Lawyer thread

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

  1. AHebrewToo

    AHebrewToo Albino Hebrew Extraordinaire
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    Thanks. This is the info I was after. Appreciate it.
     
  2. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Michigan has some weird insurance laws, like no-fault PIP without a maximum limit. Unless something is abnormal about his case, the "offer" we're talking about in this context is going to strictly be for general damages.
     
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  3. Gallant Knight

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    If she fractured her hip you need to hire a lawyer. I don’t want to be a dick, but it’s obvious you don’t know how this process works
     
  4. Sammy Meatballs

    Sammy Meatballs Well-Known Member
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    the chiropractic gold rush
     
  5. AHebrewToo

    AHebrewToo Albino Hebrew Extraordinaire
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    I appreciate that. I'm a simple transactional tax attorney and have never proclaimed to know how this process works. So I don't think you're being a dick.

    When I initially told this thread about her injury this summer, you (and others) said I should hire a lawyer. I contacted an attorney for an informational meeting and he told me his fees would be the a percentage of the difference between their initial settlement offer and what he was able to settle for. So we're in the process of requesting an initial settlement offer from the defendant's insurance. Then we will hire the attorney we previously spoke with (and who came highly recommended from a close friend and president of our county's bar association).
     
  6. Gallant Knight

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    i don't profess to know the intricacies of mighican pi law, but generally when someone does what you do and tries to handle it themself for awhile and then get me involved because they want to 'save money' they've done enough harm to their case that they've cost themselves significantly more money than anything they think they're saving.

    i guess it's too late in the game now.

    my recommendation is to gather her medical records and bills and send a demand to the insurance company. if you want a form of a simple demand we use PM me and i can email you a copy.
     
  7. AHebrewToo

    AHebrewToo Albino Hebrew Extraordinaire
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    That would be great.

    My approach was going to be to email the person handling the claim with something like the following:

    [Note to TMB lawyers: the dude sent a form settlement offer that was edited, poorly, to apply to just personal property but he inadvertently left language in the offer that made it seem like it was a release from all claims]

    [Name],

    Thanks for your settlement offer (claim no: [ ]).

    At first I understood the settlement offer to be for only the bicycle, but there are some inconsistencies with the settlement as it appears to be a release from all claims.

    I have been in contact with an attorney who has indicated this settlement for all claims is substantially lower than it should be. He offered to assist with the claim, but before I engaged him I want to know what your settlement offer would be for all claims.

    Please send a revised settlement offer for all claims.

    Thanks,
    Mrs. Heebs
     
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  8. Z

    Z Well-Known Member
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    wes tegg and RJF-GUMP ,

    I’m going to be in Montgomery for depos on Wednesday. What do I want for lunch?
     
  9. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    What part of town?
     
  10. Z

    Z Well-Known Member
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    Tallapoosa St., but I should be wrapping up around lunch, so I’m free for anywhere.
     
  11. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    My dad moved to the Birmingham area so I'm relatively out of touch. Fancier places- LaJolla, Vintage Year, City Grill. Non fancy places-Sams BBQ , Ala Thai (if it's still there), Leks Taste of Thailand downtown aka Railroad Thai (if it's still there). Martins has pretty good fried chicken and blue plates.
     
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  12. Oranjello

    Oranjello Well-Known Member
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    When I first started at my current firm and I was looking for work, I worked on a dispute that has proceeded to litigation. Our client is the plaintiff. As part of my work, I created a somewhat complicated and very detailed spreadsheet in order to come up with a dollar amount to demand from the defendant. To put together the spreadsheet, I spent time reviewing documents and familiarizing myself with a decade of client business records and communications between the parties. The primary issue is the amount of money the defendant owes the plaintiff, as liability has essentially been admitted (there are a few counterclaims but at the end of the day the defendant is going to be paying plaintiff something).

    Defendant has now noticed a deposition of a 30(b)(6) representative for our client, and the litigation partner in my firm who is handling the matter is considering making me the 30(b)(6) witness. He thinks the benefits outweigh the downside of destroying some attorney/client privilege.

    I am only familiar with 30(b)(6) reps from bar exam prep, so I am wondering what to expect since I've never been deposed before and 30(b)(6) is a kind of unique situation. Any thoughts or concerns I should be aware of before I go speak with the partner?
     
  13. BamaNug

    BamaNug A lot of problems with you ppl
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    Based on just what you said, I would run the fuck away unless it meant my job. As a general rule, I've always been taught to avoid having the lawyer testify at all costs.

