Lawyer thread

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

  1. colonel_forbin

    colonel_forbin Well-Known Member
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    I can't imagine the excitement of walking into a courtroom and thinking that literally anything could happen.

    I need to move to Oregon
     
  2. soulfly

    soulfly Well-Known Member
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    OR is a clown show; they’re not even a CCR mandatory state, so who fucking knows who’s capturing your discovery record anyways.
     
  3. BamaNug

    BamaNug The journey itself is the point
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    So the expert thing isn't as bad as I thought it'd be, but I also haven't seen a case to trial yet. You can generally predict what the other side's expert is gonna say, and build that into your eval without knowing who it is.

    You don't exchange exhibit or witness lists until the day of trial, so I can't imagine the surprises there. And you can only serve RFPs and RFAs, so most every case is a huge document dump.
     
  4. BamaNug

    BamaNug The journey itself is the point
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    They got reciprocity with AL bro
     
  5. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    by the time you actually get to trial these days everyone knows everything about what everyone is going to say and everything has been subject to millions of motions and rulings, so the only real surprise is how the jury is going to react to all of it. that is why most cases settle
     
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  6. herb.burdette

    herb.burdette Meet me at the corner of 8th and Worthington
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    I have a case set for trial in three weeks that has 9 parties and over 2000 pages of summary judgment motions pending. No one even knows what we’re going to try, except everything.
     
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  7. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    If yall are like me , having been through COVID for over a year , and not having usual vacations because of COVID, and living the litigation lawyer life this whole time, you're burned out as hell. TGIF.
     
  8. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    Finally got a vacation on the books in early May.
     
  9. Sammy Meatballs

    Sammy Meatballs Pete Gelding
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    I have a corporate rep depo set today with the aforementioned buffoon who I have been fighting with all week.

    Entire depo is about their corporate structure, who makes what decisions, their discovery responses and the documents they’ve produced. I’m literally just trying to figure out who is who, who does what, and if I have all the documents.

    I had a meet and confer with him per the new amendment to 30b6 prior to filing the notice.

    yesterday he asks me to tell him the specific documents I want to ask about because that way the deponent can be better prepared. It was also in one of those emails where you take everyone else off the chain and send it only to one person. Those are the emails you send when you realize you’ve made a big mistake and don’t want anyone else to know it. Someone started a little too late trying to prepare their deponent it seems. Whoops.
     
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  10. El Tiburon

    El Tiburon Well-Known Member
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    The new plaintiff tactic I’m seeing in Florida is to abuse the shit out of the corporate rep depo rule, and it’s fucking ridiculous. I had a recent one where my doctor is the sole owner of a big practice. He was also the treating physician and named defendant. They took his depo a long tone ago and had every opportunity to ask him whatever the fuck they wanted about how his practice is set up, and they chose not to.

    Fast forward a year and a half and I get a request for a corporate rep depo with a list of 35 areas of inquiry that amount to, “The person that knows the most about every conceivable issue in the case including the claims and defenses asserted, all the treatment given, the billing, the marketing, etc.” The Broward County judge — because Broward judges are the absolute worst — denies my motion for protective order, where I argue that the guy to ask these questions to is the guy that owns the practice and they already had their chance then. So when depo time comes up I produce a different designated rep who is familiar with some, but not all, of the areas of inquiry. Now they’re moving to sanction me because he didn’t know “everything about everything” like they requested. Fuck ‘em!
     
  11. CoastalOrange

    CoastalOrange Well-Known Member
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  12. Lawnole23

    Lawnole23 FSU Seminoles 2020 National Champions
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    Coworker taking a Depo. Can hear through the wall.

    “M’am did you threaten your coworker? No.

    Did you threaten him on social media? No.

    Did you write on Facebook that he was a bitch ass motherfucker and I’m going to cut his ass up? Yes.

    Did you say you don’t put up with bullshit and you ain’t bout that life? Yes I did.

