Lawyer thread

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

  1. herb.burdette

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

    The only reason we have the case is that I was a junior associate who was light on work when it was filed.

    We get a daily notice of new filings. The lawsuit looked massive, so I pulled the complaint online.

    I figured out that one of the key defendants was the client of a partner in another office of my firm. I had never met the partner, but I spent about four hours independently researching the claims against his client. I called him, introduced myself, and gave him a brief memo on a key issue and the complaint.

    He was on a plane the next day. We got the case.

    The partner retired and the client is now mine. I use the example to our associates all the time.
     
  2. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    So you waited 1.5 years to get an answer on MSJ. In our case we definitely briefed a good bit but not 500 pages. There's a 30 page limit.
     
  3. herb.burdette

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

    We got the first of the initial four within 7 months, and it was a 70 page opinion.
     
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  4. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    ok I'm back to thinking this is highly abnormal. I've never waited a year for a MSJ ruling.
     
  5. Sammy Meatballs

    Sammy Meatballs Pete Gelding
    Donor
    Alabama Crimson TideArsenal

    My favorite defense lawyer has decided that the judge’s order regarding the inspection of my deceased clients cell phone is just a suggestion and is now asking me to retain all the data and conduct searches for certain words.

    it reads like a list of someone who googled “what do people call cocaine”

    one request is “nose candy”
     
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  6. Rusty Shackleford

    Rusty Shackleford Dale 1 - Rats 0
    Donor
    Auburn TigersSan Antonio Spurs

    Gallant Knight how did the situation with your paralegals turn out. Were they able to start getting along?
     
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  7. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Defendant requests that Plaintiff preserve any references to "booger sugar" "white lady" "gator tails" and/or "white bag" within his cell phone data.
     
  8. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    getting along better.

    i recently expanded my office into a vacant space next door and moved one of them over to that new space. now that they're 500 feet away from each other i think it's going better.

    what a pain in the ass though.
     
  9. Rusty Shackleford

    Rusty Shackleford Dale 1 - Rats 0
    Donor
    Auburn TigersSan Antonio Spurs

    Glad it is working out.
     
  10. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    today feels like friday. i am getting 0 accomplished the rest of the week.
     
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  11. Tiger Tiger Woods Y'all

    Tiger Tiger Woods Y'all Putting big balls in little holes, circa 1995
    Donor
    Clemson TigersGolden State WarriorsPGA

    JTWROS die in murder suicide. Each estate is probated. Each estate owns 50%, correct?
     
  12. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I've been that way all week.
     
    Gallant Knight likes this.
  13. wes tegg

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

    Depends on your state's slayer statute.
     
  14. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

  15. CF3234

    CF3234 Fan of: Bandwagons
    Donor TMB OG
    Miami HurricanesMiami MarlinsMiami DolphinsFlorida PanthersTiger WoodsInter Miami CFGame of ThronesMiami Heat

    Clients suck sometimes.

    Client: I want X amount to settle this case.
    Me 20 min later: I got you X+2k. We reduced our fees by 7k to get you this settlement, but we wanted to make sure you got enough to fix your home.
    Client: But what is the PA getting, I don't want them getting paid, they didn't do anything.
    Me: I don't control the PAs share. That's dependent on the contract you signed with them, however, I do know they did a lot on this file to help get this settlement done.
    Client: I don't care. They shouldn't get anything. I want that money.
    Me: You wanted X, and I got you X+2k. Why does it matter what the PA is getting?
    Client: Don't care, give me 4k of the PAs share or there is no deal.
    Me: :bang:
     
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  16. BamaNug

    BamaNug The journey itself is the point
    Donor
    Alabama Crimson TideAtlanta BravesNew Orleans Saints

    Vacations are so fun because you work your ass off immediately beforehand to prepare for being out, and then you know when you get back in just one fucking week it's going to be hell. Cool gig we got here
     
  17. Z

    Z Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    I mean, I think that's the case with just about any job?

