Lawyer thread

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

  1. buy_dont_lease

    buy_dont_lease Ha ha ha. What a story, Mark.
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    We’re already driving 10+ hours to get there, it’s close enough.
     
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  2. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Fair enough. It’s a great property, and Fairhope is a really neat town. You’ll have no trouble entertaining kids. I went down there every summer as a kid and there’s a lot more there now than there was then.
     
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  3. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Some of the grands rooms are old and some have been upgraded. Get an updated room. Our family did Thanksgiving there a few years ago and I got one of the old rooms and it wasnt that nice. The bar is really cool. I think the golf course is supposed to be good
     
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  4. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    Yep. I miss in person docket calls for this very reason. A lot of my venues, I want people getting a friendly reminder of how bad they’re going to get lit up if we don’t settle.

    Also helps me generate a good bit of associated defense work as guys don’t want to come down.
     
  5. BamaNug

    BamaNug The journey itself is the point
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    I get it, and agree with play the cards youre dealt/take advantage of your situation — but that’s such bullshit.

    If the courtroom is so venerable and prestigious, then why does it vary drastically county to county?

    Like a trip and fall in Greene County is worth a ton more for no legit reason. Good ol boy network is a crock of shit.

    Not knocking you, if I was on Pltf side I’d do the same thing.
     
  6. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    It’s not the good ole boy network here. You don’t really get hosed by the court here. I mean, you’re not ever going to get a summary judgment or anything like that, but it’s not necessarily extremely pro plaintiff. I like people to enjoy the scenery on the way to the courthouse. Always love an adjuster seeing it for the first time. :laugh:
     
  7. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    EH granted summary judgment for one of my partners in a bad faith case last week.
     
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  8. CF3234

    CF3234 Fan of: Bandwagons
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    Just passed my salary from last year in 5 months and got my first case against my old firm. Everything is coming up millhouse.
     
  9. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    Rare company. He seems to be doing it a little more now that he’s only got 3 years left.

    Still couldn’t believe he put on record that he should give me Judgment of Acquittal but was going to let jury do it bc of personal factors. Could’ve put me in a tough spot if it had gone wrong way.
     
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  10. Z

    Z Well-Known Member
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    Just got my first jury summons for a docket where I have two cases set for trial. Don’t guess I’m getting picked.
     
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  11. Gallant Knight

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    settled this for the $40k on 5/25. he still hasn't sent us a release.
     
  12. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    sent him a draft motion to enforce the settlement and said if we didnt have a release by 5 im filing.

    his response


    It took me a few days before I was able to draft a release and then I sent that draft release to adjuster last week and I am waiting on their approval which I am required to do. I will send to you as soon as their in house attorneys approve my draft or send me any revisions. I will follow up with them today. Would you like to see the working draft? I make no promises that there will not be any changes.


    File your motion if you like, but seems like a waste of time and energy. We could argue over whether you currently have a written agreement to enforce, but that’s not going to get us anywhere. I am happy to do a Rule 11 agreement in the meantime if you want something in writing on the $40,000 settlement amount.
     
  13. Gallant Knight

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    so, his position is that over 2 weeks to get us a release is a reasonable period of time and that an email saying we offer 40k and us saying here are the drafting instructions might not be an enforceable agreement.
     
  14. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    I wouldn't file anything about the 2 weeks to get a release when it was the weeks before and after memorial day.
     
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  15. Gallant Knight

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    the only reason i'm filing anything is because i don't think OC will do anythign without some pressure

    the only reason he offered the $40k is because i threatened to unilaterally schedule like 5 depositions.

    he has 15 cases on file over a 15 year period in harris county. i have no idea how he is a partner at his firm.
     
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  16. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    i don't actually want sanctions or court intervention. i just want him to get off his ass and get us a release.
     
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  17. BUstang

    BUstang Lawyer

    What county? It may not be enforceable but most judges down here will give him a new asshole. You probably won't have to say anything. Just stand there and watch the evisceration.
     
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  18. Gallant Knight

    Donor
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    harris county judge garrison

    defense lawyer is miserable. it got to the point that he wouldnt respond to our emails and i eventaully just said fuck it and called the adjuster after 6 weeks and within 10 minutes i had an email bitching at me for contacting the adjuster.
     
  19. BUstang

    BUstang Lawyer

    She's not the best but she will probably still give it to him.
     
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  20. BamaNug

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

    Assuming it's a release for a client he regularly represents, it's a 10-15 minute task of filling in Parties and amount.

    I mean, I've taken 2 weeks before based on shit higher on my priority list, but it doesn't actually take 2 weeks.
     
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  21. Gallant Knight

    Donor
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    the third party insurance company was insolvent so its a state agency who steps in.

    they've been around for 40+ years. so his position that he had to draft a release and get it approved versus him telling the agency we have an agreement and them sending him a release is insane.
     
  22. BamaNug

    BamaNug The journey itself is the point
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    Have $60K in authority. Pltf is at $75K, we're at $45K. Based on the moves, we're both obviously looking at $60K. I was dialing Pltf's number, basically, "hey man, can we get this done at $60K?"

    Partner calls me while I'm dialing -- "slow play it -- don't get back to him until tomorrow, and only go to $47,500. We'll look like heroes if we can save a few bucks."

