Lawyer thread

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

  1. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Deadlines are often jurisdictional. If he doesn't follow the rules, he may not have even invoked appellate jurisdiction. You could probably file a motion to dismiss on appeal without addressing any other merits.
     
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  2. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Our legislature is a pretty damn close to passing a bill that will outlaw negligent security claims and any type of claim against a premises owner based on the conduct of a 3rd party on the property. It will be the only one we are aware of in the US. Talk about some tort reform.
     
  3. CoastalOrange

    CoastalOrange Well-Known Member
    Donor
    Clemson TigersTennessee VolunteersBarcelonaUnited States Men's National Soccer TeamLiverpool

    I read this morning the Vermont legislature has submitted a bill to bad non-competes. Apparently it was brought last year and died in committee but was reintroduced this year. Interested to see where this would lead if passed (if anywhere).
     
  4. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Apparently the new tax law or some fed legislation has made it so the parent with custody gets to claim the child/ren for earned income credit every year. Used to be that if dad has visitation and is paying child support courts would let him claim kid/s every other year.
     
  5. 941Gator

    941Gator TMB's resident beach bum
    Staff Donor
    Florida Gators

    happen to have a link?
     
  6. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    not yet
     
  7. Gotch Yarbrough

    Gotch Yarbrough Canada eh?
    Donor

    I believe EIC has always had (by reference) a statutory 50+% "principal place of abode" requirement for qualifying children. Are you thinking of the Form 8332 that allows a custodial parent to relinquish their right to claim the child as a dependent (and for the child tax credit and a few other purposes) and allow the non-custodial parent to claim the resulting dependent exemption? TCJA neutered that by getting rid of the deduction for dependent exemptions, but the custodial parent still has the right to file the form.
     
  8. BamaNug

    BamaNug Want to retire right MEOW
    Donor
    Alabama Crimson TideAtlanta BravesNew Orleans Saints

    One of my good friends (and probably the smartest guy I know) hung a shingle, started a patent law practice, and is killing it. He has two offices, about to open a third, and now has several associates under him. But he also emphasizes how fucking stressful it is being your sole source of ALL income, and how much marketing/non-income producing work you have to do to bring in business. He also works a shitload more than most lawyers I know, regularly in the office until 10-11 PM.

    I also know several people that I do not consider very intelligent that started a solo practice and are doing very well for themselves. But I also don't know much about their stress levels, etc. -- but they certainly appear successful. It always makes me wonder "what if?"

    But I vacation a shitload, and value that way more than $$. I took 30 days off last year, and plan to take 30-35 this year. Over the past 2 years I've become pretty damn efficient at working remotely; whereas I used to just fuck around on the internet.

    1,800 billable hour requirement :jizz:
     
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  9. DayDomination

    DayDomination Damn, it feels good to be a gangster
    Donor
    Detroit LionsDetroit PistonsOakland RaidersDetroit Red WingsOhio State Buckeyes

    Not sure if anyone could help here. But does anyone have experience with buyer/seller house related small claims / civil court?
     
  10. ukcats8

    ukcats8 smugapari
    Donor
    Kentucky Wildcats

    Declined an offer to settle a workers comp case that was about 1/3 of the max value of the award (for Low back + knee injuries). Treatment and causation seemed 100% clear on the low back, which was roughly 2/3 of the value of the claim, but the knee claim was weak. The judge indicated off the record after the final hearing that he found my client credible and an award was likely. Based upon this, I advised my client that we shouldn't settle for less than 50% of the maximum award, feeling confident that worst case we would get $ for his back injury. Client was happy to accept the 1/3 offer, but trusted my judgement. Judge just dismissed the case, and I feel like a fuck up. I have no financial stake in the case (paid a salary), but this is the first case I've worked on where I clearly fucked up. I should have taken the money. Goddammit.
     
  11. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    hopefully you/your employer have malpractice insurance and don't get grieved.

    why was the case dismissed?
     