    Last day here for 10 days. My to do list is cleared off. Hallelujah.
     
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  18. CF3234

    CF3234 Fan of: Bandwagons
    Donor TMB OG
    Miami HurricanesMiami MarlinsMiami DolphinsFlorida PanthersTiger WoodsInter Miami CFGame of ThronesMiami Heat

    we gave him the 4k out of our end. ugh
     
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  19. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
    Donor
    New York GiantsNew York YankeesAtlanta UnitedUCF Knights

    I’m an idiot so I’m going to ask the question here.

    I assume PA is the plaintiff’s attorney? Who exactly are you representing in this scenario?
     
  20. CF3234

    CF3234 Fan of: Bandwagons
    Donor TMB OG
    Miami HurricanesMiami MarlinsMiami DolphinsFlorida PanthersTiger WoodsInter Miami CFGame of ThronesMiami Heat

    Public adjuster. I'm the Plainitiff's attorney.
     
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  21. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
    Donor
    New York GiantsNew York YankeesAtlanta UnitedUCF Knights

    Ohhh ok that makes a lot more sense.
     
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  22. Oranjello

    Oranjello Well-Known Member
    Donor
    Green Bay PackersGrateful DeadMississippi Rebels

    You could just not take vacations at all like my firm encourages
     
  23. Oranjello

    Oranjello Well-Known Member
    Donor
    Green Bay PackersGrateful DeadMississippi Rebels

    Client: I want the best possible outcome based on my worldview.

    Partner: Associates, make sure you “hit your hours”

    [I diligently spend my time coming up with a solution that exponentially enhances the dollar outcome in my client’s favor]

    Client: If we have to, we’ll make arrangements to pay your bill

    Partner: Yeah, Oranjello you sure had a lot of time in that

     
  24. wes tegg

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

    I’m so fucking tired of trying to get paid for work I’ve already done.
     
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  25. Oranjello

    Oranjello Well-Known Member
    Donor
    Green Bay PackersGrateful DeadMississippi Rebels

    Clients unhappy with the amount of a bill is something I’m constantly running into. Dude you came to me from across the country for super specialized tax advice that’ll save you boat loads in taxes but you’re going to complain about a bill that wasn’t even 6 figures? What’d you expect?

    I have way more work than I can handle at the moment, so as I work this Memorial Day Weekend I can’t help but think about upping my hourly rate to see if the market will bare it, and I think it will.
     
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  26. BamaNug

    BamaNug The journey itself is the point
    Donor
    Alabama Crimson TideAtlanta BravesNew Orleans Saints

    I get it wrt to trials, but there’s no need for in-person attendance for status or settlement conferences.

    My eyes rolled out the back of my head at these two paragraphs:
     
  27. herb.burdette

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

    There are a lot of courts who love to haul you before them simply to remind you that you ain’t from around here.
     
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  28. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I'm somewhere in between. I'm perfectly happy to jump on the phone with a judge for something that can be knocked out on the phone. Agree with BamaNug that certain types of hearings/conference could be done telephonically or on zoom. For example, I had a federal magistrate make me drive 6 hours to Oxford and get a hotel room for a case management conference to get the CMO in place. That was absurd. On the other hand I like doing most things in the court room. If it's anything that requires a client actually being there, having to actually show up and be drug before the court does impress the importance of the situation and things get real. People get a lot more reasonable when they have some skin in the game and have to show up and feel the pressure.
     
  29. harvey birdman

    harvey birdman Ha ha! Last laugh.
    Donor
    ArsenalFlorida Gators

    If it's just lawyers and a judge, then it can be done via Zoom.
     
