Lawyer thread

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

  1. Z

    Z Well-Known Member
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    Yes, if you have landlord tenant issues, please don’t.
     
  2. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    That played out the difference in how different types of lawyers look at cases pretty hilariously. The plaintiffs’ lawyers saw it as a turn down immediately. Those who get paid by the hour had to prove why it was.
     
  3. herb.burdette

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

    I look at it as finding a claim or defense that won’t necessarily be a winner at trial, but one that will survive motions and force a trial. You aren’t trying to win as much as you are using the prospect of litigation cost to force a settlement.

    If the goal is a new lease so he doesn’t have to move, then the issue is whether the landlord faced with the prospect of the claim/defense views the new lease as a graceful exit that can benefit both instead of spending money to litigate.

    The problem is Washington statute of frauds appears to kill this on a Rule 12 motion out of the gate.
     
  4. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    I’d turn it down even if it was a great case. My worst memories in practice of law have been from landlord tenant.

    On one, I have a client that rents out lots on river. No structures just the land. And people usually put rvs or things there. She’s an absentee landlord not paying much attention to what’s going on. Guy actually builds a permanent structure on the lot. So of course thank you, that is now my lady’s house. Guy then turns around and “sells” his house to one of the most insane women I’ve ever met. Cops start getting called, so in order to get the police to physically remove her, we actually file an unlawful detainer. Should’ve been an easy, no problem default. Legal Services of Alabama steps in and actually represents her. I have to have a full on trial where they argue that my client should somehow be forced to have a rental agreement with this woman simply because she didn’t understand the property laws of Alabama. Lawyer also tried to introduce a letter from the man she bought the house from. I of course object, and her response is what do you mean it’s hearsay, it’s notarized. :facepalm:

    After that experience, I’m avoiding landlord-tenant if at all possible.
     
  5. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I'd rather wrestle a Nile Crocodile than deal with landlord tenant disputes.
     
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  6. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    All that’s fine, but in what world do you think a court would enjoin a landlord from selling a property so that a tenant could remain in it without a lease?
     
    #9606 wes tegg, Feb 27, 2020
    Last edited: Feb 27, 2020
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  7. Z

    Z Well-Known Member
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    And when they had agreed that the lease would only be two years?
     
  8. Big Meech

    Big Meech I like turtles
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    False. I am paid but the hour but said hard pass. Don't out that evil on me.
     
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  9. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    As am I. I guess it was just Herb.
     
  10. herb.burdette

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

    Not seeking a injunction, I think his goal is a new lease. The owner of the property isn’t important. If he gets a new lease and the landlord sells, the new landlord assumes the lease.
     
  11. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    Maybe I’m dealing with the wrong judges, but that’s a complete and total loser 100 out of 100 times. Chances of a new lease would be 0%
     
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  12. herb.burdette

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

    We were proceeding on the assumption that was not a valid contract and that the statute of frauds would not kill the promissory estoppel claim.
     
  13. herb.burdette

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

    Again, the goal is not to win the case through trial on the merits, but to allege a colorable claim/defense that forces the issue to be litigated.

    At that point, it’s easier for the landlord to settle by entering a new lease and continue to receive rent from this guy instead of paying the cost of litigation.
     
  14. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    The landlord is looking at a sale of the property compared to litigation costs, whereas the tenant is looking at paying movers now rather than a year from now compared to litigation costs.
     
    Z likes this.
  15. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    Yeah, if a landlord is set on selling the home, unless it’s in a bad area for real estate, a few thousand dollars in litigation costs isn’t going to be a deterrent. These aren’t super complicated issues, and generally landlord tenant issues can be resolved quickly compared to other litigation.
     
  16. herb.burdette

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

    It’s all academic at this point because there is no estoppel defense, but we’re really talking about finding counsel to draft a simple complaint, pay a filing fee, and then settle it.

    The threat of litigation is really mutual assured destruction on cost where the landlord should realize its much easier and cheaper just to keep him under contract with a new lease.
     
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  17. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    That’s an incredibly huge assumption that the owner/seller will have any desire to settle.
     
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  18. Name P. Redacted

    Name P. Redacted I have no money and I'm also gay
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    Kansas State Wildcats

    The house has appreciated nearly $100k in the four years they’ve owned it. Real estate is cool
     
  19. Name P. Redacted

    Name P. Redacted I have no money and I'm also gay
    Donor
    Kansas State Wildcats

    I figured I was dead in the water from the start but I appreciated herb’s attempt
     
  20. herb.burdette

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

    Something about Gretzky missing shots you don’t take.
     
  21. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Why do you think that?
     
  22. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    I'm at a plaintiff's lawyer's office for the download of my client's driver's phone. I'm hoping this is the first one of these I've been to where he wasn't looking at porn within an hour of the accident.

    [​IMG]
     
  23. Big Meech

    Big Meech I like turtles
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    Until its not and you are stuck holding the bag.
     
  24. Name P. Redacted

    Name P. Redacted I have no money and I'm also gay
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    Kansas State Wildcats

    Yep, precisely why we didn't buy.
     
  25. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    Well?
     
  26. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    It takes a long ass time to download a phone. Like 2 hours minimum.
     
  27. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    I’m sitting in car dealership waiting on service to be done. I need some entertainment.
     
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  28. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    I probably won't get the results today.
     
  29. herb.burdette

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

    In the late 1990’s, Cincinnati enacted a zoning ordinance which restricted the areas in which adult themed businesses could operate.

