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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    I thought he was saying that the cases themselves for those of us that don't pay runners to get them are still not a good ROI
     
  2. Bricktop the white

    Bricktop the white Well-Known Member


    In Florida, its dominated by a handful of guys with deep connections to the particular port the claims are coming out of. Very hard to break into when 3 generations of longshoremen have been going to the same law firm.
    Just the opposite. Everything I've heard is that they're a goldmine.
     
  3. Oranjello

    Oranjello Well-Known Member
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    You’re on the plaintiff’s side in coastal Mississippi, right? If so, please keep us somewhat appraised of how this unfolds. A good friend of mine defends Jones Act cases in coastal Mississippi. Curious to see if internet stories and IRL stories converge.
     
  4. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    FELA cases, which are very similar to the Jones Act, are 100% union driven. Your union picks your lawyer for you, so the same half dozen or so guys get all of them.
     
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  5. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    correct. will do. But this will likely be filed in the eastern district of Louisiana.
     
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  6. Z

    Z Well-Known Member
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    Whew, 3 day trial done. Client charged with Trafficking in Cocaine and Trafficking in Marijuana.

    Not guilty. Jury was out 20 minutes. :chatzy:
     
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  7. Gallant Knight

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    did he pay you in cash?
     
  8. Tilly

    Tilly Souf Cack
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    Just make sure it isn't over $10k in any one payment. :comicbookguy:
     
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  9. 941Gator

    941Gator TMB's resident beach bum
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    let me guess, constructive possession in a jointly occupied vehicle?
     
  10. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    had a local attorney file a motion for sanctions against me today. we have a prelim hearing in a custody case tomorrow . i served her client with a complaint for custody and then got a hearing date for the hearing tomorrow but haven't been able to serve him with a summons to the hearing. when he got served with the complaint 6 weeks ago he had the kids around the same time and refused to return the to mom (my client) after getting served. That was six weeks ago and she hasn't seen them since. He only let her talk to them once during that 6 weeks on easter. She is the primary custodian. He's been in TX working and we think leaving the kids (2 and 4 year old) with his gf in LA. His lawyer won't give me his address in TX so I can serve him. She said she had a conflict for tomorrow but I told her I was still going to show up for the docket call and tell the judge everything her client has been doing and that we've tried to serve 5 times in LA and that opposing counsel won't give me address. So her response is to file a motion for sanctions.
     
  11. Tilly

    Tilly Souf Cack
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    While I don't know the temperament of the judges in your area, if it is a situation where the other party is avoiding service or we don't know where the kids are, we will try to file for emergency/expedited "ex parte" relief. It isn't really "ex parte" because we're not hiding anything, just an avenue to obtain relief without notice to a party who avoids notice.

    You obviously try to give the other party notice and document that (if represented definitely notify the other attorney), but if you can't it is an ex parte motion anyways. Opposing party will normally surface in some fashion after you make clear we're moving forward with or without you.

    Side note: these kinds of things can also be useful if the opposing attorney is a legislator who tries to use legislative session as a shield with getting any motion scheduled
     
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  12. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    yah I told OC that as well. I told her that if the judge says his hands are tied without service I'm filing an emergency ex parte TRO next week and I'd give her notice so she could still show up.
     
  13. Tilly

    Tilly Souf Cack
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    Not sure about the resources or the aptitude in play with the attorney, but I would be prepared for a Texas action to be filed. Doesn't seem like there's any real dispute MS would technically be home state and have exclusive jurisdiction, but he can claim inconvenient forum under the uccjea and if nothing else try to delay proceedings further. Basically create a new status quo by delaying the case. It's what I'd recommend if he had the money to make a defensible argument.

    I'd start looking at the factors in the MS uccjea regarding forum (it's in the jurisdiction section) and gather any info supporting your position for a motion, return, or affidavit. Most, if not all, of what you gather would be useful for a temporary hearing or necessary for discovery anyways so you don't lose much by prepping early.

    ETA - If you win your motion, make sure the order is clear as fuck that Mississippi is the home state, that it isn't in reasonable dispute, and that MS is exercising jurisdiction. Should help with fees on a motion to dismiss any potential Texas action if it comes to that.
     
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  14. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    They filed a motion to dismiss the MS claim. They don't realize my client has been living in MS but working 2 days a week in LA for the past 6 months. She was living in LA and then moved to MS. She came to me and I told her she'd have to wait 6 months to file for custody in MS . So she waited 6 months then we did. His own lawyer doesn't realize he's working and living in TX . He's leaving the kid with his gf sometimes in LA and working in TX. Custody cases are so f'ed up.
     
