Lawyer thread

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

  1. Jax Teller

    Jax Teller Well-Known Member
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    This one won't be cluttered by my questions.. .except one.

    Is it legal to make inmates only use phone cards purchased at $20 a pop from the jail commissary? Like we can't send him a phone card in the mail.
     
  2. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
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    STOP GETTING YOURSELF LOCKED UP. FUCK.
     
  3. Jax Teller

    Jax Teller Well-Known Member
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    I have responsibilities to the club man.

    No for real though, we're leaving my friend to sit there until his trial. Just thought it was funny that they told him he can only use phone cards purchased from the jail (which I'm sure is a for profit place) and that we could not send him one.
     
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  4. 941Gator

    941Gator TMB's resident beach bum
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    inmates forfeit their rights. For example, they do not have the right to counsel in a media/television interview on site.
     
  5. Bo Pelinis

    Bo Pelinis WE GO HARD ON EARTH
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    [​IMG]
     
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  6. Jax Teller

    Jax Teller Well-Known Member
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    I understand that, just feels like a scam to force them to buy $20 phone cards from the jail that last maybe a week. Also they charge $6 for a roll of deodorant apparently.
     
  7. CoastalOrange

    CoastalOrange Well-Known Member
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    To add to this, they also charge some unGodly amount per minute of you're calling long distance. We got around that by picking a Google voice number that was local to the area and when the person wanted to call they would call the local Google voice number making the charge by like 6 cents per minute vs around 60 cents per minute.
     
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  8. Jax Teller

    Jax Teller Well-Known Member
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    Going to have to do that.
     
  9. Tilly

    Tilly Souf Cack
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    I'd send some hot shots into the prison so a few prisoners die. Then plant some of the drugs in a dick CO's car and have your buddy "help the investigation" by pointing out the CO.

    Then everything's straight. Buddy is out his first parole hearing, no problem.
     
  10. Tommy Callahan

    Tommy Callahan Well-Known Member
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    Where did you get your JD?
     
  11. Jax Teller

    Jax Teller Well-Known Member
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    American Samoa, at night while working in the mail room.
     
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  12. gatorfromiowa

    gatorfromiowa only UF commits have committable offers
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    Had something like 260 hours in March...fun stuff.
     
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  13. Z

    Z Well-Known Member
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    Our firm handles some capital defense, and in a trial we have coming up in May, the District Attorney is seriously trying to argue that a post-arrest confession of a Co-Defendant is definitionally not hearsay under the co-conspirator exception to the rule. I can't really wrap my head around how ludicrous of an argument this is. He thinks if the confession tells of statements and actions that he did during the conspiracy and in furtherance of the conspiracy, then he can just have the police officer who took the statement get on the stand and read it. :blowup:
     
  14. colonel_forbin

    colonel_forbin Well-Known Member
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    Listen to this pickle I'm in.

    So, being a member of an LLC and having an ownership interest in an LLC are two separate things. Members can sell their ownership interest, but whoever buys that interest cannot participate in the direction/oversight of the LLC. That makes sense - you don't want a member in an LLC to sell his interest and then the other members have to listen to the opinions of whatever jabroni bought in. So the ownership interest is transferable, but the direction/oversight interest is not.

    You can lose your direction/oversight interest, called being "dissociated" as a member in many ways. One of those ways is when you file bankruptcy. Once you file bankruptcy, then your directional/oversight interest is gone. Whoever buys your interest in bankruptcy proceedings does not have direction/oversight rights, he is only entitled to the distributions that the transferor would otherwise be entitled.

    However, when there is only one remaining member with direction/oversight interests, that sole remaining member does not lose his direction/oversight rights even if he files bankruptcy. But what happens when the sole remaining member (who doesn't have an ownership interest anymore), declares bankruptcy, doesn't know he's still the only person with directional/oversight rights, hasn't been participating in the business for two years, and the business has been run by people who don't actually have direction/oversight rights?
     
  15. ARCO

    ARCO I'm too seasoned homie
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    Plaintiff's attorney out in Colorado. Have a huge garnishment going forward in Federal Court out here, and Defendant is absolutely screwed. We are going to triple the underlying judgment pursuant to the bad faith statute.

    :feelsgoodman:
    it's just absolutely shocking what the attorneys on the other side did to get to where we are now.
     
