Lawyer thread

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

  1. Sammy Meatballs

    Sammy Meatballs Well-Known Member
    Donor
    Alabama Crimson TideArsenal

    bill the fuck out of your good defense cases

    sit on your hands on the ones where you have big exposure
     
  2. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Unfortunately, it doesn't really work that way. A lot of what you can "bill the fuck out of" is shit you can't really do from home.
     
    buy_dont_lease likes this.
  3. Sammy Meatballs

    Sammy Meatballs Well-Known Member
    Donor
    Alabama Crimson TideArsenal

    i've never billed in my life
     
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  4. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Soft tissue pre lit cases are still moving baby! So are comp cases!
    they have the comp commission on lock down. you used to be able to get the defense attorney who is inevitably in Jackson where the comp commission is to walk the proposed settlement through to a commissioner who would sign off on it and then you could disburse the settlement. now everything has to be mailed in and that takes longer.
     
  5. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    ALJ earlier today during a telephonic conference with opposing counsel said he was moving forward on our trial that is in 2 weeks. We usually do them in the Circuit Court rooms in the local counties. I told him those are probably closed. He said we'd just find a big conference room somewhere and make it happen. I like his style. You're only going to have a judge, two lawyers, two witnesses, and a court reporter at most of these hearings. 6 people. Not a ton of exposure on that.
     
  6. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Most Mississippi Courts I practice in are closed down now and moving all dockets way back. June or later before they resume.
     
  7. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I've gotten push back from defense attorneys that don't want to take my client/my expert's depo via video conference because it is "awkward" to go through exhibits in video conference. I know it is not as good as being able to hand a witness an exhibit in a live depo. But you just send them all to the court reporter ahead of time and then have them show the exhibits to the witness, it's not that big of a deal.
     
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  8. ukcats8

    ukcats8 smugapari
    Donor
    Kentucky Wildcats

    I had this problem with an opposing expert doc yesterday. Wasn't a video conference, just a teleconference. Couldn't really do exhibits correctly.
     
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  9. wes tegg

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

    I can see that position when you're talking about hundreds of exhibits. But, it's really not bad at all otherwise.
     
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  10. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    The only problem I have had on the video conference depos is the sound hasn't always been great on the video from other attorneys who were making objections/remarks in background. And it's expensive. After the last one, I decided I should've just flown to Chicago and spent the weekend.
     
  11. wes tegg

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

    They work a lot better via Zoom than whatever tech court reporters were using as recently as a year ago.
     
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  12. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    The court reporting firm I use has waived the video fee for video conference depos during covid19 pandemic.
     
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  13. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    We are going remote early next week. All staff is going to work from home. I'm still going to the office because there will hardly be anyone there. Who all has offices where everyone is still going in to work? Seems like we are real close to a point where pretty much all offices are going to be remote.
     
  14. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
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    We’re remote except for one staff member rotating through to handle mail and answer phones.
     
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  15. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    Maybe I’m an asshole but I don’t plan on closing until they make me
     
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  16. Tilly

    Tilly Souf Cack
    Donor TMB OG
    South Carolina Gamecocks

    My office still has everyone coming in. The people who have the ability to work from home are basically "essential" staff so the idea is the firm can't afford for them to be out of office (me included). The ones who aren't essential staff don't have the ability to work from home, so they have to come in to actually work.

    On top of that, family courts are shut down throughout the state so there aren't any truly pressing issues, my boss is a senior citizen who just got over the flu and has multiple risk factors for this, and one of our paralegals has half a dozen serious risk factors but still has to come in. It's bullshit that doesn't acknowledge the reality that you can either take action now or be forced to take action when half your staff is infected, knowingly or unknowingly.

    Oh and the rest of us are just coming in being petri dishes the entire time to infect who the fuck knows.
     
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  17. AHebrewToo

    AHebrewToo Albino Hebrew Extraordinaire
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    Maybe?
     
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  18. b0ne5

    b0ne5 Well-Known Member

    i work for the government and the agency I work for literally cannot stop functioning, which means I can’t stop working. Guaranteed salary, but even if our legal assistant staff works remotely I will still be coming into the office. Pretty low risk when more than half the building is gone. I’m more worried about having to go to court for essential hearings. The court made one of my colleagues wait in his car until his hearing started today and only allowed parties and essential witnesses in.
     