    A group of porn shops and Hustler brought suit to enjoin enforcement, arguing that the statutory definitions were vague.

    The city authorized one of my partners to send a paralegal into each porn shop/store and buy merchandise that was defined as adult themed by statute.

    The paralegal then spent a week creating dildo exhibits and poster boards of prohibited material for the injunction hearing.

    Success on the merits.
     
  30. herb.burdette

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

    I once attended a CLE which had an ethics component. One of the speakers told us he faced sanctions in the divorce case for the majority owner of the 84 Lumber chain because one of the papers he filed proposed to change the name to 42 Lumber.
     
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  31. buy_dont_lease

    buy_dont_lease Ha ha ha. What a story, Mark.
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    Counselor, it appears your client was viewing the "Thick Bitches" thread on a website called the-mainboard.com at the time of the accident. Have you ever heard of that before?
     
  32. CF3234

    CF3234 Fan of: Bandwagons
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    Fuck you pen

    F3230D76-2001-4711-9572-1766580058AD.jpeg
     
  33. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    was in mediation all day today but got it settled for $345,000.
     
  34. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    So in my case today the driver of the dump truck that wrecked into my client stated in his interrogatory answers that he had never been arrested. I had a background check done on him before his deposition. I knew he had been arrested for meth possession with intent to distribute. At his deposition he finally admitted to the meth arrest but said that was it. Then I got a bunch of subpoenas out and he's been arrested a bunch of times with some of them being violent felonies (smashed a guy's head with a tire iron). Also he had a meth pipe in his shoe and 14 xanax pills on him at the time of the meth arrest. He's also been arrested for drug/pill possession and his mom called the cops one month before the wreck happened because he was threatening to take enough suboxone to kill himself and the ambulance had to get him and take him to the hospital. Additionally he claimed he didn't remember anything from the wreck at all. Has no recollection. Also the trucking company didn't do a pre employment drug screen on him pursuant to the FMCSR. Also had some moving violations he never fessed up to , including 2 speeding tickets while going 15 mph+ over speed limit. Do you think a judge would've let any of that in? They admitted to liability and vicarious liability. I wanted to use it for impeachment purposes at the very least. But I was worried the judge was going to say the prejudicial effect outweighed the probative value. Had a pretty conservative judge and the mediator thought he wasn't going to let any of it in. Defendant was pretty confident they were going to get punitives tossed on summary judgment.
     
    #9634 RJF-GUMP, Feb 27, 2020
    Last edited: Feb 27, 2020
  35. BUstang

    BUstang Lawyer

    If he lied under oath and you impeached him correctly, I'd say so. If you have a negligent hiring claim then I'd say you have a good chance at the other stuff, too.
     
  36. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    In MS and a lot of other states direct negligence claims like negligent hiring, negligent supervision, negligent maintenance are out if they stipulate to vicarious liability. Once they've stipulated to vicarious liability, evidence on these claims can only come in for punitive damages purposes. They felt good about getting a MSJ granted on punitives. If that happened then the only other avenue for getting it in front of a jury is impeachment. And a judge could still find a way to exclude it.
     
  37. momux

    momux AFAM Scholar
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    RJF do you ever get worried about posting so many details of your cases on this public website? I enjoy reading them for sure but wonder if that might blow back on you at some point.
     
  38. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    I don't think anything I posted above is confidential or not in a public record. Btw I'm not the only one that talks about their cases or work on here. Yah I've definitely thought about it before. It is good to run ideas past people and discuss stuff on here. I guess I'm just counting on people not being assholes and reporting me to the Bar. Not sure I've posted anything that would be actionable or a breach of any ethical duty. TLDR: to answer your question: yes.
     
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  39. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Hell the "velvet hammer" did a live trial blog posting her inner most thoughts for all of the Ride the Ducks multi month trial , all of which was leaked to defense counsel, which she was constantly dogging on the blog, and not only did she not get in trouble for it, she seems to somehow have leveraged it . Not that I'd want to be like her.
     
  40. bigred77

    bigred77 Well-Known Member
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    This is why you should buy_dont_lease
     
  41. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Fly to Dallas tomorrow for the Keenan Trial Institute on March 2-3. Hopefully this is worth it.
     
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  42. Gallant Knight

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    Enjoy your corona virus
     
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  43. Fudd Bezos

    Fudd Bezos 258 ventilators per hour
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    Been spending many hours practicing my diagramming for Logic Games. Incredibly helpful.
     
  44. harvey birdman

    harvey birdman Ha ha! Last laugh.
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    Can any IP (trademark/copyright) attorneys please PM me. Have a question about potential liability.
     
  45. Bricktop the white

    Bricktop the white Well-Known Member

    Gonna quit my job and launch my own firm next month so I can be more like my hero Gallant Knight

    Wish me luck
     
  46. Gallant Knight

    Donor
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    awesome. please let me know if i can be of any assistance.

    best advice i can give you is to set yourself up as an s corp and pay yourself some small salary. i didn't my first year and i got blasted by payroll taxes
     
  47. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    that's what we are. the k-1 draw helps with taxes.
     
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  48. Z

    Z Well-Known Member
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    This is exactly what we do as well. At least half of my income, if not more, comes from draws.
     
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  49. Gallant Knight

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    i had a little $17k surprise my first year which sucked considering i had $0 in revenue for the first five months
     
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  50. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    Do you pay any income tax during the year as you take draws or just hold it back and pay when filing?