Lawyer thread

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

  1. Oranjello

    Oranjello Well-Known Member
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    Yeah I was referring to just calling the SOS and RRC and giving them a heads up that there’s potentially something out of whack. Causing a ruckus.
     
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  2. Gallant Knight

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    Woohoo

    2/4 sent release for a case that settled for $85k

    After they receive it defense lawyers says they need to do a check to see if Medicare paid anything for my client even though he signed something saying he doesn’t have Medicare and is under 60

    I go nuts but eventually acquiesce

    defense lawyer says they’ll have check cut in 30 days

    30 days comes and he’s like oh I can’t get in touch with my adjuster

    last Thursday and yesterday I ask for update

    he says he’s in mediation today with adjusters supervisor and will ask him about it

    nothing today

    filing a motion to enforce tomorrow asking for sanctions and attorneys fees
     
  3. Gallant Knight

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    Even if they give me the money before the hearing I’m still asking for sanctions and money

    delaying for 45 days to do a Medicare check on someone who clearly doesn’t have Medicare is such bullshit
     
  4. Stagger Lee

    Stagger Lee Crazy. Sexy. Cool.
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    doesn’t the settlement stipulate when payment is to be made? I can’t imagine it states payment is conditioned on a Medicare check
     
  5. Gallant Knight

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    Not usually

    he sent over a Medicare form for people to fill out whether they have Medicare or not. Some insurance companies do this

    he signed it saying he doesn’t have Medicare

    but they still wanted to like contact Medicare to make sure

    I’m going to go through all of the time I’ve spent talking to client and talking with other lawyer and add it up at $400 an hour and ask for that.
     
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  6. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    The carrier has a duty to do its own search, but that doesn’t take 45 days. It takes a few minutes.
     
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  7. Gallant Knight

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    Sent executed release and Medicare form on February 4th
     
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  8. Gallant Knight

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    Client is threatening to file a grievance against me

    told defense lawyer he was like oh that’ll get dismissed

    Can tell he has never had to deal with that

    a client fired us in 2018 and she requested her file and I sent it like 1.5 weeks later instead of the next day and I had to spend $7,500 getting that dismissed
     
  9. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Yeah, you should get sanctions. And fuck that guy for being so blasé about it.
     
  10. Gallant Knight

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    Have literally never asked for sanctions in my career

    sensed him a reminder email this morning because he said he would be with adjusters supervisor and would get it squared away and mentioned client threatened a grievance

    and all he said was oh that’ll get dismissed

    Cool
     
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  11. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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  12. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Who cares if it gets dismissed? It’s still bullshit you shouldn’t have to deal with. Have your client file one on his ass and see how he likes it.
     
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  13. REGGNECK

    REGGNECK You wanna know what I been down , DONT BOTHER ME
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    Anyone ever deal with USAA insurance? thoughts , stories, opinions.
    thanks
     
  14. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    I've dealt with them quite a bit. From my experience, they tend to wait until the last minute and then settle.
     
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  15. Gallant Knight

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    filed a motion to enforce the settlement asking for check to be here a week from today by 5PM, for $3k attorneys fees, for 10% interest on date of settlement until check is delivered, and for additional $1k per day after next Wednesday for each day it's late.
     
  16. Gallant Knight

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    lol insurance company hired a PI on one of our cases and sent us some pictures of our client taking out the trash at her home as proof she isn't hurt.

    i don't think that's going to work pal
     
  17. bro

    bro Hey Hermano
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    one of the partners at my firm gets real excited at catching people doing real basic stuff via PI. People do basic stuff (or even hobbies) while in some pain or discomfort.

    We did just have a case where the claimant was a yoga teacher and claimed to have severe back pain after the accident. PI went in and recorded one of her yoga classes. Helpful in comparison to a lot of the non-strenuous "gotcha" stuff we often come across.
     
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  18. Gallant Knight

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    yeah i mean someone taking out the trash as a gotcha will backfire. not like she was rock climbing or something.
     
  19. BamaNug

    BamaNug The journey itself is the point
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    If an adjuster had moderate success with surveillance once before, you better believe they're going to order it on every case. I'd say it is beneficial on like 2% of cases, if that

    Just had a depo like this. In the claims file, the surveillance photos were labeled "GOTCHA!!" -- it was Pltf walking her dog and taking out the trash with either arm. Before introducing these, just asked her if she has difficulty performing basic tasks, like walking the dog or taking out the trash. "Yea, I can do all that fine." So I chose not to introduce pictures of her doing exactly what she claims she is capable of doing.

    Adjuster is really invested, requested an update the afternoon of the depo. Told her she testified alright, didn't exaggerate her injuries, and we chose not to introduce surveillance because she confirmed she could everything our PI captured. Adjuster was pissed, ordered another round or surveillance the following weekend, wants us to provide law on taking her deposition a 2nd time.