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  12. mp_22

    mp_22 Well-Known Member
    Philadelphia FlyersLos Angeles RamsDuke Blue DevilsPhiladelphia Phillies

    How does it work if two peoples name is on a house but one of the people are renting the house out without the other persons consent
     
  13. BUstang

    BUstang Don't go in woods if you scared of da wolves

    Is there an appeal process or method to ask for reconsideration? I assume if you exhaust your administrative remedies you can appeal to district court? Fuck them and take them to court so a jury can decide. Who cares if there is some sort of presumptive weight afforded to the judge. Sounds like your client is hurt.
     
  14. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    In MS you never get a jury trial on comp unless there is a 3rd party tortfeasor element of the claim. You have a "hearing on the merits" with the ALJ. That can be appealed to the Mississippi Workers Compensation Commission and whatever they find can be appealed to the MS Supreme Court.
     
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  15. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Why was it dismissed.
     
  16. ukcats8

    ukcats8 smugapari
    Donor
    Kentucky Wildcats

    We do.

    Case was dismissed on the merits. Monetary benefits are awarded in KY only if a permanent impairment rating results from work injuries. The ALJ held none existed. I was shocked that the ALJ did a 180 from his comments. He could have simply been posturing to convince the Defendant to settle, but I figured he was just a straight shooter. It was my first case with this ALJ, and it's not uncommon for them to let their intentions "slip" during our informal pre-hearing settlement conferences. I'm typically cautious and willing to give up a little $ to make sure a client gets something when a win isn't a sure thing. I really thought a win was a sure thing in this case. Obviously makes me question my judgement going forward.

    Appeal process in KY is very similar to what RJF-GUMP described. Appellate courts refuse to overturn fact finding by ALJs unless the ALJ had no evidence to base the decision on. No possibility for a jury trial. In this case, Employer provided an IME report with a 0% work-related impairment rating, so an appeal would lose because the ALJ technically had a basis for a dismissal.
     
  17. dome foam

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

    that’s a little dramatic.
     
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  18. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I got offered $25k before a hearing on the merits once on a back injury case but my client balked at it and we lost on compensability and she took nothing.
     
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  19. ukcats8

    ukcats8 smugapari
    Donor
    Kentucky Wildcats

    I have a lot of cases involving cumulative trauma/wear and tear. The clients come in thinking they're going to get six figures because their neighbor's cousin got that much.
     
  20. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    unrealistic client expectations are a constant issue in personal injury/comp. I start tons of conversations with "Well this isn't going to be something to retire off of."
     
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  21. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    So what do I do when we have a trial date in may and our client refuses to answer her phone or respond to certified letters we send? She answered yesterday when my receptionist called from her cell phone and pretended to be someone else and said she would relay the message to our client?

    File a motion to withdraw and attach the certified mail and our file notes on the calls we’ve made as exhibits?
     
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  22. buy_dont_lease

    buy_dont_lease Ha ha ha. What a story, Mark.
    Donor
    Texas AandM Aggies altNew York YankeesDallas MavericksDallas CowboysTottenham Hotspur

    Yes, but file under seal if you're doing the throw your client under the bus. And do it now so that she has plenty of time to get a new attorney. Has written discovery been conducted and has she been deposed?
     
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  23. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    Don’t really want to throw her under the bus but I don’t know what my options are
     
  24. buy_dont_lease

    buy_dont_lease Ha ha ha. What a story, Mark.
    Donor
    Texas AandM Aggies altNew York YankeesDallas MavericksDallas CowboysTottenham Hotspur

    I've always been told to be careful not to go into much specificity when withdrawing due to client issues, and if you think you need to expound on details, file under seal. You could just generally cite an inability to effectively communicate in your motion and not attach exhibits.
     
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  25. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    Yes she has been deposed and answered discovery but we don’t gave a signed verification page or her read and sign edits from her deposition. Both of those are over due now. Defense counsel isn’t going to make a stink over it since he knows we are being diligent trying to get it
     
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  26. wes tegg

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

    That's the case in Alabama, as you know. If you don't file in time, your next call best be to your malpractice carrier.
     
  27. wes tegg

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

    I used to defend a lot of FELA "cumulative trauma" cases. Every one we tried to a jury ended up as a defense verdict because no shit 65 year old career railroad workers have bad knees.
     
