Lawyer thread

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

  1. (Z)

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

    Yeah, I normally try to be concise. But when law enforcement gives different answers in Interrogatories, Summary Judgment Hearing, and Trial it was painful to have to go through and point out every inconsistency.
     
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  2. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
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    I'm sure it's a bad ass brief, and I don't mean for this to sound like a Monday morning QB, but I've used tables/charts to do that in the past.

    Capture.JPG
    1.JPG
    2.JPG
     
    #7002 wes tegg, Feb 22, 2019
    Last edited: Feb 22, 2019
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  3. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    a bunch of medical providers have my cell and have no trouble calling or texting between 7am-9pm

    and i've received 116 emails today.

    i've done a decent job farming out most of the updates/early case management stuff. but sometimes these folks just don't want to talk to staff. and i don't want to lose a case since our avg atty fees per case is ~$7,900
     
  4. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    How many cases are you personally responsible for? It seems weird that you are getting so many folks that want to speak to you directly. It makes me think your staff isn't doing a good job of talking to them because I get a relatively low amount of clients that demand to talk to me directly if they are properly intercepted by paralegal.
     
  5. Gallant Knight

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    we have 450-500 cases and my name is on the door so a certain percentage of them want to deal with me directly.
     
  6. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    With that many cases you should probably have more than 1 associate. I wouldn't advise handling more than 100 MVAs per lawyer. But say you had 3 associates handling 300 of those cases. Rarely when I was an associate did my clients ask to speak to my boss whose name was on the door.
     
  7. Gallant Knight

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    luckily for me my associate is the most organized person i know. if she left i would have to hire 3 people to replace her.
     
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  8. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
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    What case mgmt software do you use?
     
  9. Gallant Knight

    Donor
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    We made our own in outlook. We should honestly sell it

    Happy to email it to anyone if they PM me
     
  10. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
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    You have my interest.
     
  11. (Z)

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

    Yeah, I went back to see if there was any trimming to be done. Looks like the actual brief is “only” about 45 pages. All the rest is that formatting and fluff appellate courts require. Be glad to not be typing in courier new for a while.
     
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  12. Pelican Grove

    Pelican Grove You know me
    New Orleans PelicansNew Orleans SaintsMississippi Rebels

    I made a film, profiling a person's life -- we put years of work into it.

    I get a call today from someone who is not asking, but planning to write a book about the person, that will "compliment the movie."

    Do I have any legal rights to stop this person or no?
     
  13. Oranjello

    Oranjello Well-Known Member
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    Is there any sort of agreement between you and the person being profiled that would grant you the rights to "their story"?
     
  14. Pelican Grove

    Pelican Grove You know me
    New Orleans PelicansNew Orleans SaintsMississippi Rebels

    The person profiled in the story died 30 years ago. However, her niece is a big part of the film, supplied us with all the photos used, has a TON of knowledge about the person and everything. I am close to being done with a Rights to Publicity contract for her + not having permission to use the photos, but exclusive rights of the photos. And she is aware she will be signing an NDA as well. Two other strong sources who lived across the street from the subject have agreed to the same.
     
  15. bwi2

    bwi2 Not affiliated with BWI
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    I think you’ll have better luck trying to cross-promote than squash the book.
     
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  16. Oranjello

    Oranjello Well-Known Member
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    If I were you, I would reach out to the attorney doing the work related to the publicity rights contract and let them know what's going on. If you are doing it yourself, it's still worth calling an attorney in your area. You may or may not have any legal basis for deterring the book writer, but a sternly worded letter sometimes does the trick regardless of its legal basis.
     
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  17. Pelican Grove

    Pelican Grove You know me
    New Orleans PelicansNew Orleans SaintsMississippi Rebels

    Yeah I am speaking to him this week so I will ask him then.

    But with the important sources of the film, would an NDA assist in this?
     
  18. Oranjello

    Oranjello Well-Known Member
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    Hard to say without knowing more facts. But in certain situations I could see an NDA (or a few NDAs) making it sufficiently difficult to obtain information so as to deter the book writer.

    More generally, I'm not sure you'd want just an NDA in that situation, though. A broad "publicity rights agreement" with the estate could potentially accomplish what you're seeking and incorporate non-disclosure provisions.
     
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  19. Pelican Grove

    Pelican Grove You know me
    New Orleans PelicansNew Orleans SaintsMississippi Rebels

    This is really good info -- thank you everyone.
     
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  20. Brandon Chicken

    Brandon Chicken Chow Time
    Donor

    Who is the person?
     
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  21. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    For smaller towns good SEO is going to cost you $3k a month. In bigger cities $10k+. That is for monthly SEO maintenance. Freaking crazy. We canceled our contract with Findlaw because for $1k a month we couldn't tell they were doing anything. Turns out we're going to have to pay much more than that.
     