  15. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    I've decided it's impossible to do much divorce/custody and run an injury practice. I have like 100 PI/comp cases and like 30 active divorce/custody cases. We get so damn much divorce and custody that it sucks to turn it down. The problem is that you are in appointments all day screening divorce/custody cases and then the ones you do take keep you in court all the time. PI/comp needs you to be in your chair on the phone and on the computer emailing , dealing with adjusters, clients, opposing counsel etc. You can't be at court all the time and efficiently/effectively running a PI/comp practice too.
     
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  16. 941Gator

    941Gator TMB's resident beach bum
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    Can you afford to have one associate just do family?
     
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  17. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    I'm tinkering with that idea. Pay them like 60k then whatever overhead is associated-say that's like 30k more at most and make 200k in fees so 100k+maybe in profit. They'd eventually want a paralegal then eventually want equity haha.
     
  18. Tilly

    Tilly Souf Cack
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    I won't pollute this thread with my inner nerd (or masochist as the case may be) on these types of disputes, but feel free to pm with any jxn stuff.
     
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  19. Gallant Knight

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    Yep this is the answer
     
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  20. 941Gator

    941Gator TMB's resident beach bum
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    keep it all in the thread, man
     
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  21. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Hire an associate to do the divorce/custody work.
     
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  22. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    Chambers with opposing counsel and judge at 8:30AM. Judge said I didn't have process but didn't like what her client was doing. Told him fine I'd file emergency motion to resolve jurisdiction/process issues. Had 2 other hearings on other cases had to finish up first. When those were over dictated emergency motion to paralegal on the phone. She emails it to me, had to make more changes. Emails it to me again. Get clerk at court to print . File it. Sat from 12:00 until 4 waiting to be heard on said motion. Judge granted my ex parte emergency order in a hotly contested motion hearing even though his counsel was in court. Went from getting sanctions filed on me to winning the ex parte (not really because all counsel present) custody hearing. Still have to win the return hearing and prove jurisdiction is proper but he found today that MS was the home state based on the proof we put on. He said they'd have a chance to rebut but I like where we're at.
     
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  23. Gallant Knight

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    So you spent 10 hours at the courthouse on some family law deal?
     
  24. Tilly

    Tilly Souf Cack
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    Congrats.

    Based on what you've said, there isn't a real argument on jurisdiction. The only real argument would be the appropriate forum (i.e. Will the ms court decline to exercise jxn by finding 1) ms is an inconvenient forum and 2) the other state is a more appropriate forum. That doesn't seem likely unless there's facts we don't know about like domestic violence).

    Beyond that, just a straight custody dispute. Obviously point out the limited time in the other state, the caregiver situation, uprooting the kids in the middle of the school year, actively preventing contact with your client, etc. Also, with the school year ending in a couple weeks, it is an ideal time for the court to require the return of the kids. If the judge is hesitant on that, ask for an expedited gal investigation and right to renew the request before the kids return to school in the fall.
     
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  25. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    8AM-5:40PM. One uncontested divorce resolved in about 30 minutes. A temporary hearing on a low asset divorce got the husband kicked out of the house so that was a win. That was about an hour. Then the rest of the time was on the custody matter. This is why I need someone else to do this stuff so I don't spend all my time doing it.
     
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  26. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    Also there are lawyers here that handle high volume family law and do what I did yesterday EVERY DAY. I can't imagine the stress they are under. I couldn't do it.
     
  27. Z

    Z Well-Known Member
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    She, and no. She was a local. I have a few clients charged with trafficking out in California. They do pay in cash, and their cases are also much less defendable.

    Constructive possession, but premises, not car.
     
  28. 941Gator

    941Gator TMB's resident beach bum
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    Have a guy in our building that does all family. I wouldn't say it is too stressful because things work themselves out if you're set up for it. He has a paralegal that handles all motions, client bs, etc. Secretary answers phone etc. He goes to the courthouse and just brings his laptop. It's just a different day to day lifestyle.
     
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  29. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    I've wondered if they tell them from the get go-"Hey I'm in court all the time so my paralegal is going to answer all of your day to day concerns . She has been doing it for 20 years and she's better than most lawyers. You likely won't hear from me again until court." I have clients that will eventually demand to talk to me and start refusing to talk to my paralegal.
     
  30. Gallant Knight

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    That is always fun
     
  31. 941Gator

    941Gator TMB's resident beach bum
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    Family/divorce lawyers are still in their office +4 hours a day imo Tilly
     
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  32. Tilly

    Tilly Souf Cack
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    I definitely am in the office a lot. Generally, we have a temporary heating and maybe a discovery hearing before a case will settle. I'm not in court a ton. The practice is more managing paper to get a feel of what these people lives and finances are like and managing the clients too.