  16. Tilly

    Tilly Souf Cack
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    Actually heard oral arguments about something like this in our supreme Court a week or so ago. Basically the Defense attorneys fucked up the defense and the Attorneys had deeper pockets than the defendants. Defendant assigned his malpractice claim to the plaintiffs so they could actually collect. Pretty ridiculous scenario and it doesn't feel right to me from a policy perspective, but brilliant means of collecting.
     
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  17. ARCO

    ARCO I'm too seasoned homie
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    We filed without knowing about Defendant #2. They disclose Defendant #2 (who is an insured under the policy) with their Initial 26(a)(1)'s. We amend and add him as a Defendant, serve, Default... Default judgment with damages hearing about a year later... huge judgment. Come to find out defense knew about him all along, in contact with this defendant and instructed him not to answer or do anything, etc. Now in the garnishment, we have a sworn affidavit from this guy confirming all of this, and an assignment... just blows my mind.
     
  18. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    I've done just over 230 once and thought I was going to die.
     
  19. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    The bar exam is too easy. Good to see some consequences for incompetence and/or unethical conduct.
     
  20. gatorfromiowa

    gatorfromiowa only UF commits have committable offers
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    Had a few 14-16 hour billed days in there and felt like I worked every weekend...wasn't great but at least the work is interesting. At a little over 170 in April already. Doing this with a girlfriend/wife/kid would be quite the challenge.
     
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  21. CraigAnne Conway

    CraigAnne Conway Putting that ball into the basketball ring
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    Who is the worst lawyer on TMB?
     
  22. BamaNug

    BamaNug GUWOP
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    I've gone over 200 twice and both months were miserable. One was for trial prep, which is understandable, the other time just had a lot on my plate.

    I cannot fathom 260. That's just silly
     
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  23. BamaNug

    BamaNug GUWOP
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    Yall need to read this. Holy hell
     

    Attached Files:

  24. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    [​IMG]
     
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  25. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
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    I love how, after arguing that Federal law is irrelevant because blah blah blah reasons, she goes ahead and invokes Federal laws to support her position.
     
  26. gatorfromiowa

    gatorfromiowa only UF commits have committable offers
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    Just found out I'm gonna be in NYC for 2 weeks to work on a class action. Pretty excited. Have family and law school friends there and will be nice to get out of my office/Chicago for awhile.
     
  27. Tilly

    Tilly Souf Cack
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    Sovereign citizens are the best.
     
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  28. BamaNug

    BamaNug GUWOP
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    Cant imagine youll have much free time if theyre sending you there to help out...especially given those numbers youre putting up
     
  29. gatorfromiowa

    gatorfromiowa only UF commits have committable offers
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    Can still do dinner/drinks with people a day or so during the week, and the original offer was to fly me home friday back sunday then home again. I'm not banking on anything, but initial conversations with the partner running it and the type of work it is (calling/interviewing people in teams) makes me think that one weekend should be fairly open.
     
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  30. El Tiburon

    El Tiburon Well-Known Member
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    That would never fly in Florida, as legal malpractice claims are not assignable.
     
  31. ~ taylor ~

    ~ taylor ~ Do less.
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    How the fuck does this even happen? Is nobody paying attention to the managers? Are the members declaring bankruptcy left and right despite the LLC somehow making money, or is it just owning property? The remaining member still has voting rights, and he needs to either force the managers to transfer voting rights along with the economic interests that have been transferred in the past or elect new managers who will do the same (usually there is a consent mechanism to transferees becoming members involving the managers or the voting members).
     
  32. 941Gator

    941Gator TMB's resident beach bum
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    Anyone do solo practice or a boutique firm?
     
  33. BamaNug

    BamaNug GUWOP
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    I don't, but know plenty of people doing both. One of my good friends is killing it with an IP practice in South Alabama.
     
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  34. Bo Pelinis

    Bo Pelinis WE GO HARD ON EARTH
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    My 3 best friends from law school each either purchased a practice or hung a shingle. All are doing extremely well, apparently.
     
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  35. 941Gator

    941Gator TMB's resident beach bum
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    any of these people getting involved in non-legal businesses while they are also practicing? Real Estate, whatever. Trying to figure out how far fetched of an idea it is to practice law and also be involved in a side business.
     
