Lawyer thread

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

  1. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    I am fucking livid. Trial set for Monday in a case that's been going on for four years. There's some last minute settlement discussions, but the other side is still offering pennies. I ask the defense lawyer what the fuck is going on and if he can give me some insight considering the undisputed damages are more than $500k.

    He basically says, "We think this is excluded under the policy and we'll file a DJ action if we lose. We're defending the claim but we won't pay it. And if we lose on liability we're going to appeal."

    Dude, why the fuck are you just now bringing up this coverage issue after we've been fighting like cats and dogs on liability and damages for four years? Do you know how much fucking time and money I've wasted dealing with this?

    Sandbagging son of a bitch.
     
  2. Big Meech

    Big Meech I like turtles
    Donor
    Clemson TigersJacksonville Jaguars

    #lawyered
     
    bro likes this.
  3. 941Gator

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

    But is it excluded?
     
  4. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Probably, but it's more complicated than just the policy language and involves a third-party claims administrator company and some behind-the-veil facts that they didn't tell us about until today. I'd 100% fire the attorney if I was the insurance company for wasting money on defense costs for four years.
     
  5. wes tegg

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

    Did you ever get an acknowledgement that they were defending under an ROR? This sounds a lot like bad faith. Defense and coverage have to be separate. The defense lawyer is acting in an obvious conflict of interests.
     
  6. wes tegg

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

    If you’re defending, you have a duty to find/preserve coverage for your client. I’ve ghostwritten dec action complaints for clients’ personal attorneys to file in a number of cases.
     
  7. wes tegg

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

    colonel_forbin write a letter to the defense attorney telling him that y’all will enforce any judgment against his client/insured personally, regardless of the coverage decision. Shine a bright ass light on that conflict. I bet the client has no idea he could have his own lawyer.
     
  8. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Nope, no acknowledgement. It's a case with claims against a company and the owner, and policy only covered the company. The owner had separate, independent counsel that he was having to pay out of his pocket. I don't know whether they informed the owner, but I do know they didn't inform the owner's independent lawyer because I just got off the phone with him and he was pissed.

    And we settled with the owner and two other parties two weeks ago without any idea that there may be coverage issues for the company. We would have totally done everything different as little as two weeks ago had we known (to say nothing of the four years we've worked on this case).
     
  9. wes tegg

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

    Lean on the personal attorney. The company has the same rights under a policy as a person would. They can’t expose it to a judgment just because it could dissolve. That’s akin to saying that you don’t have a duty to settle within limits because a person could file bankruptcy if you got an excess.
     
    Z and colonel_forbin like this.
  10. (Z)

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

    Yeah, no beuno from that guy. Appreciate guys like wes tegg that do it the right way. I mean most do, but when you get one that doesn't, just makes the whole experience miserable.

    Got a case I'm trying to get tried in spring with defendants fighting each other over indemnity/defense issues. Trying to continue my trial over those. Um no, you can't file a 3rd part complaint in my jury trial case that is solely related to coverage issues.
     
    Nelson and colonel_forbin like this.
  11. Nelson

    Nelson Can somebody please get Ja Rhule on the phone
    Donor
    Nebraska CornhuskersDenver NuggetsDenver BroncosColorado AvalanceBorussia DortmundManchester UnitedColorado State Rams

  12. Daniel Ocean

    Daniel Ocean I only lied about being a thief
    Staff Donor TMB OG
    UCLA BruinsDenver BroncosLos Angeles KingsSneakersBook Club

    I have a lawyer question. Please help.

    I know a couple who separated awhile ago they have a 8 year old son. They had a “friendly” arrangement about custody and child support. For some reason the dad stopped with the support so the mom after a few months of not getting anything stopped letting the son go to him. She went to court and got a court order for child support. They have an appointment for mediation for visitation.

    My question is this he was supposed start paying in January but was refusing. I talked to him and had him pay about 30% of what the court ordered. Can someone tell me what he is risking by not paying? I am closer with the kid’s mom but I like the guy so I don’t want him to get in further trouble.

    Their mediation is in June. What happens if he doesn’t pay the full amount from now to then?
     
    wes tegg likes this.
  13. Tilly

    Tilly Souf Cack
    Donor TMB OG
    South Carolina Gamecocks

    Being found in contempt of court and the prejudical effect when/if it goes before a judge. Child support and visitation are separate things and you can't withhold one because you're unhappy with the other.
     