    What does not bout that life mean? I don’t know I’m just not bout that bullshit.
     
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  13. Gallant Knight

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    i will put the odds of this mediation settling at maybe 1%

    chiropractor who had shoulder surgery a year after a super minor wreck who has $100k underinsured and wants the full $100k because of lost wages even though he hasn't filed taxes since 2014
     
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  14. Gallant Knight

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    ugh wow they came to deal this is fucking tight
     
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  15. Gallant Knight

    Donor
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    lol literally got 3.5x more than i anticipated.

    wow
     
  16. colonel_forbin

    colonel_forbin Well-Known Member
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    I'm going on a week long vacation tomorrow and it can't get here soon enough. My workload will be a bloodbath when I get back though.
     
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  17. BUstang

    BUstang Lawyer

    Feels good when the opposite of what you think will happen happens.
     
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  18. BamaNug

    BamaNug The journey itself is the point
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    Just walked away from a mediation after Plaintiff moved from $750K to $725K over the course of 2.5 hours.

    Plaintiff has $18K in meds.
     
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  19. Gallant Knight

    Donor
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    that seems dumb on their part
     
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  20. BUstang

    BUstang Lawyer

    Unless it is the most god awful liability facts anyone has ever heard, I can't say I understand that.
     
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  21. Oranjello

    Oranjello Well-Known Member
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    Wife got a “notice of violation” in the mail for an ostensible violation of a small town Alabama traffic ordinance that seems to be enforced by a third party private company from Arizona. The notice itself is statutorily deficient. The statute largely mirrors the one in the case below, and it seems like the Alabama Supreme Court is implying the statute/ordinance are both likely unlawful but punting the case on procedural grounds: https://acis.alabama.gov/displaydocs.cfm?no=1017568&event=5RA0MZ2R2

    To challenge the “notice of violation,” all I have to do is follow procedures for small claims court. And appear at the hearing in middle of no where Alabama. I really want to cause a headache for this bullshit law, but $80 simply isn’t worth it so the man will probably win once again
     
  22. SmoochieWallace

    SmoochieWallace Ipse dixit
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    Double check to see if they’re holding the hearings via Zoom.
     
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  23. Z

    Z Well-Known Member
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    Which municipality?
     
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  24. Oranjello

    Oranjello Well-Known Member
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    Brantley

    https://codes.findlaw.com/al/title-45-local-laws/al-code-sect-45-21a-10.html

    It's weird.

    Ala Code 45-21A-10.01(3):
    Ala Code 45-21A-10.04(g):
    Ala Code 45-21A-10.06:
     
    #12524 Oranjello, Apr 20, 2021
    Last edited: Apr 20, 2021
  25. wes tegg

    wes tegg I'm a Guy's guy, guys.
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  26. Oranjello

    Oranjello Well-Known Member
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    I emailed the city to obtain a copy of the ordinance yesterday (it wasn't available online), and they responded with a PDF and offering to answer any questions I may have. I have had client stuff all morning and haven't had a chance to respond.

    I think my first two questions will be to whom is this liability owed and what happens if it isn't paid. I imagine the private party (Redflex) sends it to collections, while the statute gives the city no real authority to do anything, I believe.
     
  27. Lawnole23

    Lawnole23 FSU Seminoles 2020 National Champions
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    My partner just had this exchange in a depo:

    Partner- "Did that occur on March 15?"
    Plaintiff- "Do you mean March 15 in the United States or March 15 in Florida?"
    Partner- "Are they different?"
    Plaintiff- "Yes. Very different."
     
