Lawyer thread

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

  1. 941Gator

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

    With this ambiguous statement you should work for the legislature!
     
  2. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    2nd case i'm about to try in a small county and 2nd time they've pushed us off to another judge. strange
     
  3. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    There are two counties here in Florida (Martin and St. Lucie) that really hold your feet to the fire in terms of forcing you to trial as quickly as possible, and then inevitably in these medical malpractice cases get punted to a visiting judge who doesn’t know dick about the case on the morning of trial.
     
    Gallant Knight likes this.
  4. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    it is pretty fucking annoying. this is by far the biggest case i'm ever going to try and found out today that it's in front of some dude i've never heard of
     
  5. Sammy Meatballs

    Sammy Meatballs Well-Known Member
    Donor
    Alabama Crimson TideArsenal

    Volusia used to be the same way. I accidentally noticed a case for trial there without really thinking about it and next thing you know I need to disclose experts 3 weeks later and I’m set in 2 months.
     
  6. BamaNug

    BamaNug Quentin Quarantino
    Donor
    Alabama Crimson TideAtlanta BravesNew Orleans Saints

    Multnomah County, Oregon (home of Portland) tries to have a trial within one year of Plaintiff's filing of the Complaint. It takes an act of God to get a continuance beyond 1 year.

    Sort of makes sense because there are no expert or witness disclosures (trial by ambush...), but cases move fast as hell.
     
  7. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    that would be awful
     
    buy_dont_lease likes this.
  8. Z

    Z Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    Got a big case wanting to try in April. Will be 4 years this summer.
     
  9. buy_dont_lease

    buy_dont_lease Ha ha ha. What a story, Mark.
    Donor
    Rutgers Scarlet KnightsTexas AandM Aggies altNew York YankeesDallas CowboysTottenham HotspurDallas Mavericks alt

    What county?
     
  10. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    montgomery
     
    buy_dont_lease likes this.
  11. buy_dont_lease

    buy_dont_lease Ha ha ha. What a story, Mark.
    Donor
    Rutgers Scarlet KnightsTexas AandM Aggies altNew York YankeesDallas CowboysTottenham HotspurDallas Mavericks alt

    Well, can't help you there. Thought you might have been talking about an actual small county where I might be able to offer some insight or recommend a local counsel for jury selection or something.
     
    Gallant Knight likes this.
  12. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    nah; it's small in that it basically has two judges who handle everything. but not like 1500 people
     
  13. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Never have the problem you guys are describing.
     
  14. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Does local counsel usually help with jury selection for free because your friends or do you usually pay them something by the hour? How does that work.
     
  15. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    i've had local counsel that i've paid a flat fee and local counsel where they've done something for me with the understanding that if they ever need anything from houston that i'll help.

    depends
     
    RJF-GUMP and buy_dont_lease like this.
  16. buy_dont_lease

    buy_dont_lease Ha ha ha. What a story, Mark.
    Donor
    Rutgers Scarlet KnightsTexas AandM Aggies altNew York YankeesDallas CowboysTottenham HotspurDallas Mavericks alt

    I should have put "jury selection" in quotes. I know of a couple of rural judges near the metro area where GK practices. There are a few attorneys who, by virtue of sitting at the table and doing nothing, can essentially guarantee a favorable outcome with those judges (and juries). Would be worth it on a valuable case, but I'd expect you'd pay either a flat/hourly fee, or even a contingency. I'm sure this is not unique, I just happen to have some insight in those areas, and thought I'd offer if that's where GK's case was pending.
     
    wes tegg, RJF-GUMP and Gallant Knight like this.
  17. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    it can be the same in houston. i haven't gotten into the game of donating to all of the judges reelection campaigns etc., but i know some people who have and 2500 bucks each goes a long way
     
  18. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    and the adjuster just called and said they may just accept our most recent demands instead of trying this case. i hope they don't. we had to make sure they were stowerized because of two other plaintiffs and a few others who had settled and now our demands are too reasonable.
     
  19. Z

    Z Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    LOL, no.

    We do it all the time. And if it's on the Plaintiff's side, I'm taking a set portion of your legal fee, and if it's on the Defense side, we're billing you hourly.
     
    wes tegg, RJF-GUMP and Gallant Knight like this.
  20. Bricktop the white

    Bricktop the white Well-Known Member

  21. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

  22. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

  23. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    how is that going?

    my old boss owed me ~225k and I was pretty close to suing him but I’m so happy I didn’t. We detested each other by the time I left and basically having nothing to do with him since has been awesome
     
  24. 941Gator

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

    225k? Fuck. That’s not being swept under the rug.
     
  25. MORBO!

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

    And here I was feeling dumb for not suing my old boss over like 30k.
     
    bigred77 likes this.
  26. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    was brutal at first a few years ago but we mediated it and then all was well.
     
  27. Z

    Z Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    Wow, didn’t know you had to do that Gump, what’s the story?

    Having a good boss and then good partners makes all the difference. Only reason I’m at where I am now. My managing partner voluntarily started giving up large portions of his share to me just 3 years out of law school.
     
