of their settlement and we will be taking a % on that. Client claimed we couldn't take a % on PPD checks recently. First time I've ever had that happen.
     
  4. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    We finally have two associates that I can delegate work to. Both are mid-20s associates less than 2 years out of law school.

    I don't wanna be mean, because I had to cut my teeth as well, but their work product so far leaves a lot to be desired. In the past 2 weeks, one has sent me a 20 page Motion to Compel on simple overdue discovery responses (generally just a 3-4 page form Motion), and the other copy/pasted our attorney-work-product litigation report into an MSJ -- which included all of our vulnerabilities and evaluation of exposure.
     
  5. wes tegg

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

    I’m not great at delegating for that reason.
     
  6. (Z)

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

    :roll:

    This is really why there should be some sort of required clerkship at local law firms during law school where you get experience doing this type of thing. Much more meaningful for practice than law review.
     
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  7. (Z)

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

    Was it 20 pages of text or was it all attachments where y'all had reached out to get responses?

    I don't think I've ever filed more than 2-3 motions to compel discovery that were longer than 2 pages.
     
  8. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    It was basically a compendium of the rules of discovery in WA, with references to Federal Discovery rules, and seeking sanctions (and a similar legal analysis of why sanctions are warranted because we've meet and conferred twice instead of only once).

    Kid's ruthless, my boss will love him.
     
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  9. wes tegg

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

    I could forgive the motion to compel. Inexperienced should err on the side of overworking. The combination of laziness and just not getting it required to copy/paste a privileged report would really stick in my craw.
     
  10. (Z)

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

    Both pretty bad, but I agree.

    Why would a discussion of weak points and exposure have any place in a MSJ?
     
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  11. wes tegg

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

    I would laugh my ass off if I got a 20 page motion to compel overdue discovery. Cool your tits bro.
     
  12. (Z)

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

    Better have a compel already signed and violated before you start asking for sanctions too.
     
  13. BUstang

    BUstang Lawyer

    Young lawyers rarely understand the overwhelming value in succinct well-written motions. It never occurs to them that most humans would prefer to read two pages than twenty.
     
  14. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I filed a long motion to compel after a deposition where the lawyer instructed his client not to answer tons of questions. My favorite was "I instruct the witness not to answer that because I don't know the answer to it."
     
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  15. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    They have even less understanding of the value of picking up the phone and talking to opposing counsel.
     
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  16. BUstang

    BUstang Lawyer

    Defense bar who does PI - how do y'all feel about pre-litigation/early litigation settlement demands on cases with gut liability and big injuries? Do most carriers default to "we need to do more discovery" or does papering the file with a demand early on help promote resolution? I go back and forth on this and have not decided if its effective to start sending demands early on and continue to supplement as the case develops versus sending one demand after the majority of necessary discovery is completed.
     
    #13316 BUstang, Jul 27, 2021
    Last edited: Jul 27, 2021
  17. wes tegg

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

    I think it helps to send the demand early. Most claim handlers are pretty lazy, so if you can do their work for them on the front end, they're probably going to put more on the file. Otherwise, they may make a really bad evaluation early and make it difficult to come off of later.
     
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  18. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    Setting aside med mal because it’s a different animal, in my experience it’s highly variable by carrier. In years past I did work for some carriers that were dying to settle everything as early as possible and that would have been very helpful. Others get sticker shock at an early high demand and want you to investigate the shit out of it.
     
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  19. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    That's always what I've heard -- it's usually better to try to get the reserves set high early and get it in the hands of an adjuster at a higher level.
     
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  20. wes tegg

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

    True, but from my experience they will still set reserves in an appropriate place so it doesn't require an act of congress to get sufficient authority once the investigating is done.
     
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  21. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
    Donor
    Alabama Crimson TideArsenal

    I used to think the latter.

    now I'm way more the former.

    I'm sure Georgia's bad faith law is much better than Texas (and definitely Alabama) but on a lot of cases I'll just keep sending demands and a lot of times they get higher. Every time a depo goes badly for them or we get some new evidence, I try to send another demand. Even if it's just "This is your 5th opportunity to do the right thing and pay your policy limits."

    I started doing it more as I got a smaller case load where I was able to do a more thorough presuit workup and because I felt like a few of my cases were dragging along because the idiot attorney on the file wasn't giving a fair representation of what was going on to the adjuster.
     
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  22. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
    Donor
    Alabama Crimson TideArsenal

    I'd like to make a prediction on how this ends up going -

    The kid pulls this in the wrong case and ends up on the wrong side of someone like Morgan Adams who proceeds to burn him alive.
     
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  23. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    No way my signature and bar number gets put on something that absurd.
     
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  24. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
    Donor
    New York GiantsNew York YankeesAtlanta UnitedUCF Knights

    Went out for a one week "vacation" last week (still worked a fair bit throughout), and now I'm back in the office, swamped, and my paralegal set up four fucking deposition this week (one every morning tuesday-friday). I want to die.
     
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  25. BUstang

    BUstang Lawyer

    I am going to give it a whirl on this one.
     
  26. Lawnole23

    Lawnole23 FSU Seminoles 2020 National Champions
    Donor TMB OG
    Florida State SeminolesTampa Bay RaysTampa Bay BuccaneersTampa Bay Lightning

    Had a hearing on my Motion to Dismiss recently. Opposing counsel filed a comp claim that clearly should be dismissed. At the hearing, he was blatantly lying to the Judge about the facts of the case. I filed post-hearing exhibits just to show the Judge he was lying to the Court. Waiting on an Order but deciding if I want to file a Motion for Sanctions against him. Issue is comp in central Florida is a small world and we regularly have cases with the guy.
     
