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

    My settlement demand would look something like this: It's going to cost at least 30k to defend this case. Might as well give him the 30k in retirement.
     
  2. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    I am very surprised that a lawyer who averages .5 trials a year told me to demand X and that if I did she would give me that and then she came back with 80% of what we agreed to

    She just signed herself up for a trial in. November or over what we agreed to.
     
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  3. wes tegg

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

    Speaking of Allstate...
     

    Attached Files:

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  4. Brandon Chicken

    Brandon Chicken Chow Time
    Donor

    That’s awesome. Wish more judges would do stuff like that.
     
  5. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

  6. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Love Bob Vance
     
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  7. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Do you think you have to take a physical therapists' deposition to get the results of an FCE and issues as to restrictions into evidence? Or can you just take the treating ortho's deposition and have him review the FCE and give his opinions as to restrictions? I've never had this issue come up until recently when a lawyer mentioned it. I always just take the specialists deposition and get this opinions as to the FCE and restrictions.
     
  8. bRamonceTaylor

    Donor

    I’m an M&A attorney so apologies for the probably dumb question: anybody have experience in Texas small claims court?

    Have a good friend who was served a complaint from a former tenant (that I think friend evicted for several missed rent payments in the spring). Just says “breach of contract - asked to open business with a lease after business was open gave lease to another person”.

    Can give more details via pm, but I don’t have the first clue what to tell them to do. Based on what they told me back when tenant was still occupying the space, I think it’s bullshit. So do I tell them to pull the contract, all correspondence with tenant (specifically anything related to the eviction) and to go to the JP and file for dismissal? Or maybe countersue for missed rent payments?

    Thanks in advance for any help.
     
  9. Z

    Z Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    Good for Woodall for not pulling punches too. Great judge and mediator.
     
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  10. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    Allstate lawyer admitted to me last week that they never offer more than $5k for underinsured or uninsured BI and make you go try it to get more than that. Doesn’t matter severity of injuries.
     
  11. wes tegg

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

    I once heard small claims court described as "where the desperate sue the pathetic over the mundane." It's pretty fitting.
     
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  12. wes tegg

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

    That's bad faith.
     
  13. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    I agree. I don't know the best way to go about that though.

    There are a lot of lawyers in Houston who won't take first party Allstate cases because of it, so it's working.

    If you have a client and they have $30k of coverage and 2 treating docs it's going to cost you ~$6500 to get to trial and your client is basically going to end up with maybe $1-2k. I get my money back, i get my fees, that i won't reduce if we take a case to trial, and we have to pay the docs. It is fucking their policy holders over so bad.
     
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  14. harvey birdman

    harvey birdman Ha ha! Last laugh.
    Donor
    ArsenalFlorida Gators

    I like small claims court for certain types of cases such as worthless checks. Technically in Florida there is no small claims court but just small claims rules for County Court. It's very confusing.
     
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  15. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Comp Client: "I want $350,000."
    Me: "It is literally impossible for me to get you more than $16,115."
     
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  16. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    Comp client: “I’LL TAKE IT!”
     
  17. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    No, I got fired. He didn't believe me.
     
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  18. 941Gator

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

    Is it difficult to follow up and find out the results of a case? Obviously in crim we just check the Clerk.
     
  19. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I usually walk them through the scheduled member calculation or non scheduled member body as a whole stuff , explain loss of wage earning capacity analysis, etc , no pain and suffering, and can talk sense into them. I've been fired before over issues like that in comp cases, but it's pretty rare. Supper annoying though.
     
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  20. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    As far as amounts paid for settlements? Yes, unless it's a worker's compensation case or a child's case, which generally have to be approved by a judge so you can see the amounts paid in Alabama's e-filing system. And you can obviously see judgments on that system.
     
  21. 941Gator

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

    that would annoy me, i'd be dying to know how that finished up.
     
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  22. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Yeah he just needs to hear it from someone else. And I don't mind at all as I'm trying to purge a bunch of small cases that rolled down to me at the former firm.
     