    I cannot imagine a situation in which the benefits of destroying attorney-client privilege outweigh anything
     
  14. BamaNug

    BamaNug A lot of problems with you ppl
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    Have you reviewed the 30b6 notice? Generally it has a list of topics the other side wants to question the deponent on.
     
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  15. Oranjello

    Oranjello Well-Known Member
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    I just did, and yeah some of the topics are things I have no information about and date back to when I was still in high school. I would prefer to avoid being deposed, so I think I am going to suggest me helping prep someone at the client rather than me being the witness. Gracias
     
  16. BamaNug

    BamaNug A lot of problems with you ppl
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    Sometimes, 2-3 people can serve as a 30b6 witness if the topics are super-broad, but that's rare.

    30b6 is literally a representative of the company -- you are speaking on behalf of the company -- you don't want to do that. Additionally, 30b6 prep time can be super long and arduous, so even if it takes hours for you to explain that spreadsheet to your client, spend those hours and familiarize him with it. I've had 30b6 prep meetings span more than 6-7 hours and more than a full day.
     
  17. Ray McKigney

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    I had a 30b6 prep meeting last 9 hours just the other week.
     
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  18. Brandon Chicken

    Brandon Chicken Chow Time
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    1. Fuck that
    2. I don’t see how you could be a corporate rep for a client. There’s a thousand reasons why that’s a bad idea not the least of which is you have no personal knowledge of anything.
     
  19. El Tiburon

    El Tiburon Well-Known Member
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    Started a one-week wrongful death medical malpractice trial on Monday. Towards the end of jury selection -- luckily handled by my partner -- I started feeling a little warm and my throat was scratchy. Woke up yesterday with a full-blown case of the flu complete with fever, chest congestion, muscle aches and fatigue. Worst part is that I was handling opening statements for us, and my voice was cracking in and out because of the inflammation. I managed to get through the opening well enough and fortunately the balance of the day was taken by the Plaintiff's direct examination of their expert so I didn't have to do anything other than take notes and try not to fall asleep. Now, I never ever ever get sick, and the handful of times I have in my life it always lasts 24 hours at most. Again, fortunately, my partner is cross-examining the expert this morning so I can cruise a little bit until he afternoon when the survivors go on.By the time I get home last night every single muscle n my body hurts, I can barely breathe and I have a splitting headache. Sent the family upstairs so as not infect them and tried to sleep on the coach. Got about three hours in when I woke up suddenly because I had trouble breathing and proceed to hack up about three pounds of thick, nasty phlegm. Been up since 2:45 AM because laying flat aggravates my issues. Unfortunately, judge wants us in court at 9:30 AM and the urgent care clinics here don't open until 8:00 AM. Basically, this means I'm shit out of luck with obtaining prescription meds to get through the day. I actually feel about twice as sick today as I did yesterday. This fucking job is going to kill me.
     
  20. SmoochieWallace

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    While I completely agree that it is a terrible idea, I would note that a 30(b)(6) doesn’t actually have to have any personal knowledge of the designated topics to sit as the rep. They can gain the knowledge necessary to testify by reviewing records and speaking to others.
     
  21. Big Meech

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    That sucks man
     
  22. Brandon Chicken

    Brandon Chicken Chow Time
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    This is true. But the person should actually have personal knowledge of the business is what I’m trying to say. I think there is a distinction between an employee gaining the knowledge necessary to testify and a lawyer doing so.

    Also just seems like an incredibly shitty thing to do to an associate.
     
  23. SmoochieWallace

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    Agreed. You’re attorney can’t fact as a fact witness.
     
  24. Oranjello

    Oranjello Well-Known Member
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    Had lunch with the partner in charge of the client yesterday and he laughed at the idea. Responded to the litigation partner’s email around 6pm yesterday and basically said, “looking at the notice, multiple items noticed took place when I was 13 years old, so I don’t think I’m qualified to speak. XX seemed competent a year ago, so I’ll prep her and we should be good.” He immediately responded with “there’d be others deposed, too, to speak to those things.”

    I haven’t responded yet and may not respond at all. Hopefully the partner in charge chimes in soon. I think the litigation partner (older guy) is just intimidated by the spreadsheet and doesn’t know a better way.
     
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  25. Sammy Meatballs

    Sammy Meatballs Well-Known Member
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    30b6 is one of those things that you quickly realize a lot of people don’t fucking understand whatsoever.
     
  26. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    You can designate multiple 30(b)(6) witnesses for different topics.
     
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  27. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    I’d get fully torqued of the other side designated a lawyer. We’d spend a couple of hours on compensation questions.
     