  22. dome foam

    dome foam ¯\_(ツ)_/¯
    Donor
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    SAY WHAT
     
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  23. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    I pay $3,500 in Houston. They write a bunch of blogs and pages for me that I review and edit. And I pay an additional $15k in pay per click every month on top of that
     
  24. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Will be interested to see how that 15k in pay per click works out. Sounds like you're paying too little in terms of the SEO itself and putting too many eggs in the PPC basket. But hell what do I know. $3500 would be good in an area like where I'm at. But in Houston top firms are likely paying $10k+ for top tier SEO maintenance.
     
  25. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
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    No. Even if the subject person were alive, he/she couldn’t stop someone from writing a book about them. It would be against public policy for only “approved” historical accounts to be produced.
     
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  26. 941Gator

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

  27. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
    Donor
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    Interesting. I use Gsuite sync to use outlook with my gmail account. I wonder if there’s a way to do this there.
     
  28. 941Gator

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

    What platform are you on when you go to send an email?
     
  29. MORBO!

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

    Outlook
     
  30. Boo MFer!

    Boo MFer! No longer a cog in some powerhouse machine
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    Speaking my language here. How many pages are you getting for $3,500/month.
     
  31. Gallant Knight

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    They made my website and I think I get 40 pages on the first 3 months

    Not sure after that honestly
     
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  32. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    I have jury duty this week. Fun stuff
     
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  33. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Lady tegg is on a federal grand jury. The term is a year. So, it could be worse.
     
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  34. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Yeesh. Yeah that would suck.

    I would love to be on a jury, but it'll never happen. So now my week is just going to be shot.
     
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  35. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    El Tiburon (or anyone else on the defense side) do you ever go to CLM stuff?
     
  36. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    Nope. Though I often wonder if I should.
     
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  37. wes tegg

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

    It can be hit or miss. I'm not really sure if it is worth it for building business, but some of our carriers do their panel meetings in conjunction with CLM shit.
     
  38. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    what is CLM?
     
  39. wes tegg

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

    Claims and Litigation Management Alliance. It's half claims/risk management people from insurance companies and businesses and half defense lawyers.
     
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  40. Gallant Knight

    Donor
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    Spoke with client last week. He called for an update. Staff read him the most recent update. Just for email from staff that he was upset I am not currently in the office and never return his calls.

    I hate all of these people so much
     
  41. Ray McKigney

    Ray McKigney Feel my ubiquity
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    Nope. Never heard of it.
     
  42. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Anyone know of any stats or have a guess on how often your state supreme court grants cert after COA affirms and motion for re hearing denied? Also in your state if a motion has 7 days to be answered , do you count weekends?
     
  43. 941Gator

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

    depends on the motion and state, but I often see not to count Sat, Sun, and holidays.
     
  44. Nug

    Nug MexicanNug
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    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    I realize it's a tale as old as time, but my last 5-6 mediations (and every one in 2019) have followed the same script:

    -Me: I think we need around $XX in authority to settle this. Based on A, B, and C.
    -Adjuster: cool, here's $20-30K below what you asked for
    -Me: that's going to be really tough to get it done...
    -Adjuster: let's just see what happens, I can always go to my supervisor

    -Me: Mediation not going well, they're looking for [right around requested amount to get it done]
    -Adj: I really don't want to go to my supervisor, it will make me look bad
    -Me: well it's not settling today because we didn't come with enough money
    -Adj: We'Re NoT ScArEd tO TrY a cAsE

    About to jump on a conference call with the Adjuster and her supervisor to discuss "what went wrong at mediation" yesterday.

    "We're going to pay you approx. $10,000 to gather evidence and provide a well-researched figure to settle...then we're going to disregard that figure and get mad at you for not settling the case."
     
  45. Gallant Knight

    Donor
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    After I mediate with a lawyer or adjuster and they don’t come with anywhere near enough authority to settle I agree to meditate with them again on future cases
     
  46. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    Has State Farm been making shitty offers to everyone recently or is it just me
     
  47. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Did you mean to say that you don't agree to mediate with them again on future cases?
     
  48. Gallant Knight

    Donor
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    Yes. Have had lawyers show up to mediations with like 50% of what it would take to settle the case and I don’t go back. If that’s the case then let’s just cancel and save everyone the time and money
     
  49. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    I also don’t agree to mediate unless the adjuster will be there or the lawyer assured me they’re bringing money to the mediaiton

    Have been to a few where the adjuster isn’t there and the mediator has trouble talking to them or reasoning with them and we don’t settle over something stupid
     
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  50. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Settled wrongful death med mal with hospital defendant for $400k last week. Still headed to trial against the doc.