  28. bturns

    bturns a better poster than Bertwing
    Donor
    Arkansas RazorbacksAtlanta FalconsAvengersPGAGame of Thrones

    Who here knows anything about employment law... could use some advice.
     
  29. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    what is your question?
     
  30. bturns

    bturns a better poster than Bertwing
    Donor
    Arkansas RazorbacksAtlanta FalconsAvengersPGAGame of Thrones

    i would prefer to discuss not on the board since it involves my current employer...
     
  31. Ray McKigney

    Ray McKigney Feel my ubiquity
    Donor
    South Carolina GamecocksAtlanta BravesCarolina Panthers

    I am an employment law attorney. Ask me any employment attorney question.
     
    Bo Pelinis likes this.
  32. Tilly

    Tilly Souf Cack
    Donor TMB OG
    South Carolina Gamecocks

    When do we seize the means of production?
     
  33. Ray McKigney

    Ray McKigney Feel my ubiquity
    Donor
    South Carolina GamecocksAtlanta BravesCarolina Panthers

    PM for details
     
    Tilly likes this.
  34. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    nm
     
    #9334 RJF-GUMP, Jan 25, 2020
    Last edited: Jan 25, 2020
  35. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    nm
     
    #9335 RJF-GUMP, Jan 25, 2020
    Last edited: Jan 25, 2020
  36. Tilly

    Tilly Souf Cack
    Donor TMB OG
    South Carolina Gamecocks

    Uhhhhh...... Thanks for the update?
     
    pez likes this.
  37. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

  38. wes tegg

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

    I'm interested in following this one:

     
    BUstang and RJF-GUMP like this.
  39. AHebrewToo

    AHebrewToo Albino Hebrew Extraordinaire
    Donor
    Indiana HoosiersNotre Dame Fighting IrishWashington NationalsIndiana PacersIndianapolis Colts

    PI lawyers: does defendant's attorney have a right to medical records to make a settlement claim? (In Michigan if that matters)

    Looking to settle the claim from when a pickup truck hit my wife while she was on her road bike and the insurance company wants us to give them access to her records.
     
  40. wes tegg

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

    Yes.
     
  41. buy_dont_lease

    buy_dont_lease Ha ha ha. What a story, Mark.
    Donor
    Rutgers Scarlet KnightsTexas AandM Aggies altNew York YankeesDallas CowboysTottenham HotspurDallas Mavericks alt

    Since tegg has answered your question, is your objection (1) providing them with her records relating to the incident, or (2) are are they seeking a release from your wife to directly obtain her records? If the former, there's no getting around that. Defense will be entitled to those records if in suit. If you are seeking to limit their ability to peer into her medical history, you may be able to see if they will be satisfied with you providing the records, or alternatively, a more narrowly tailored release of her records (i.e. limited scope in time, only certain providers, etc).
     
    colonel_forbin and wes tegg like this.
  42. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    Why haven’t you hired a lawyer?
     
  43. AHebrewToo

    AHebrewToo Albino Hebrew Extraordinaire
    Donor
    Indiana HoosiersNotre Dame Fighting IrishWashington NationalsIndiana PacersIndianapolis Colts

    The former. She has made a good recovery, so I'm obviously being tactical not wanting them to know that in making an offer. Just curious what is normal vs. what is required.
     
  44. AHebrewToo

    AHebrewToo Albino Hebrew Extraordinaire
    Donor
    Indiana HoosiersNotre Dame Fighting IrishWashington NationalsIndiana PacersIndianapolis Colts

    Because it's my understanding the fee is a percentage of the difference between the initial settlement offer and the final settlement we get with representation. So I want to get an initial offer before hiring a lawyer.
     
  45. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    You not providing them medical records because she made a recovery from her injuries is legit the opposite of tactical FYI
     
  46. AHebrewToo

    AHebrewToo Albino Hebrew Extraordinaire
    Donor
    Indiana HoosiersNotre Dame Fighting IrishWashington NationalsIndiana PacersIndianapolis Colts

    Also, we wanted to wait long enough to see how the recovery went before making any settlement.
     
  47. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    Lol ok
     
  48. Z

    Z Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    The only way the insurance company can make a good faith offer is to evaluate the medical records, and they’re definitely entitled to them.

    If you try to settle without them having the records, you’re going to get pennies.
     
    #9348 Z, Jan 27, 2020
    Last edited: Jan 27, 2020
  49. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I'd say if your wife has $5k or less in meds then hiring a lawyer might not make sense. The margins at that point just don't look great when the lawyer is taking 35-40%. How much are the meds total?
     
  50. AHebrewToo

    AHebrewToo Albino Hebrew Extraordinaire
    Donor
    Indiana HoosiersNotre Dame Fighting IrishWashington NationalsIndiana PacersIndianapolis Colts

    Not sure.

    Defendant's insurance has covered everything.

    She had a fractured hip. Had initial ER, 4-5 visits to ortho, and months of PT.