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  28. Oranjello

    Oranjello Well-Known Member
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    Tight, I’d love to have a comp discussion with the partner in charge of the client in the room. He also is on the board of the firm
     
  29. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    As a technical matter, the scope of a 30(b)(6) is limited to the topics for which a witness is designated.

    As a practical matter, this raises all kinds of privilege waiver and conflict rules.

    If your jurisdiction follows ABA Rules for Professional Conduct, 3.7 automatically conflicts you as a witness in the case. You are not trying any aspect of it moving forward.

    None of your attorney client communications concerning damages are privileged due to waiver.

    If I am opposing counsel, I immediately ask for every e-mail you sent during the period and force you to compile a 100 page privilege log if you withhold anything.

    That cost alone makes it more effective to educate a corporate witness instead. If the info on the spreadsheet is backed by documents, the witness simply testified as much and you invoke Evidence Rule 1006.
     
  30. Oranjello

    Oranjello Well-Known Member
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    Thanks, going to look into some of this and use it as ammunition to try and avoid it. This is silly.
     
  31. bertwing

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    AHebrewToo i hope you’ve hired a lawyer to handle your wife’s case

    This is coming from someone on the insurance side
     
  32. Druce

    Druce Fuck football.
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    Hey Guys, my wife and I got a letter from our pediatrician that our 3 kids and subsequently ourselves as well as my parents were exposed to a doctor who has tuberculosis for roughly a 9 month time frame. The kids directly saw him and both of us and my parents have taken them to the appointments. Per the cdc we all have to go Friday and get TB tests. My wife's boss also takes his kids to this office and has suggested we get a lawyer as he is doing himself. I hadn't really given much thought to this, but should this be a consideration at this point?
     
  33. Big Meech

    Big Meech I like turtles
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    BE PREPARED FOR SOLICITATIONS
     
  34. colonel_forbin

    colonel_forbin Well-Known Member
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    Y'all should go ahead and push him out of the firm because he's clearly senile.
     
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  35. Oranjello

    Oranjello Well-Known Member
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    No comment
     
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  36. bwi2

    bwi2 Not affiliated with BWI
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    Holy shit that’s a comically bad idea
     
  37. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    I have a comp claim where the guy got electrocuted on the job in 2018 and has been released to full duty now with a 5% whole body impairment rating. He had generalized neurologic symptoms, vertigo, CRPS. I made a 6 figure offer based on prior restrictions that have now been lifted. I was thinking the case was now worth like $10k. Adjuster made $47k opening offer yesterday. Shocked me. I guess they think he's going to have a lot of future medical because they offered to send him to a TBI clinic.
     
  38. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    Guy gets in a wreck in Louisiana with an uninsured motorist. Guy is a MS resident with a MS UM policy. Does the LA 1 year SOL apply or does the 3 year MS SOL apply? Can the case be filed in MS in the county where the policy was written or where vehicle is principally garaged? Or does it have to be filed in LA?
     
  39. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    A little research shows that SOL is procedural not substantive. I think MS substantive law would apply but LA procedural law would apply. Thus you could file it in MS but the 1 year SOL would apply? That's my initial take on it.
     
  40. Big Meech

    Big Meech I like turtles
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    Serious question about asking these questions - you research this type of shit on your own right?
     
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  41. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    no I blindly depend on the answers of TMB lawyers because I respect you guys that much
     
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  42. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Look at both state's UM statutes to be certain, but normally UM claims are contract-based, meaning that the SOL for a contract applies. You can file wherever venue is proper, which would depend on your state's venue statute and rules of civil procedure.
     
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  43. Big Meech

    Big Meech I like turtles
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    Just checking. You ask this type of stuff a lot
     
  44. colonel_forbin

    colonel_forbin Well-Known Member
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    As you should. :heythere:
     
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  45. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    I usually get quick answers that are spot on.
     
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  46. Gallant Knight

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    Big Meech is having one of his bad days. Ignore him
     
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  47. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    I couldn't imagine working by myself, especially when I was first starting off. I bounce ideas off of a handful of co-workers several times a week.
     
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  48. Sammy Meatballs

    Sammy Meatballs Well-Known Member
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    that was the hardest part about starting offices for me. I actually enjoy the collaborative part of practicing law with people I like and respect. Being by yourself sucks.
     
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  49. Z

    Z Well-Known Member
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    Absolutely. I’ve said several times that I would have committed a ton of malpractice if I was practicing alone—especially initially.
     
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  50. Z

    Z Well-Known Member
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    Have a trial scheduled for next month. I took a 30(b)(6) depo a year ago. It went very well.

    In the last couple of weeks I have gotten some new information/documents that I would have loved to discuss in that depo. Any way I can get this guy (out of state) live at trial?
     
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