Lawyer thread

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

  1. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    What all is at play? If it's just a run of the mill MVA, I'm not a fan of adding much. Unless there's something really really helpful in there, I think lawyers greatly over-estimate impact of instructions. 90% of jurors are almost completely tuned out by that point.
     
  2. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Let's say an admitted liability car wreck with soft tissue injuries.
     
  3. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    I wouldn't get too cute.
     
  4. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I'm looking for an actual numerical range. Like 10-15?
     
  5. El Tiburon

    El Tiburon Well-Known Member
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    Florida Gators

    Does Alabama not use standard instructions?
     
  6. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    Above and beyond the patterns for negligence, etc.?

    I might would add 1-2 more above the pattern for that situation, and maybe none.
     
  7. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    Gump is in MS. We use pattern, but most judges I deal with will allow additional if its coming from case law.
     
  8. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    We have model jury instructions and most of those get used but depending on the facts of the case you see other ones come in.
     
  9. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    I cannot imagine doing 10-15 additional instructions over the model ones in a soft-tissue MVA with fault admitted. That's WAY overkill.
     
  10. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I'm saying 10-15 total with the model instructions. I don't think every case even needs 10 model jury instructions. You have your typical ones on negligence, typical on proximate cause, typical on depositions should be taken seriously, etc etc. But even of the model instructions Plaintiff and Defendant don't always agree on which model instructions should be used or which should be left out. I usually have 2-3 custom instructions that aren't model instructions. Maybe 5 in a more complex case.
     
    Z likes this.
  11. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    Cumulatively, 10 isn't a bad number.
     
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  12. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    There’s really not a numerical range.
     
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  13. El Tiburon

    El Tiburon Well-Known Member
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    Florida Gators

    I'm still confused about the MS model instructions. Florida may not do much well, but the model jury instructions are basically non-controversial and almost universally accepted by both sides. Once in a blue moon you might argue about whether instructions involving intervening or superseding cause need to be read to the jury, or minor things like that. It is very, very rare that special instructions are read and usually when plaintiffs' counsel requests anything beyond the standard instructions we fight like hell to keep them out and almost always prevail.
     
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  14. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Yeah, very few judges here will read anything other than a pattern charge. We’ll still fight over which ones need to be read.
     
  15. Z

    Z Well-Known Member
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    Only way I get anything other than pattern is when it's a direct quote from a case.
     
  16. Gallant Knight

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    in a standard MVA i've never even heard of anyone trying to do anything other than the texas pattern jury charge
     
  17. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Idk I feel like I've tweaked jury instructions from pattern ones and added a little language to fit the case and have gotten it in . I'd say 90%+ are pattern.
     
  18. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    What did we say is the normal sick leave and vacation leave your firms give staff members? 20 vacation days and 5 sick days?
     
  19. Gallant Knight

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    I do 3 weeks and unlimited sick days and if they take a few extra days off I don’t care
     
  20. Gallant Knight

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    Can also feel the 4 years of no more than long weekends is catching up to me. My motivation at work has dwindled significantly in the last month or two
     
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  21. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Have you had any jury trials yet ?
     
  22. Gallant Knight

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    Not yet this year. Settled one two weeks ago on Thursday night with a pref setting we had on the following Monday. In the two weeeks prior to that we had three trial settings where we we’re ready to go but we weren’t reached so they were reset. We have two set for first week of March.

    I’m getting married March 14th and we had to file like 7 continuances for cases we had set that week and the following week
     
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  23. Gallant Knight

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    have a def doctors depo this afternoon and apparently the def lawyer only provided him with like 70% of my client's records and his 10 page report is 9.5 pages of summary of the records and .25 pages of well she had preexisting conditions, please feel free to contact me in the future.

    i was also at his office two weeks ago for a depo of one of his partners hired by the same def firm.

    this should be fun
     
  24. colonel_forbin

    colonel_forbin Well-Known Member
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    You know what's an absolute racket? The American Arbitration Association. I just paid a $7,700 filing fee and that doesn't even include the arbitrator's costs.

    Why on earth would anyone choose AAA over just going through a private arbitrator?
     
  25. bro

    bro Hey Hermano
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    as a new associate, I get 10 hours a month until I reach my 3rd year.

    10 x 12 = 120 hours, which equals 15 days. This includes sick days. Fairly flexible on working from home if you couldn't make it to the office.
     
  26. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    As a lawyer, you have to keep up with sick and vacation days? I have never heard of such a thing.
     
  27. bro

    bro Hey Hermano
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    They are just treated the same. Evidently they used to be separate, but they decided to forego the distinction.
     
  28. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    That wasn't what I meant. Anywhere I've ever been has just adopted a "as long as you get your work done, we don't care" philosophy. I have always assumed that was the prevailing method.
     