    Nug: So can you take out the trash?
    Pltf: Yes, that's fine
    Nug: Then how do you explain THIS??
    [introduces picture of her taking out the trash]
     
  20. Gallant Knight

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    such a waste of money
     
  21. El Tiburon

    El Tiburon Well-Known Member
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    I had one a few years back where the plaintiff claimed her leg was completely useless and her treating neurosurgeon described it as a “dead leg” in his notes. The PI got footage of her standing on that dead leg with the other leg up in the air as she balanced over the refrigerated case at Publix to grab a 12-pack of really shitty beer.
     
  22. Gallant Knight

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    if someone tried to surveil me they would be so bored.
     
  23. BamaNug

    BamaNug The journey itself is the point
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    This guy smokes a lot of weed, and dresses like a bum. Takes his dog on lots of walks.
     
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  24. Gallant Knight

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    lol and they just sent me ups tracking info for the check
     
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  25. colonel_forbin

    colonel_forbin Well-Known Member
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    Evidence that they had it, or could otherwise immediately write it, and just weren't doing it. IMO
     
  26. Gallant Knight

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    you're right but i just want the check.
     
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  27. Gallant Knight

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    85k so the fees will basically pay overhead for a month. i wanted it to do that in march though not april
     
  28. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Most surveillance sucks, and it can often backfire. I only do it when I've already got an indication it would be fruitful. The best was when I found pharmacy records showing that a plaintiff was double-dipping his pain meds and my PI got video of him dealing them. I ended up just giving that to the plaintiff's lawyer, and he withdrew and it was dismissed.
     
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  29. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    fuck that , notice the motion and take this dude to task
     
  30. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    I can't remember if I told yall about the time the comp carrier put surveillance on my client in a comp case that also had a 3rd party component. Client was an 18 wheeler driver that was in a wreck with another 18 wheeler. Then in the 3rd party PI case the comp carrier wanted to be reimbursed their comp lien. The comp carrier's subro lawyer (different from their comp insurance defense lawyer) sent me a ledger of their costs/expenses/billing. The ledger had all the billing from the comp lawyer and all the surveillance payments. They totally fucked up by sending me this information. Also LOL at how much they paid in surveillance. It was a ridiculous amount.
     
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  31. Gallant Knight

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    I have to work with these people again for hopefully like 30 years
     
  32. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    I hear yah. They have to work with you and they totally just fucked you. So they obviously don't care about working with you.
     
  33. Gallant Knight

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    $34k in fees so didn’t get fucked too hard
     
  34. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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  35. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    have a MVA case that had to go to litigation because Safeway is being super stingy. I can't remember if that is how they always are.
     
  36. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    I’m not sure how any Zoom mediation settles.
     
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  37. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    fuck a zoom mediation. haven't done one yet.
     
  38. Nelson

    Nelson Can somebody please get Ja Rule on the phone
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    What are you talking about

    eventually everyone just gets tired of being on Zoom
     
  39. BamaNug

    BamaNug The journey itself is the point
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    I haven't had an in-person mediation in almost exactly 1 year, and all but one Zoom mediation settled. Buncha unrealistic heathens, the lot of ya
     
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  40. Bo Pelinis

    Bo Pelinis WE GO HARD ON EARTH
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    It fucking sucks. You have to build out an entire law firm internally and also deal with all the in-house shit. It's doable but you also need people barred everywhere you might litigate.
     
  41. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    Bamanug: "As a lawyer that has successfully resolved multiple cases while tripping balls on the beach in Mexico, I wholeheartedly endorse zoom mediations."
     
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  42. Gallant Knight

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    I bet some of these mediatiors never go back to in person

    what’s the point of renting an office and 2-3 conference rooms for tens of thousands when you can just send a zoom link

    especially the guys here who are booked 2-3 months in advance
     
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  43. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
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    Team zoom everything, especially depositions.
     
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  44. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    to hell with a zoom deposition
     
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  45. BUstang

    BUstang Lawyer

    Settled two of CMV cases this week. Need to settle two more. Feels good, though.
     
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  46. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    zoom depos definitely can help when it's just expensive to fly or too time consuming etc. But for depos within a reasonable driving distance or important fact/medical /expert witnesses, I'm still in person 100% if possible
     
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  47. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
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    I’ve done about 50 over the past year and only like 3 of them had major issues requiring rescheduling. I’m convinced defense attorneys are going to bitch about doing them because they want that sweet travel billing and to get out of the office.

    Then they’ll use the “you just can’t really feel their credibility over Zoom” to justify to their clients.
     
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  48. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    I've grinded out some sub $20k MVA and WC settlements. Get on my level bro.
     
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  49. BUstang

    BUstang Lawyer

    I hear you. I shouldn't whine. But, it feels like a lot of these non-catastrophic cases are taking ages because the defense lawyers know they can get away with it.
     
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  50. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
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    Defense attorneys (at least in GA WC cases) have become 500x bigger pricks over the last year. They’re fucking insufferable at this point, and now I know why I got along so well with the entire claimant’s bar when I was on the defense side. I was apparently one of like 10 defense attorneys who wasn’t a raging asshole for the fun of it.
     
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