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  30. HuskerInMiami

    HuskerInMiami Well-Known Member
    Donor
    Miami DolphinsNebraska Cornhuskers

    Last January I was longboarding and my tire got stuck in a trench that the city had dug out to install a new speed bump. They had no signage or anything saying that they had just trenched a 2" x 2" gap in the cement - the perfect size for a longboard tire to get stuck in. I fell and broke my wrist, arm, and elbow. I didn't get a lawyer until about two months later after a family friend (who is a Judge in Omaha) flew in for the Super Bowl and suggested I get a lawyer.

    The City I live in kept kicking the can (Covid excuse) and recently my lawyer finally made it an official lawsuit (set a court date). He just called me and said that they filed a motion for dismissal because riding a skateboard is an, "inherent risk". They referenced this statute http://www.leg.state.fl.us/Statutes...te&URL=0300-0399/0316/Sections/0316.0085.html . Wouldn't 5a and 5b make this a moot point?
    upload_2021-6-2_15-19-45.png
     
  31. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    So the bigger issue here would be sovereign immunity . You'd have to determine whether it was a ministerial duty vs. discretionary function. If it's discretionary function, which it seems like most things are, then there is no liability because they are immune. I would turn down that case in my jurisdiction. Inherent risk is similar to comparative fault/contributory negligence. That's a jury issue in my jurisdiction unless "no reasonable jury could find otherwise."
     
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  32. HuskerInMiami

    HuskerInMiami Well-Known Member
    Donor
    Miami DolphinsNebraska Cornhuskers

    The way I read the law that was quoted is that it's intended use was to be to make it so cities wouldn't be sued at a skatepark so they would start making them available.
    And this part makes me think that even if they had this law and had a skatepark, if they just created a trench in the middle of the skatepark that they would be liable if they didn't at least cone it off.
    upload_2021-6-3_8-4-30.png
     
  33. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I think 5(a) looks good for you but I have no clue what your governmental liability litigation is like in Nebraska . It is typically full of land mines for Plaintiff's. I'm generally very skeptical.
     
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  34. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    I don't know if that statute even applies. It might only relate to places "designated" for such activities, like skate parks. This case seems instructive on your issues (although it may not help you): https://caselaw.findlaw.com/fl-district-court-of-appeal/1875545.html
     
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  35. harvey birdman

    harvey birdman Ha ha! Last laugh.
    Donor
    ArsenalFlorida Gators

    If the city was aware of people longboarding then the concurrence could be persuasive.
     
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  36. wes tegg

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

    One of the Florida guys could correct me on this, but I’ve always understood Florida law to generally be more favorable to plaintiffs in premises cases and disfavorable to municipalities compared to other jurisdictions.
     
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  37. HuskerInMiami

    HuskerInMiami Well-Known Member
    Donor
    Miami DolphinsNebraska Cornhuskers

    This is for Florida.
     
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  38. HuskerInMiami

    HuskerInMiami Well-Known Member
    Donor
    Miami DolphinsNebraska Cornhuskers

    The Delray Beach case is what they attached to their motion to dismiss.


    What does 'cause of action' mean? It says the complaint fails to state a valid cause of action against the City.
     
    #12889 HuskerInMiami, Jun 3, 2021
    Last edited: Jun 3, 2021
  39. HuskerInMiami

    HuskerInMiami Well-Known Member
    Donor
    Miami DolphinsNebraska Cornhuskers

    So if they knew that people long boarded, and they made a trench in the road with nothing pointing it out, they would be liable?

    I am struggling to understand how they can create a dangerous enviornment, then be 100% not liable. If I were walking and my foot got stuck and I fell and broke my arm, would they be liable then?
     
  40. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    It means a claim. For example, negligence, theft, fraud, etc. In other words, "you cannot state any valid claim and therefore your case must be dismissed."

    First, I don't know Florida law and I skimmed that case in like three minutes, so you should assume I'm just talking out of my ass.

    Second, and as to the bolded, it's not that they would be liable; it's that they could be liable under certain circumstances. Maybe twelve random people rule in your favor and maybe they say you were careless, this was completely avoidable, and rule against you. Who knows?