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  19. DriveByBBQ

    DriveByBBQ Well-Known Member
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    Alabama Crimson TideTiger WoodsBirmingham LegionPGAGrateful DeadUnited States Men's National Soccer Team

    My mom owns and leases a few on campus single-family residences as student housing. Sleezy helicopter parent is attempting to strong arm her out of the lease his son signed (and he co-signed) due to the University requiring distance education in light of the corona virus. She sent me some screen shots of him "mansplaining" the situation;

    "DriveByBBQ's Mom: We need to chat regarding the current situation going on. [University] has asked all students not return to campus and to only take online classes. Obviously he has his belongings in [city] but we need to figure out how we will move forward."

    She cordially responded saying the house is off campus and he's welcome to live there until the end of the lease etc...

    His response: "We will have to work something out as like in commercial real estate leases, landlords in cases like this give the tenant relief. I will be in touch."

    Mom said the guy is slimy and a bully in general. Lease expires in July with 9k +/- in rent payments outstanding. I told her to let him know she's "open to amending the lease to extend the payment periods in the event he lacks the means to service his financial obligations." Also, there is zero affiliation with the University. I've read the lease, it's pretty standard. I'm looking forward to having the conversation with this asshole and I'm here to solicit talking points and additional ammunition from TMB officers of the court. Please advise.
     
  20. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    That was my take but my partners said we had a moral and ethical imperative to go remote and I didn't have a good come back from that.
     
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  21. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Your mom should tell that kid that he has a contract and she plans to enforce it. There is no covid19 exception to the contract. If everyone used this situation as an excuse to get out of their obligations and contracts, then it would add to the systemic risk of economic collapse. His very suggestion is dangerous.
     
  22. wes tegg

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

    Yeah, and I have a feeling that Tuscaloosa district courts are going to look after the leaseholders before the renting students.
     
  23. 941Gator

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

  24. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    That really sucks.
     
  25. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I'd be shocked if there was a single business interuption policy written in the US that covers pandemics. There might be some folks that got an endorsement or rider. I'd be relatively suprised if there was a single business in Mississippi that got one of those riders. Also I don't think the government has the authority to make insurance companies include pandemics as part of their policies for public policy reasons or under government wartime powers. Even if they did have the authority it could make insurance companies go under. Possibly the government itself could create business interuption funds with companies applying for proceeds similar to the BP oil spill claim process. Then you'd have law firms and CPA firms taking a 25% fee or whatever to assist businesses in making their claims.
     
  26. Big Meech

    Big Meech I like turtles
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    Clemson TigersJacksonville Jaguars

    They will now.
     
  27. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Have a car wreck in Baldwin County. Is that venue decent for Plaintiffs or bad?
     
  28. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Also will North Baldwin Infirmary reduce their lien ? I assume they have a super lien under AL law.
     
  29. wes tegg

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

    It's among the absolute worst Plaintiff's venues in Alabama.

    They'll probably reduce it some, but not likely enough.
     
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  30. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Have you ever heard of an insurer denying coverage because of a road rage type incident? This case in Baldwin County involved a driver getting pissed because someone wouldn't let him over and then aggressively trying to run people off the road and admits to it to the investigating officer. That sounds like intentional conduct where the carrier could deny coverage or defend under a reservation of rights. Instead the carrier is making a good offer.
     
  31. Z

    Z Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    All depends on the policy limits/venue.

    I had a carrier pay out policy limits on a wrongful death case where it was a clear/admitted case of drag racing, but it wasn't worth the fight to them.

    Get that thing settled and move on. The adage I always keep in mind doing Plaintiff's work is no appellate court has ever taken money out of my trust account.
     
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  32. ukcats8

    ukcats8 smugapari
    Donor
    Kentucky Wildcats

    I was just assigned a MVA case to work on (Plaintiff's side). After reviewing the file, it appears that my client was served for a claim (commenced July 2018) concerning the same MVA that occurred in January 2018. My office filed the complaint within the SoL, so that's not an issue. However, it looks like my client's previous defense attorney failed to assert a counterclaim, and her case settled in 2019. My dumbass boss takes in any case and filed a new complaint. We're shit out of luck here, correct?