  28. Lawnole23

    Lawnole23 FSU Seminoles 2020 National Champions
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    I have a super complicated comp case. Set for trial on Monday. Most of the issues I had strategized in my favor. One issue we had chance at but the claimant was likely the favorite on that one and if they won on just that issue OC was getting a massive fee. I got him to agree to an EMA (expert medical advisor doctor appointed by the Judge that breaks the tie between two other doctors). Had a hearing set for 1pm on it. At noon, OC dismisses all the claims out of nowhere. He then texts me at 1:09pm asking if I'm getting on the call for the EMA hearing. I told him no because he just dismissed all the claims and the hearing is off as is the trial.

    He response..................."ohhhhh."

    He has now dismissed the claim I was probably going to lose on twice and is barred from filing again. I love him and hate him all at the same time.
     
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  29. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Wait, he accidentally dismissed all the claims? Why would he do that?
     
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  30. Lawnole23

    Lawnole23 FSU Seminoles 2020 National Champions
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    Good question. This is the same lawyer that dismissed all claims the day before trial on a different case and when we filed a Motion to Tax Costs because we were the prevailing party, argued that the motion should be denied because it violates his client's constitutionally protected property rights.

    The real answer is he saw a hearing and trial that he didn't want to do and so had his assistant dismiss but didn't realize it was the case he was about to have a hearing on that could end up to his benefit OR he just forget he dismissed to begin with.

    He's one of the lawyers that is a very bad lawyer but he his firm has been around forever and marketed well so he lives a several million dollar house and has 3 boats.
     
    #12530 Lawnole23, Apr 22, 2021
    Last edited: Apr 22, 2021
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  31. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    So it's as bad as it sounds. Malpractice.
     
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  32. Lawnole23

    Lawnole23 FSU Seminoles 2020 National Champions
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    He does a great job keeping his clients in line though so nothing will come of it.
     
  33. colonel_forbin

    colonel_forbin Well-Known Member
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    That's wild
     
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  34. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    That is nuts. Makes me feel better about myself.
     
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  35. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
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    How do you get your client to just accept "sorry, your claim is worth zero dollars now because reasons I don't feel like getting into"? Like won't they go seek a second opinion from another attorney and have that guy be like lol yea you're fucked because your prior attorney fucked up?
     
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  36. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    Have a case where the hospital was putting a catheter into a guy's penis and inflated the balloon in the urethra causing damages to his dick. They actually did it again later if you can believe that . So they did it twice. They've admitted to it in the medical records and they've produced a document from Risk Management basically admitting to it . I think they accidentally produced that risk management document. Ended up with trauma to his dick and blood clots that had to be removed from his bladder etc. He now has problems pissing on himself and weird shit happens when he ejaculates. Like he'll have sex , then get dressed and sit down, then a few minutes later more cum comes out and gets his clothes all messed up. They also poked a hole in his bladder at some point which they had to operate on him to repair. Not sure if the hole in the bladder was from a botch job during the catheter or not. Today their nurses admitted in the depo that expanding the balloon in the urethra was below the standard of care. Then after the depos I asked the lawyer what the deal on settlement is. He started saying we don't have very good damages. It's a bench trial with a male judge. However I'm feeling pretty good about the damages in this traumatic dick case where the finder of fact has a dick.
     
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  37. dome foam

    dome foam ¯\_(ツ)_/¯
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    Litigating against guys like that is almost as hard as litigating against a very good litigator. They do the dumbest shit and it's so crazy that it makes your job infinitely harder.
     
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  38. Lawnole23

    Lawnole23 FSU Seminoles 2020 National Champions
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    A bit more complicated than that and you can ignore the rest if you don't care. We have two dates of accident. Injuries to the right knee on one accident. Left knee on the other and they were alleging back/neck on both dates of accident. We denied the neck/back. We provided care for both knees but the doctors told us need for treatment was related to pre-existing arthritis so we denied after our compensable exacerbation ended. The only chance they had to win the neck/back was under one date of accident. Our IME fucked us and said it was related but we had a backup defense that I thought we had a shot with. He's waived the back/neck claims under that date of accident. He can refile the back/neck under the other date of accident but the EMA already ruled that the knee injury for one of the date of the accident is unrelated and any altered gait that led to back/neck is unrelated to our accident so he's going to lose if he refiles. EMA is presumed to be correct absent clear and convincing evidence to the contrary.