    But my practice isn't like an average family law practitioner either. I don't do high volume like most people. Right now I have like 10 active files, but between three of them, I'm pretty certain to have 40-50 days of trial (a 1 week trial, a 3 week trial, and a 4 week trial) in the next year or so.
     
  33. colonel_forbin

    colonel_forbin Well-Known Member
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    A 3/4 week trial in a DR case? How?
     
  34. Tilly

    Tilly Souf Cack
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    One is about the most contested, high conflict, and toxic parenting relationship you've ever seen. Throw in multiple messed up fact scenarios re the kids and a party that won't follow any court order and you have a ton of ground to cover at trial. Even people that have been doing this 30+ years are amazed at the level of conflict.

    The other is a complex, all or nothing case (both on the legal issues and the financial issues) with a shit load of money in play.
     
  35. colonel_forbin

    colonel_forbin Well-Known Member
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    I'd get yaoface'd by a judge if I said I had a four-week long trial, much less a four-week long DR trial.
     
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  36. Z

    Z Well-Known Member
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    Just had one of our office personnel telling another about someone she went to high school with name "La-A," pronounced Ladasha.

    I'm probably going to fire her.
     
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  37. BamaNug

    BamaNug Want to retire right MEOW
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    In the past 3 weeks, we have fired one associate, just had one go part-time to raise 2 kids, and our most-senior associate (and really the only one with trial experience) just left for an in-house gig. He would've made partner in 6 months. I also just returned from a 2 1/2 week vacation where I was incognito for a majority of it, nobody has said a word--longest I've taken as a practicing lawyer.

    In related news, they gave all the new associates badass new work laptops, which is alright I guess (as excited as you can get for a work computer). They've also been very pro-active in buying lunches, getting drinks, being encouraging, etc. It's transparent as shit, but also nothing to complain about.

    I bitch and moan about insurance defense more than most ITT, but looking at things in context can help. 1,850 billables, approx 30 days vacation, minimal stress. Not too excited about my potential workload until we make some hires, but you better believe I'll be asking for a pretty big raise this year.
     
  38. Bricktop the white

    Bricktop the white Well-Known Member

    I've had people dig in and get angry when they tell me they've met la-a or oranjello and I tell them that I've heard the same thing from people in 5 other states.
     
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  39. Bricktop the white

    Bricktop the white Well-Known Member

    What do you pay
     
  40. Gallant Knight

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    you took more vacation in the last three weeks than i have since 2015
     
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  41. BamaNug

    BamaNug Want to retire right MEOW
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    Life's too short, brah.
     
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  42. BamaNug

    BamaNug Want to retire right MEOW
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    Relative to the rest of the US, pretty damn well.

    In Seattle, only about average (but no state income tax in WA helps).
     
  43. Bricktop the white

    Bricktop the white Well-Known Member


    I would tell you to hire me but frankly being in house is just too cush a gig to give up.
     
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  44. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    I don't know any domestic lawyers here that only have 10 active files. Even the ones with a reputation for handling high asset stuff are still in court all the time doing volume.
     
  45. Tilly

    Tilly Souf Cack
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    I'll admit that figure is abnormally low due to the anticipated trial schedule and two particular clients who are demanding as hell but generally pay those large bills in a timely fashion.

    I'm also limiting that to cases I'm handling or running the day to day on. The firm as a whole is handling a lot more than 10 cases.
     
  46. Gallant Knight

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    starting to get v annoyed with defense lawyers/adjusters bringing to mediation 40% of what we need to settle a case.

    state farm very proud of their radiologist report that was generated by some dickhead in buffalo new york for our case in houston, texas. hey dickhead we have the biggest medical center in the united states 5 miles from the courthouse and you had to go to buffalo to find a radiologist? that will probably go over well.
     
  47. bro

    bro Hey Hermano
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    starting a job search here in the next few weeks. Highest priority is a job with reasonable PTO/vacation time. Might be slightly unrealistic, but that's what I want.

    It is relevant that my g/f gets 30ish days off a year from her European based company. She is able to go with friends and family at times, but I'd prefer to be there with her on most of her vacations.
     
  48. Gallant Knight

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    i've always been of the opinion that if you disappear from the office for 2 weeks at a time and everything runs as normal that you are pretty expendable.
     
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  49. bro

    bro Hey Hermano
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    should I then just throw myself off a bridge?
     
  50. bwi2

    bwi2 Not affiliated with BWI
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    I’ve always been of the opinion that if you can’t schedule a 2 week vacation with advance notice without everything falling apart, your office isn’t resilient enough