  27. harvey birdman

    harvey birdman Ha ha! Last laugh.
    Donor
    ArsenalFlorida Gators

    Send him a 57.105 letter to force him to withdraw comp claim.
     
  28. wes tegg

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

    I felt like BamaNug 's associate yesterday. I had to file a 5 page motion to continue.
     
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  29. Lawnole23

    Lawnole23 FSU Seminoles 2020 National Champions
    Donor TMB OG
    Florida State SeminolesTampa Bay RaysTampa Bay BuccaneersTampa Bay Lightning

    A bit complex.

    Damn it accidentally deleted everything I typed ain't typing all of that again.
     
  30. dome foam

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

    Not even mad, that’s impressive.
     
  31. wes tegg

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

    The judge is a real stickler for her scheduling order, so her first inclination is to deny any motion to continue. My client was amended in less than 90 days before trial, so I had to lay out a timeline of all of the shit that happened before we got involved and then explained how we were prejudiced having to do all the shit we have to do in the next few weeks.
     
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  32. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
    Donor
    New York GiantsNew York YankeesAtlanta UnitedUCF Knights

    I'm fairly certain the in house defense attorney is wearing a bath robe for our deposition. I'm really digging the idgaf energy she's bringing to this thing.
     
  33. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
    Donor
    New York GiantsNew York YankeesAtlanta UnitedUCF Knights

    Update on my deposition experience this morning:

    1. Defense attorney wearing a bath robe

    2. My client is Bosnian and him and the translator are screaming at each other.

    3. The court reporter was just throwing up everything she's eaten in the last freaking week. She requested a five minute break and then forgot to mute herself while she ran to the bathroom and just wretched all over.

    4. Lots of fun not so subtle Chinese racism because the Employer is a Chinese guy who took him to some fake Chinese doctor on Buford Highway after he fell 15 feet and lost consciousness.
     
  34. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Has anyone ever heard of the Feds paying on a claim and settling a case pre-lawsuit? I know it's a completely pointless exercise, but I'm basically writing a law review article over here because of so many novel legal issues.
     
  35. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Depends on what branch of the feds you are dealing with. We've settled VA med mal claims multiple times pre suit. Presuit you're dealing with general counsel for US Department of Veteran Affairs. The lawyer is going to be in DC. Once suit is filed of course it gets sent to the DOJ/ US Attorneys office . The presuit authority from general counsel goes out the window as well. The USAs office completely gets to override whatever the DC lawyer thought. Both the ones we settled presuit were clear cut medical malpractice cases such as retained instruments.
     
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  36. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    This would basically be a FTCA case, so I'd be dealing directly with the DOJ.
     
  37. BUstang

    BUstang Lawyer

    One week until I fly out to Colorado with the family + nanny. Literally cannot wait.
     
  38. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    What do people in here usually wear?
     
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  39. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
    Donor
    New York GiantsNew York YankeesAtlanta UnitedUCF Knights

    For Zoom? Polo shirt, workout pants.
     
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  40. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
    Donor
    Ohio State Buckeyes

    Back when we used to file things in paper, we had a federal judge who required a courtesy copy of anything filed. For non-dispositive motions, he had a standing order setting a 10 page limit.

    I had an oral argument where opposing counsel wrote a 22 page brief.

    The judge made a point of counting the first 10 pages, tore the rest of the brief from it, and threw it in the trash in front of counsel.
     
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  41. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    Judges are possibly only rivaled by texas high school football coaches in their belief in their own self importance. As a general rule I hate all of them
     
  42. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    She just petitioned the Court for a "late August/early September 2021" trial date. She filed in July 2021. Her discovery responses aren't even due yet.

    ugh
     
  43. BUstang

    BUstang Lawyer

    I can petition Scarlett Johansson to be my wife but we live on planet earth not fairytale land. I'm really looking forward to the train wreck that case is about to become.
     
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  44. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    already tried with scarlett she respectfully declined fml
     
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  45. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    all the med mal VA cases are FTCA. Depending on the branch of the government you are dealing with, you may not be dealing with the DOJ first. Eventually if you can't get it resolved presuit then you will be dealing with the DOJ
     
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  46. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I definitely get what you are saying and I agree. But there is usually a reason why judges have so many rules or are strict. Usually it is because they have lawyers that will try to get away with anything and if you give them an inch they take a mile. At the same time there are also plenty of cool judges that were practitioners and try to just resolve issues without being self important.
     
  47. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    about as common as a unicorn
     
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  48. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    I guess that means you're safe from that class action. That's a win IMO.
     
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  49. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    i had to deal with an 8 year lawyer at norton rose fulbright over that interior design case. she treated this interior design thing she was handling for a friend with the importance of like a 100 billion dollar case.

    she kept threatening to file a lawsuit and eventually i was just like ok go ahead. i looked at the district clerks website and she literally had one pleading with her name on it with 4 other lawyers.

    turns out she didnt actually want to file a lawsuit.
     
  50. Ray McKigney

    Ray McKigney Feel my ubiquity
    Donor
    South Carolina GamecocksAtlanta BravesCarolina Panthers

    wtf. Did she just hang a shingle right out of law school? I can’t imagine any supervising partner would allow such stupidity.
     
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