    Side note: My client had a plaintiff's firm representing her when the claim was filed against her, and they dropped her about one week after she was served as a Defendant for the above case. The disengagement letter told her that she had 2 years to file her claim, and didn't discuss the need to file a counterclaim (I'm assuming they dropped her for other reasons and didn't know about the pending suit).
     
  33. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    It may be barred for failing to assert a compulsory counterclaim, but maybe not since it was settled and not adjudicated on the merits. I guess it depends on how your state law handles that. It also may be barred depending on the release language.

    It's possible you're fine though.
     
    ukcats8 likes this.
  34. wes tegg

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

    Generally, insurance policies don't cover intentional acts. I'd take the money.
     
  35. ukcats8

    ukcats8 smugapari
    Donor
    Kentucky Wildcats

    Actually don't know if it was settled, but assumed it was. Mediation took place, and it was dismissed with prejudice via agreed order by all parties shortly after. Order states that claims against my client are dismissed with prejudice. Nothing in the order regarding claims against the Plaintiff in that case (which would be the Defendant in my case).

    Thanks for the tip. I know our civil rules are pretty clear regarding compulsory counterclaims, but honestly have no idea about how settled vs. adjudicated plays out in our case law. Guess I need to do some research.
     
    colonel_forbin likes this.
  36. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    2 new clients today. breating a huge sigh of relief.

    i was convinced there would be nothing until june.
     
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  37. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    signed one up via docusign today. settled 2 mvas. it has kinda been business as usual. other than us sending all our staff home with all their equipment to work remotely.
     
    Gallant Knight likes this.
  38. herb.burdette

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

    The Oceana Grill in New Orleans filed last week under a first party property policy issued by the London Market for business interruption, arguing that the presence of covid19 virus in an office is direct physical loss causing their closure and triggering the BI coverage.

    https://www.insurancejournal.com/research/app/uploads/2020/03/Oceana-Petition-for-Dec-J-executed.pdf

    It’s going to be an avalanche of business interruption claims.
     
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  39. Oranjello

    Oranjello Well-Known Member
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    We’re in different areas of practice, but I’ve actually been crazy busy. Normal deal work, which was already busier than normal, on top of all the questions/issues associated with government-required closure of businesses has had me insanely busy. Working from home is going smoothly for me, but my poor wife (who is an extreme extrovert) is bored as shit and desperate for attention I don’t have time to give during the day given that I barely have time for lunch. As an associate, damn glad to be busy during this time, though, that’s for sure.
     
  40. Z

    Z Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    Our firm does a ton of walk-in work—domestic, real estate, wills/estate. To shut our doors completely is having a huge impact.
     
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  41. BamaNug

    BamaNug A lot of problems with you ppl
    Donor
    Alabama Crimson TideAtlanta BravesNew Orleans Saints

    So our office just announced three layoffs, on the first day of Seattle's shutdown. Receptionist and 2 staff.

    Not cool.
     
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  42. wes tegg

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

    How many employees do y'all have?
     
  43. BamaNug

    BamaNug A lot of problems with you ppl
    Donor
    Alabama Crimson TideAtlanta BravesNew Orleans Saints

    Including lawyers, about 40
     
  44. 941Gator

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

    they were obviously waiting for it as an excuse to restructure
     
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  45. Bricktop the white

    Bricktop the white Well-Known Member

    One of the perks of working for a monstrously large corporation is that nobody is getting laid off for any reason.

    Time to ride out this storm at home.
     
  46. wes tegg

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

    I doubt it. Insurance defense firms rely on predictable revenue streams and relatively thin margins. If everyone across the board bills 5% less in a given month, which is hard not to right now, you've eliminated your margins.
     
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  47. herb.burdette

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

    We’re hiring bankruptcy associates.
     
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  48. 941Gator

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

    I fully agree, and normally that wouldn’t even cross my mind, but I had a few owners/managers mention it (an excuse to fire) to me in various businesses including law.
     
  49. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    I may lay off my newly hired receptionist

    my banker called me this morning and offered me more $ on my line of credit. I was going to call him this afternoon and ask for more

    this is absolutely brutal
     
    ARCO, bertwing, Z and 1 other person like this.
  50. Z

    Z Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    We thankfully just cashed a multi-six figure settlement into our trust account on Monday. I initially was expecting to take a big draw, but instead if I didn’t have that going into my business account, I’d be terrified right now. Gratuitous timing.