    Third, it looks like your case is going to fall under premises liability law, and that's all going to depend on what your status was on the property. You should Google principles of invitee vs. licensee vs. trespasser, but yes, it's possible the city isn't liable at all because you were skateboarding, but could be liable if you were walking down the street.
     
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  41. HuskerInMiami

    HuskerInMiami Well-Known Member
    Donor
    Miami DolphinsNebraska Cornhuskers

    Thanks. I googled invitee vs. licensee vs. trespasser and will leave that BS to you lawyers. I lost my train of thought after reading the same words in different orders a dozen times.
     
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  42. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    You were probably an invitee on the premises if you were skating at a skate park. In most jurisdictions that means they had a duty to warn you of dangerous conditions that they knew or should have known about.
     
  43. BUstang

    BUstang Lawyer

    I'm confident the judge will find a fact issue if you can show you did a sick ass kick flip before taking your spill.
     
  44. HuskerInMiami

    HuskerInMiami Well-Known Member
    Donor
    Miami DolphinsNebraska Cornhuskers

    The law protects them in Florida from being sued in designated skate parks.
     
  45. herb.burdette

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

    F. Lee Bailey died yesterday at 87. He had an incredibly uneven career that ended in disbarment and bankruptcy, but he also was arguably the top criminal defense attorney in the country for the better part of three decades.

    In 1966, he won reversal in the US Supreme Court of Sam Shepard’s conviction for murdering his wife, then won acquittal on the retrial. The story became The Fugitive movie and TV series.

    He lost an insanity defense for the Boston Strangler, but gutted the state’s case in pretrial evidentiary motions so that he was not charged with murder.

    He lost Patti Hearst’s case for armed robbery, arguing she had been brainwashed by the Symbionese Liberation Army as a cult.

    Johnnie Cochran gets most of the credit for the OJ Simpson acquittal, but the pivotal early moment in that trial that swung momentum was when Bailey cross examined cop Mark Fuhrman into perjury for using racial slurs. He had Fuhrman on audio dropping n-bombs freely right after he said he had never used the word.

    After being acquitted in his own drunk driving case, he published a 1982 best seller, How to Protect Yourself
    Against Cops in California and Other Strange Places.
     
  46. buy_dont_lease

    buy_dont_lease Ha ha ha. What a story, Mark.
    Donor
    Rutgers Scarlet KnightsTexas AandM Aggies altNew York YankeesDallas CowboysTottenham HotspurDallas Mavericks alt

    Have any of our gulf coast lawyer bros stayed at the Grand Hotel Golf Resort & Spa on Mobile Bay? It looks like it’s more adult-friendly, but there is a pool. Could I expect to keep my kids entertained for couple days and nights there? https://www.marriott.com/hotels/travel/ptlak-the-grand-hotel-golf-resort-and-spa-autograph-collection/?scid=bb1a189a-fec3-4d19-a255-54ba596febe2&y_source=1_OTkzMDY0NS03MTUtbG9jYXRpb24uZ29vZ2xlX3dlYnNpdGVfb3ZlcnJpZGU%3D

    L
    ong story short my wife is amicus attorney on a local family law case and the dad lives in Dothan, AL. She told the dad she would be willing to visit the kids when they’re with him this summer but he’d need to pay, so we’re thinking of making it a family trip if he agrees (I don’t like the idea of her driving 20 hours round trip alone).

    Alternatively, if there is anything worth doing near Dothan I’d consider that too. Post-covid pricing on the 30A beaches is a big no dawg for me this summer based on what I’ve seen.

    Appreciate any feedback.
     
  47. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Yeah The Grand is great. Fairhope is a really cool city.
     
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  48. wes tegg

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

    The Grand rules, but it’s nowhere near Dothan.
     
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  49. pez

    pez Competent
    Staff
    SMU Mustangs

    The Grand is awesome and very kid friendly. I’ll leave the geography to others
     
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