  36. Bo Pelinis

    Bo Pelinis WE GO HARD ON EARTH
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    My friend who purchased a solo rural practice (but the previous guy stayed on as a partner to help get his feet wet) also got his real estate license and also does farm ground transactions. :rain: Probably just depends on your prospect for business coming in the door. He does it to diversify (and there's a need) since he's in a smaller area but in a big area maybe it would be a little tougher or you'd have more room to specialize :idk:
     
  37. ~ taylor ~

    ~ taylor ~ Do less.
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    I'm at a corporate boutique - the guys who started it did real estate and ran a title company on the side until the corporate practice got big enough to support a 10 lawyer firm without it.
     
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  38. BamaNug

    BamaNug GUWOP
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    Not what you want to hear, but there's never going to be a clear-cut answer to this question. I know plenty of people that practice but bring in $$ in non-legal work as well. I also know some people that barely make it by practicing law, but also don't have time to do anything else.

    It would just depend on (a) what type of practice you have (big firm, civil defense, just some crim stuff, etc.) and (b) how involved in the side business you'd need to be.
     
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  39. colonel_forbin

    colonel_forbin Well-Known Member
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    It's a real estate company that owns a building and rents out the space so there's not really any overhead. There is a reason these guys all declared bankruptcy. Our client is the worst businessman I have ever fucking seen. It's so absurd. The only remaining "member" with management rights is another guy who declared bankruptcy two years ago, no longer has any ownership interest, and hasn't been involved in the LLC for two years. It's been run by two guys without the legal authority to do so and now they're suing one another.
     
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  40. Jax Teller

    Jax Teller Well-Known Member
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    Hey I'm a member of a class action. Crazy.
     
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  41. ~ taylor ~

    ~ taylor ~ Do less.
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    This made me do the Old School:

    [​IMG]

    I mean, it isn't any fun to be in the middle of it and good luck getting paid on any of it, but it is kind of hilarious when shit like this happens. We have some clients like this, although thankfully less and less. Is it a manager-managed LLC or a member-managed and those two guys are just employees? The guy with the only remaining membership interest should vote to dissolve the LLC or apply for a judicial dissloution, if none of the members get any economic interest from the property. The two guys suing each other can get fucked.
     
  42. colonel_forbin

    colonel_forbin Well-Known Member
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    It's manager-managed, but the manager(s) were all "members".

    But it gets worse. It gets so, so, so much worse. Our client, the fucking idiot, transferred his interest in the LLC to a shell llc that was co-owned and co-managed with his wife. Then they got a divorce, but ownership stayed the same in the divorce settlement. Then he filed bankruptcy, so he can't even assert the shell llc's rights since his bankruptcy removed his management ability from the shell llc. So basically, the only person with standing to sue the tortfeasor (who, mind you, has no management authority) is the fucking ex-wife.
     
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  43. ~ taylor ~

    ~ taylor ~ Do less.
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    Hahahaha. That's legit amazing.
     
  44. colonel_forbin

    colonel_forbin Well-Known Member
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    I just can't believe these idiots somehow got enough money to buy a fucking office building.
     
  45. Tilly

    Tilly Souf Cack
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    This is like some bullshit law school fact pattern that everyone agrees the professor just got fucked up And decided to Fuck with the class.
     
  46. Ian Boooooo!k

    Ian Boooooo!k Scary Good
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    :roll: This is fantastic
     
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  47. BamaNug

    BamaNug GUWOP
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    Too many cooks in the fucking kitchen.

    It happens all the fucking time with the partner I work for---he fires off emails, dictates memos, does some of the work himself---such as call this guy, interview him, etc. About 50% of the time, when I get the memo and reach out to the individual in question, he's already been contacted by 2 or 3 other lawyers (sometimes at the same damn firm---see, my firm) and doesn't want to go through the same shit again. NEWSFLASH---people don't like talking to lawyers.

    /rant.
     
  48. Lawnole23

    Lawnole23 Well-Known Member
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    I hate appellate briefs. That is all.
     
  49. colonel_forbin

    colonel_forbin Well-Known Member
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    I just hate the time restrictions. I know it's an appellate court with tons of shit on their plate and the court system is already really backed up so they're not trying to have stagnation, but I have a ton of shit on my plate right now and a 14 day time limit to file a 40+ page reply is really fucking me weekend plans.
     
  50. Lawnole23

    Lawnole23 Well-Known Member
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    I get 30 days, which isn't bad at all but I'm about at pg 40 and tired of looking at this shit.
     
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