  29. momux

    momux AFAM Scholar
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    “Unlimited PTO” aka no PTO.
     
    bigred77 likes this.
  30. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    I was in a deposition the other day and the defense lawyer, who is a partner, when talking with my client about sick days, mentions that with her firm she has a certain number of sick and vacation days. Blew my mind.
     
  31. bro

    bro Hey Hermano
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    I guess I can't really say speak to whether it is abnormal or not. Of course what matters most is hitting your hours / work requirement. And I can see how most offices bypass the formality. I definitely did not blink when it was described to me. But obviously I am very green.
     
  32. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Surely she was talking about staff.
     
  33. Gallant Knight

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    The first firm I worked at out of law school I had to finger print in and out so the head guy could see how long we were at our desks

    Apparently now its a 55 hour a week minimum and if you take time off you have to make it up on weekends/holidays
     
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  34. Oranjello

    Oranjello Well-Known Member
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    Which org would you recommend over AAA? Been a few months since I've looked into the different organizations and cost is typically a lesser factor than others (e.g., venue), but would be useful to know.
     
  35. colonel_forbin

    colonel_forbin Well-Known Member
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    You don't have to go through an organization at all. There's plenty of independent people that can just be an arbitrator. Former judges, etc. This is only the third arbitration I've had, but we just used a local former judge for the first two. Saves thousands of dollars charged by the organization that don't even go to the arbitrator
     
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  36. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    She specifically referenced how many days she got. Unless she was just making it up to make question easier...
     
  37. Gallant Knight

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    Arkansas RazorbacksHouston AstrosAston Villa

    Another mediation story for y’all to consume

    in October def counsel said if you make a demand for $27k I will get it for you. I tell client and medical providers hey looks like I’ll have $ for you in 30 days

    A week later I get a letter from the adjuster offering $20k

    I call lawyer and email and am like wtf.... no response

    At mediation today and mediator made lawyer come in an apologize and now they’re trying to get me to take $25k

    I said absolutely not. Made me look like shit to my client and providers and now I’m paying $700 for mediator

    Def lawyer is like well I can’t go to the adjuster and say I promised him x. Was like well then why the fuck did you?

    I almost never get mad or take things personally but I am hot right now
     
  38. CoastalOrange

    CoastalOrange Well-Known Member
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    “Hey (insert Def Lawyer name here), you Cumstain, the demand is now 302 million. Pay up fuckface.”
     
    bertwing, Oranjello, ukcats8 and 8 others like this.
  39. BUstang

    BUstang Lawyer

    Going through this now but with bigger numbers. Very frustrating.
     
  40. Big Meech

    Big Meech I like turtles
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    It's the only thing that matters
     
  41. Sammy Meatballs

    Sammy Meatballs Well-Known Member
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    it blew my mind to learn that there's quite a few places that don't take that approach.

    i kindly explained that i don't function very well in that sort of structure.
     
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  42. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    I’m personally a big work in the office guy, but fuck that noise.
     
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  43. bro

    bro Hey Hermano
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    I’ll have to really tell the partners at my firm what’s what!
     
  44. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    Ohio State Buckeyes

    As a younger associate, I think it can be critical to do your desk work in the office.

    I give work to associates I see and with whom I interact. If I have a question about a case, I don’t want to have to find you or wait a day until you can pull that file because I’m calling your cell and you don’t have it with you at home.
     
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  45. Sammy Meatballs

    Sammy Meatballs Well-Known Member
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    Alabama Crimson TideArsenal

    Hire the right people and it all works itself out
     
    wes tegg likes this.
  46. Bricktop the white

    Bricktop the white Well-Known Member

    Trying to get a CME set on a UM case. We agree on a date. Plaintiffs attorney files a litany of baseless objections and demands for a protective order regarding the scope of the cme. We set a hearing on the objections but I get sick and we reschedule the hearing for after the cme date. Plaintiffs attorney confirms to us 2 days ago that plaintiff will attend the cme regardless of the status of the hearing.

    Get a call from our CME doctor this afternoon asking where plaintiff is. Turns out plaintiffs attorney called her this morning and instructed her not to attend and didn't bother telling us.

    Instructing your client not to attend a UM cme when their policy literally requires it is just some real Galaxy brain shit.
     
    Gallant Knight likes this.
  47. Gallant Knight

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    Have probably represented 3000 people at this point and have never had one have to do a cme
     
  48. Bricktop the white

    Bricktop the white Well-Known Member

    As in you've instructed all 3000 not to do a CME or you've never instructed one of them to skip a CME?
     
  49. buy_dont_lease

    buy_dont_lease Ha ha ha. What a story, Mark.
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    As in nobody asks for a CME in Texas.
     
  50. Bricktop the white

    Bricktop the white Well-Known Member

    Huh. They're pretty standard in Florida on all but the smallest cases. All UM policies in Florida from the big carriers have provisions that allow them to order as many cmes as they want. Have no idea why plaintiff's attorney feels the need to potentially get his client's coverage voided.