    His only option is to try to get the case to the EMA under the other date of accident for the left knee but the Judge will likely appoint the same doctor who already provided an opinion favorable to me.

    He's going to say we weren't going to win on the neck/back but we have a chance for your left knee and worst case we'll just settle it for X right before trial and I'll get you Y in your pocket. It works because he'll litigate for years upon years and eventually carriers just pay 5 times what the case is worth to close it. His entire practice is built on doing this.
     
    #12538 Lawnole23, Apr 22, 2021
    Last edited: Apr 22, 2021
  39. Lawnole23

    Lawnole23 FSU Seminoles 2020 National Champions
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    Agree. I often think I don't even know how to respond this.
     
  40. dome foam

    dome foam ¯\_(ツ)_/¯
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    I recently filed suit against my next door neighbor because they cut a tree down that fell in my yard. We live in Houston.

    They hired an attorney who emailed me saying she is filing a Motion to Transfer Venue to Austin, where their attorney is located. Reason is because the attorney they hired lives in Austin.

    I had that exact thought. How the fuck do I respond to that?
     
  41. El Tiburon

    El Tiburon Well-Known Member
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    Florida Gators

    Venue isn’t dictated by where the attorney lives.
     
  42. Lawnole23

    Lawnole23 FSU Seminoles 2020 National Champions
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    Lol. Your honor I understand the plaintiff, defendant live in Houston, the incident at issue occurred in Houston and correct venue is Houston but I don't want to drive to Houston for a Houston case I accepted. Probably hopes you won't respond.
     
    #12542 Lawnole23, Apr 22, 2021
    Last edited: Apr 22, 2021
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  43. dome foam

    dome foam ¯\_(ツ)_/¯
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    Well, yeah. I was just referencing the stupidity of this attorney.
     
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  44. colonel_forbin

    colonel_forbin Well-Known Member
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    I'm cracking up at the thought of something like this working and then every plaintiff's attorney in the state renting apartments in plaintiff friendly venues to get cases transferred. We'd probably all pitch in and build a Club Med.
     
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  45. dome foam

    dome foam ¯\_(ツ)_/¯
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    Because I hate myself, and because I am trying to have some fun with the case, I am not going to respond and hope she files a Motion to Transfer just so we can have an entertaining hearing and they have to keep spending more money.
     
  46. Lawnole23

    Lawnole23 FSU Seminoles 2020 National Champions
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    I'm not sure if any of you work in big firms but since we converted all our computers to laptops it's made working from home much easier. I still work 90% from the office because I find it easier and I hate solely looking at a computer screen all day but the majority of the associates work from home 50% or more. Has not really impacted billing but I think it really is affecting the comradery in the firm. A few of the associates I almost never see at this point.
     
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  47. harvey birdman

    harvey birdman Ha ha! Last laugh.
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    The lack of comraderie made it terrible for me which made me less likely to stay since I did not really know many people.
     
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  48. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Don't know if it's true, but I've heard an older lawyer say "nobody gives a shit about your dick." I think I'd be pretty damned sympathetic to that dude, though. That sounds awful.

    I once had a products case where a rubber backing plate used on a buffer came apart and hit a dude in his dick, resulting in the loss of a nut. He made a big deal about his fears on being able to conceive and his fiancee filed a loss of consortium claim. During the pendency of the lawsuit, he knocked up his fiancee and another woman. It still settled for a pretty fair amount, but not really worth a nut money.
     
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  49. BUstang

    BUstang Lawyer

    I can't stop laughing.
     
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  50. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    Well in general I don't think anybody gives a shit about anyone but themselves. But if you can start making the finder of fact think, "Wait a minute, this could have been my dick." Then you got a stew going.
     
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