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  23. Sammy Meatballs

    Sammy Meatballs Well-Known Member
    Donor
    Alabama Crimson TideArsenal

    I had to babysit some comp cases for a few months when I first opened the Birmingham office and those were the longest months of my life
     
  24. MORBO!

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

    Out settlements get filed in the state WC system, so I get to see what people settle for when they’re idiots and fire me. I had one fire me after I told him $16k was the best we could do. I got fired. Six months later he settled for $10k.
     
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  25. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Same here. I had a guy whose FCE said he was self limiting horribly. His treating ortho gave him a 0% rating and no restrictions. The guy was saying he couldn't get out of bed and couldn't work. They offered like $7k because the case was basically worthless. He fired me. I did a ton of work on his case so I filed a lien. He went to a few other lawyers that turned him down. Then he settled the case for the same amount as the original offer and I was paid my lien.
     
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  26. Bo Pelinis

    Bo Pelinis WE GO HARD ON EARTH
    Donor TMB OG
    Nebraska CornhuskersBig 8 Conference

    This is the worst thing about negotiation:

    Me: "Hey here's something to sign to cover this instance."
    Them: "I don't want to sign that I want to use my own."
    Me: "Alright let's see it."

    *Produces something ridiculous and unnecessary for the situation*

    Me: "Hey your document sucks do better."
    Them: "Please tell me what you want to change."
    Me: "It's 11 pages single spaced for something that should take 1 page so I don't want to take time to itemize every reason why I'm telling you no."
    Them: "I don't understand."


    :killmepete:
     
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  27. Tilly

    Tilly Souf Cack
    Donor TMB OG
    South Carolina Gamecocks

    Pad them hours, man. :rain:
     
  28. Bo Pelinis

    Bo Pelinis WE GO HARD ON EARTH
    Donor TMB OG
    Nebraska CornhuskersBig 8 Conference

    I don't bill hourly.
     
  29. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    i love practicing law.

    we have our legal assitant get word copies of discovery from the other party and then format it for us and then we go off that formatting when calling clients to go over discovery.

    my dumbass legal assistant somehow missed 10 RFP. opposing counsel sends us a letter saying hey you guys didn't answer the last 10 RFP what is the deal? we say it was an error and to please allow us 10 days to answer them.

    he has his associate respond that we have 10 days to answer without objections and that if we don't he will file a motion for sanctions.
     
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  30. Z

    Z Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    wes tegg , have you noticed a particular lawyer in Birmingham who was personally sanctioned a while back acting totally differently?

    Just am wrapping up a case with her, and could not have been any more pleasant and easy to deal with. It was honestly bizarre.
     
  31. BUstang

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

    If it's Harris County I would tell him to eat my ass. What a fucking dork.
     
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  32. wes tegg

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

    I'll believe it when I see it.

    Funny you mention her, though, because I thought of her today. A co-defendant got a denial of coverage (defense and indemnity) based on failure to notify the carrier in a case where not one deposition has been taken and where the plaintiffs' lawyers each had negotiated with the carrier before filing. I can't confirm it, but I'm near certain that the coverage decision had her hands on it.
     
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  33. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    reviewing stuff before a deposition in half an hour

    the expert defense counsel hired said that my clients treatment was reasonable and that all but the charge for a massage were reasonable as well.

    umm ok thank you!
     
  34. Z

    Z Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    Yeah, that sounds more like it. I did have to call her out in the middle of an expert deposition for just completely misrepresenting my client's deposition testimony in order to try and confuse the witness. But that's par for the course there.

    I'm not sure what it was. I have about 3 defendants in this case. One of them I've got absolutely nailed to the wall, and I think she just desperately wants out even though her activity is sort of minor. She's almost been working for me against this other Defendant.
     
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  35. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

  36. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    waiting for a depo to start. bullshitting with opposing counsel.

    he started at allstate in may. he's tried 8 cases to verdict and has one set on monday and one on thursday next week that both look like they're going to go
     
  37. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    Holy fuck this is terrible

    The doctor didn’t review a single thing
     
  38. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    And just got a motion to exclude my expert because he admitted there was a typo in his records and they’re saying they are now unreliable