    ARCO, bigred77, CF3234 and 4 others like this.
  14. Craig Pettis

    Craig Pettis Que será será motherfucker
    Donor
    Memphis TigersTennessee VolunteersSt. Louis CardinalsMemphis GrizzliesMetalPoker

    Depends on the state. Here failure to pay child support is contempt of court, usually civil but sometimes criminal; however, some states make it a crime to not pay child support. He could potentially be looking at jail time
     
  15. Daniel Ocean

    Daniel Ocean I only lied about being a thief
    Staff Donor TMB OG
    UCLA BruinsDenver BroncosLos Angeles KingsSneakersBook Club

    It’s here in California. What can I tell him to get him to start paying? Would the partial payment be any better than nothing or would the court see it as nothing?

    Also the mom isn’t letting him see him because of him not willing to pay the support. There is currently no court order to the visitation so while I find it wrong for her to do that she isn’t in violation. Or is she violating anything?
     
  16. wes tegg

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

    Yeah, here an extended failure to pay child support puts your ass in the slammer.
     
  17. Tilly

    Tilly Souf Cack
    Donor TMB OG
    South Carolina Gamecocks

    Tell him he's looking at going to jail if he doesn't pay. Partial payment is better than no payment, but likely won't save him from jail time.

    Idk about family court procedure in California (or where his case is procedurally) but he should be able to ask the court to set a temporary visitation schedule for the pendency of the litigation.
     
    Craig Pettis and Daniel Ocean like this.
  18. Daniel Ocean

    Daniel Ocean I only lied about being a thief
    Staff Donor TMB OG
    UCLA BruinsDenver BroncosLos Angeles KingsSneakersBook Club

    thank you. I’ve been trying to help and the mom is willing to have things go back to normal if he starts complying with the Child support order.
     
  19. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    Don’t know if your state allows it, but one option worth looking into at least is coverage by estoppel. In some circumstances the insurer’s failure to raise a timely ROR and alert all interested parties could constitute a waiver of an otherwise valid coverage defense, especially if the late defense results in demonstrable prejudice to the insured.
     
    wes tegg and CoastalOrange like this.
  20. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Yeah, Alabama has that. The problems it that I'm guessing the owner was informed, but he's just such a shit human that he probably didn't even inform his personal lawyer, who would have told us.

    It's a total mess.
     
  21. Craig Pettis

    Craig Pettis Que será será motherfucker
    Donor
    Memphis TigersTennessee VolunteersSt. Louis CardinalsMemphis GrizzliesMetalPoker

    tell him if he doesn’t pay the balance in full he might go to jail :idk: Again, I can only speak from my experience here in Tennessee, but we can negotiate settlements (purge payments to purge the contempt) but idk if that’s how they roll in Cali. So general rule is the more he pays, the better, and his safest bet is to satisfy the entire balance.

    Like Tilly said, child support and visitation are two separate legal issues so the mom withholding the kid does nothing to the court order mandating that he pay child support.
     
    Daniel Ocean likes this.
  22. (Z)

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

    Yeah, he better pay. He’s going to get slapped by the court—either sanctions including time or less generous custodial/visitation order. Nothing but bad is coming from failure to pay.
     
    Daniel Ocean and Nelson like this.
  23. REGGNECK

    REGGNECK You wanna know what I been down , DONT BOTHER ME
    Donor
    Georgia BulldogsAtlanta BravesLos Angeles LakersDallas CowboysBayern MunichTiger WoodsGrateful Dead

    Not a lawyer but some states suspend your drivers license...:twocents:
     
    Daniel Ocean likes this.
  24. Daniel Ocean

    Daniel Ocean I only lied about being a thief
    Staff Donor TMB OG
    UCLA BruinsDenver BroncosLos Angeles KingsSneakersBook Club

    Thanks guys. I appreciate the help. Hopefully I’ll be able to talk some sense into him.
     
  25. Tilly

    Tilly Souf Cack
    Donor TMB OG
    South Carolina Gamecocks

    One other thing, in sc and I'm pretty sure all other states if you have a history of non-payment then you're much more likely to be required to make payments through the court or state child support division. This normally includes him paying service fees on top of the support. In sc that's 5% in fees above and beyond what he's required to pay, so $1000 a month would become $1050 a month he's paying. It'll essentially cost him even more money to continue down this path.
     
