To me, it’s the lack of action. In my practice I try a lot of cases, most of them multi-week cases. I also used to travel a lot for expert depos, in addition to the local travel for hearings, depos, etc. I’m not built for coming to the same office every day, sitting at the same desk, looking at the same computer, etc. day after day after day. I’m also not a paper pusher type so inventing tasks to keep myself busy is really just taking all of the wind out of my sails.
Chances that their ALAA claim even gets the Court's attention? They'll have to take it all the way to trial in this climate, without in-person court, if EH is going to rule on it.
Same. I looked back at my calendar, and I haven't had a month where I didn't have at least one substantive appearance in court (dispositive motion or trial) in six years.
Already have and it is "in process" but of course moving ridiculously slowly. Though also tough to ask when we are tens, if not hundreds, of millions behind in revenue due to the pandemic. In-house.
i am going absolutely insane just sitting in the office. It’s harder and harder to get up and go in with each passing day.
I'm still taking /defending a bunch of depositions. Still having hearings. Still haven't had a trial though. Those got pushed.
ill do liability witnesses but that’s it. Someone at my office suggested going ahead and videotaping a treating doc deposition as if giving a defense lawyer an indefinite amount of time to feed that transcript to whatever expert he wants is a good idea.
Looks like it might be another year without a trial. That's going to be bad . Last jury trial I had was December 2018. I have two set for later this year. One is likely going to settle. The other is a premises case with strong liability and broken hip requiring immediate hip replacement. It might go to trial if they don't offer enough. They just seem to always settle. I can't go back and look at any of my settlements and say "Damn I should've pushed that one more, I shouldn't have settled it."
I don't think it's possible for you do litigation right as a plaintiff with over 60+ trial setting in the next 8 months. You can't do everything that you need to do for all of your cases. If they are mostly soft tissue car wreck cases, that would make it easier, but still that would be a big issue for me.
Some of them have been. Wear masks. I've probably done more zoom than in person. I've probably done 10-20 depos since the outbreak in March.
A judge's judicial assistant told my partner yesterday that they're expecting an order from the state's chief justice saying no jury trials until 2021.
I don't think there's any doubt that's where we're headed. How can you do voir dire? In most of my venues, that involves them cramming 70-100 people, depending on how many show up, shoulder to shoulder in the spectator area of the courtroom. No way you can do that in this climate.
Going to be a bad year for me financially. I have some really really good cases, but they're all in very good Plaintiff venues, and there's no extra push to get those things maxed out and settled until we have some firm trial dates.
A judge just told my other partner that they're expecting the chief justice to leave it up to the counties.
just had my biannual review. Wasn't aware, but the summer review is where they normally give out raises. There are no raises this year, given covid-19 and economic uncertainty. But I got great and almost universally positive feedback and a sizable bonus.
Went back to a law firm from an in house role in the spring. Not a fan and will hopefully be changing jobs before the fall.
Same pretty much happened to my wife although she got a nice payout (hopefully you did too). In house isn’t always what it’s cracked up to be. Plenty of pros and cons on both sides.
Anybody very familiar with the CARES Act funds? I represent a couple of municipalities, and I have some questions about some employees being given hazard pay from those funds.
I was wondering what "substantially dedicated" meant on payroll reimbursement because I have some councils wanting to give police hazard pay. Just saw the updated guidance from the treasury that says all payroll expenses for public safety workers is presumed substantially dedicated.
Update: I gave opposing counsel too much credit, and now I'm wondering how he was able to pass the California bar exam.
There's not a ton of official guidance on Coronavirus Relief Funds. Seems like you've found it, but Treasury Dept has issued this: https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Frequently-Asked-Questions.pdf and https://home.treasury.gov/system/fi...-Territorial-Local-and-Tribal-Governments.pdf It's been a few weeks since I looked into it, but Texas had some decent interpretations as well: https://tdem.texas.gov/wp-content/u...FAQ-Coronavirus-Relief-Fund-CRF-v3-061720.pdf
Yeah, when I had tried to get an answer before, there was nothing out there. That pretty clearly answers it. Basically said this is an emergency and they don't have time to figure out whether your public safety/health employees duties changed.
What if the second party in a mediation doesn’t contact the mediator for mediation? Do you have a certain amount of time or the case is dismissed?
If the firm is in LA, I could probably help based on my friends from law school - but not many practice outside of LA.
The legal field took a big hit this pandemic. In criminal especially. You can’t argue motions or set hearings or do in person Depo or jury trial, so everything right now seems pointless. Judges aren’t happy.
wife works in real estate investing. they own a bunch of office buildings. she said that after retail, law firms are the 2nd highest industry in asking for rent relief.
Fellas, I need another set of eyes. I will try to keep it simple, but it involves me potentially sanctioning another attorney because I have had it and I want to be right. Simple debt collection matter. My client is the Debtor. Owes approx $400k on a simple note. Bank's attorney negotiates a settlement with my client. There is no lawsuit at this point. As a part of this settlement, my client signs an Agreed Judgment. An Agreed Judgment is not valid in Texas if signed BEFORE a lawsuit is filed. Creditor files suit against my client. Files Agreed Judgment, Judge doesn't realize it was signed by Debtor before lawsuit was filed. Judge signs Judgment. Creditor uses judgment to garnish my client's bank account. I file Motion to vacate and motion to dismiss garnishment. Creditor's attorney agrees to release judgment. No more judgment. No more garnishment. We SETTLE. Debtor paying our Creditor over several months. Case is staying active until payout is done. Today my client gets a notice from his Bank. Back when the Judgment was still existing, creditor attorney sent subpoena to his Bank to obtain financial records. Today, the Bank sends notice of this subpoena to Debtor, and they are going to comply and give Creditor his financial records. I ask counsel to withdraw subpoena due to a) grounds for subpoena (the invalid judgment) are no longer valid, and b) THE CASE IS SETTLED. He says, no...he wants financial records in case Debtor breaches settlement. I threaten sanctions if he doesn't withdraw subpoena...he says "Declined." Creditor representative sends my client a text, threatening to withdraw settlement agreement if (I) don't "cool it." I feel like him not agreeing to withdraw the subpoena is sacntionable alone, considering its genesis was an invalid judgment and the case is settled. But the Creditor itself now contacting my client and threatening him is even worse. Did my best to keep it short. Failed.