  28. wes tegg

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

    You also have the option of requesting a hearing on the motion to withdraw and explaining the difficulties to the court "off the record."
     
  29. Z

    Z Well-Known Member
    Alabama Crimson TideBoston Red Sox

    Best appellate mediation position ever. :gfa:
     
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  30. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I’ve been offering folks $50 for a google review at their disbursement meetings. Google reviews are worth their weight in gold. Need to get to about 80 of them things. Currently at 32. 4.9 stars bitches.
     
  31. bwi2

    bwi2 Not affiliated with BWI
    Donor
    Duke Blue DevilsWashington NationalsArsenalUSA Basketball

    I’d be careful with that
     
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  32. Brandon Chicken

    Brandon Chicken Chow Time
    Donor

    That's probably not a good idea
     
  33. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    They are worth their weight in gold. I just ask people after we resolve their case to do it and maybe 3/10 do it. Paying for it is probably not the way to go. If the bar finds out I doubt you’d get in serious trouble but you’ll probably be paying $10-15k to an ethics lawyer to help you out
     
  34. Rusty Shackleford

    Rusty Shackleford Dale 1 - Rats 0
    Donor
    Auburn TigersSan Antonio Spurs

    Also if google finds out you will get penalized by them.
     
  35. 941Gator

    941Gator TMB's resident beach bum
    Staff Donor
    Florida Gators

    This issue came up by me for a family law guy in my building. Believe he said Bar said it was fine as long as the case was concluded. Slippery slope if the case is still open.
     
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  36. 941Gator

    941Gator TMB's resident beach bum
    Staff Donor
    Florida Gators

    I would just have a laptop ready to go at your last meeting. If they seem hesitant to start typing, just show them that you own a firearm.
     
  37. 941Gator

    941Gator TMB's resident beach bum
    Staff Donor
    Florida Gators

    One of the best methods I use is just simple old school, grassroots marketing at the Hospital. I wait for the ambulance to pull up and over time I figure out which room they are in, who their family is, etc
     
  38. herb.burdette

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

    Do you have a settlement offer from defendant? If not, make a demand and get one. Tell her you have money see if she calls you back.

    If not, I can’t imagine a judge who will require you to remain counsel if you have a settlement offer three months before trial and your client won’t respond.
     
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  39. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    youtube videos are important for SEO
     
  40. 941Gator

    941Gator TMB's resident beach bum
    Staff Donor
    Florida Gators

    wouldn’t it just be listed under videos?
     
  41. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    ? What I was saying is that having your own youtube channel and putting out content on youtube helps with SEO
     
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  42. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    So I looked up whether it is unethical. The New York Bar has a direct prohibition on paying for reviews unless you somehow state that it is a paid for review. That would be rule 7.1 (c)(1). Mississippi's corresponding rule does not include that language. Obviously that doesn't mean that you are good to go. Deserves further consideration. Good talk with you guys about it.
     
  43. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

  44. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    In a recent opinion, the New York State Bar Association's Committee on Professional Ethics held that lawyers may offer a discount on legal fees to clients who write an online review, provided that the discount is not contingent upon the content of the review, the client is not coerced to provide the review, and the review is written by the client and not the lawyer.

    Here is the bar opinion:

    http://www.nysba.org/CustomTemplates/Content.aspx?id=55648

    There does not appear to be much authority on this question in other states, though for example, a 2012 informal ethics opinion out of Connecticut states that while lawyers may direct clients to an online rating site, they may not offer incentives for clients to provide reviews.
     
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  45. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    I just work part time as a paramedic and slip business cards into their clothes on the way to the hospital.
     
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  46. bwi2

    bwi2 Not affiliated with BWI
    Donor
    Duke Blue DevilsWashington NationalsArsenalUSA Basketball

    7.2(i)
     
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  47. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    That is all under advertising. Other states including that bar opinion I posted above don't consider client reviews to be advertising.
     
  48. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    From what I can tell offering a discount on legal services is a safer bet.
     
  49. MORBO!

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

    What about “clients who complete a review will not be charged the $xxx in administrative expenses for the file?”
     
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  50. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    I waive expenses on 75% of pre lit cases. That’s a good idea to get a benefit for something I do anyway