    Daniel Ocean likes this.
  26. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    I have clients who have like $45k+ in outstanding child support who are out and about like nothing is wrong
     
    bigred77 and RJF-GUMP like this.
  27. wes tegg

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

    If he had a personal lawyer and they didn't inform him, they're still in a pickle.
     
    colonel_forbin likes this.
  28. wes tegg

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

    Here, a child support lien is primary to pretty much everything. I once had a personal injury case settle for $100k and every dime of the plaintiff's settlement cut went to his baby momma.
     
    bro and RJF-GUMP like this.
  29. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    Same. We can usually get them like $1k and that’s just so they actually sign the release
     
  30. Craig Pettis

    Craig Pettis Que será será motherfucker
    Donor
    Memphis TigersTennessee VolunteersSt. Louis CardinalsMemphis GrizzliesMetalPoker

    I’ve been working contempt cases for about it a year and 45k would be around the median amount of arrears. I’ve had probably double digit clients who were 6 figures behind, although that is almost always due to a high retroactive amount
     
    Gallant Knight likes this.
  31. Tilly

    Tilly Souf Cack
    Donor TMB OG
    South Carolina Gamecocks

    I know that happens. Still would be a stupid thing to bank on or hope for.
     
  32. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    And just asked a judge during docket to push back a trial 60 days because of my bachelor party

    everyone else in the court room was cracking up
     
  33. Fudd

    Fudd I bring terror like Stephen King
    Donor

    Hello, what am I about to get myself into
     
    ARCO and wes tegg like this.
  34. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Blasted Tricare Liens. Have $100k settlement that is taking forever because of them. And another $30k premises settlement held up because of them.
     
    wes tegg likes this.
  35. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    Well did he grant it?
     
  36. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I was pretty surprised on that premises case. Some cooler was leaking at a grocery store and my lady falls because of the liquid and ruptures her hamstring. Had like $13k in meds. The adjuster pretty much admitted liability-Liberty Mutual-and fought me on damages. Premises law is tough here so they must have known they had a leaky fridge/cooler. They usually fight you like hell on liability in premises cases.
     
    wes tegg likes this.
  37. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    Judge was like wellllll I don’t know if that’s a good reason

    then she was just like yeah that’s fine see you in April
     
    CoastalOrange, ARCO, bigred77 and 2 others like this.
  38. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Ok so we spoke about this the other day but now it's happening to me. I have a MVA case where a guy has a lien for child support. I'm not aware of many situations in which an attorney fee does not have priority. So I'm just trying to make sure I will at least get paid. I've dealt with this in comp cases but I don't know if I've ever dealt with it in a MVA case.
     
    wes tegg and Gallant Knight like this.
  39. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    We always get our full fee in Texas
     
    wes tegg and RJF-GUMP like this.
  40. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I'm sure the carrier is going to want to pay it regardless but in this case it is a Georgia child support lien trying to attach to a Mississippi MVA case. I wonder if I have any arguments there.
     
  41. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Also does the child support agency ever negotiate on these things or do they refuse and insist full payment? The settlement is going to be less than he owes.
     
  42. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    so, i've handled ~10 of these and my experience has been:

    you will get your full fee
    the medical providers will get paid as they normally do

    your client will get between 500-1000 as, basically, an incentive to actually sign the release.
    the rest of the money will go to the attorney general or whoever handles the child support in that state and will be forwarded to the person who is owed the child support
     
    RJF-GUMP and wes tegg like this.
  43. wes tegg

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

    Does this mean you're going to law school?
     
    ARCO and FaZe Fudd like this.
  44. wes tegg

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

    Yeah, you'll get paid.
     
    ARCO and RJF-GUMP like this.
  45. wes tegg

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

    Full faith a credit clause dog. Conlaw much?
     
    ARCO and RJF-GUMP like this.
  46. Fudd

    Fudd I bring terror like Stephen King
    Donor

    Lord willin, friendo.
     
    ARCO, bro and wes tegg like this.
  47. Bo Pelinis

    Donor TMB OG
    Nebraska CornhuskersKansas City RoyalsKansas City ChiefsBig 8 Conference

    Will Ferrel what an idiot dot gif
     
  48. Fudd

    Fudd I bring terror like Stephen King
    Donor

    fuck off faux pelini
     
  49. bro

    bro Your Mother’s Favorite Shitposter
    Donor
    Tennessee VolunteersLos Angeles DodgersBuffalo BillsBuffalo Sabres

    [​IMG]
     
    CoastalOrange and ARCO like this.
  50. Fudd

    Fudd I bring terror like Stephen King
    Donor

    Looking to practice real estate law in NYC