    I hear "we'll look like heroes" over <$5K several times per month.

    This is why I went to law school.
     
  23. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    That's so frustrating. And, when you "save a few bucks" every time, the clients start realizing that your evaluations are too high.
     
  24. Gallant Knight

    Donor
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    how often do yall setlle cases for way below your authority
     
  25. BamaNug

    BamaNug The journey itself is the point
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    I settle so many cases by picking up the phone and calling O/C and cutting straight through the bullshit -- hey man, you're at $200, I'm at $100, if you're shooting for the midpoint I can make a call and probably get this done. It works like 80-90% of the time, and a lot of lawyers are receptive to this approach. I have a few tactics that very efficiently and effectively resolve cases. Of course, this removes the opportunity of "saving a few bucks," and my partner has told me I need to "be more of a bulldog in negotiations."

    Bro, I have 40-50 cases and the sooner I can get one off my list, the more time I can spend on actual substantive shit.
     
  26. BamaNug

    BamaNug The journey itself is the point
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    "Way" below authority, almost never.
     
  27. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Almost never. In fact, I rarely settle below authority. I feel like I'm pretty good at evaluating cases, and I'm pretty candid with plaintiff's lawyers early on.
     
  28. BamaNug

    BamaNug The journey itself is the point
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    Same. We do all this work and evaluation to provide a firm figure, and then use that figure as like a fucking "worst case scenario."
     
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  29. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
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    At best I would occasionally walk away with 5k-10k. But that was rare in my time as a defense jerk.

    My favorite is the guy who the last three cases I had with him he claimed his “absolute top dollar authority and best offer that he can make” was like $14k, 24k, and 19k.
     
  30. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I find this fascinating.
     
  31. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Have a jury trial in August on a MVA where my client has $3900 in meds with 2 months of chiro treatment but I can't get a decent offer :facepalm:
     
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  32. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    What are they offering?
     
  33. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I think it's at like $7k or $7500
     
  34. Gallant Knight

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    Lol would I would’ve settled that a long ass time ago
     
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  35. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    I usually think Plaintiffs should get less for going to a quack chiro.
     
  36. Z

    Z Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    Had a staff member just abruptly quit about a month or so ago. No warning, just didn’t show up to work one day and had left a letter on my desk “resigning.”

    Filed a claim for unemployment today. :facepalm:
     
  37. Gallant Knight

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    99/100 of my cases are chiros
     
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  38. Gallant Knight

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    I’m my receptionist quit in June or july 2020. I hired her a few months before

    I think she saw her friends making $ via unemployment and thought she could do that

    I was keeping her on the payroll basically out of the goodness of my heart as I didn’t need a receptionist with everyone working at home

    called her on last day and was like just so you know you can’t quit and file for unemployment and if you do I’ll fight it because I have to pay into the states unemployment thing and if someone successfully files my rate goes up significantly

    the look on her face was priceless
     
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  39. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    i prefer my clients go to pt over chiro
     
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  40. BamaNug

    BamaNug The journey itself is the point
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    Chiro is completely accepted as legitimate treatment in WA and OR, not even a question. IIRC in Alabama it was viewed pretty skeptically and not given as much credence.
     
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  41. CF3234

    CF3234 Fan of: Bandwagons
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    I do the same thing from the plaintiff side. My partner will give me a hard time that I didn’t get another 500 in fees or something but to me it’s not worth straining a relationship with an OC or wasting another 30+ minutes on a settlement call when I could move on to one of my other 60+ cases.

    my biggest gripe right now is OCs who want to settle cases but won’t give me a firm offer. Got one case where she keeps giving a range of 40-50k but won’t tell me what she actually is offering. Nevermind that I’ve told her my bottom line is 60k and she won’t just give me a firm offer to negotiate off of. I can work with 50 and try to get my client to take 55 but if she wants to show 40k and call it her max, we are dead in the water.
     
  42. Z

    Z Well-Known Member
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    Absolutely. I've never sent a client, or anyone to a chiro. Probably missing out since it was beamed down from heaven to its founder. Had one chiro tell me not to get tubes for my daughter, because if I would let her adjust her, then the infections would stop/go away. :facepalm:
     
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  43. colonel_forbin

    colonel_forbin Well-Known Member
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    I've never had it, but I've heard a lot of stories about chiropractic care helping. Half of it is stretching, which you'd get at PT anyway. The problem is the vast majority of chiropractors that give that care. "Oh, you've been having back pain? Let's put you on a three-times-per-week plan for the next six months and then we'll start doing weekly adjustments for the next . . . forever."
     
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  44. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    One of my college friends became a chiro and he's always posting on facebook how chiro treatment will fix pretty much all ailments you could have :facepalm: I always try to get them to go to PT first. You have to get a referral to PT so you've got to get them into PCP first. Some PCPs refuse to treat ppl that have been in a wreck I guess for insurance purposes. It becomes a cluster. At this point I've moved to where most my clients are in PT although some of them for logistical purposes are in chiro. I've taken multiple depositions of PTs lately which seems way more credible than a depo of a chiro. Also agree with others, some of the stuff chiros do is the same as PTs. Also will note there have been signifcant med mal verdicts against chiros in MS where they severed a nerve doing a cervical adjustment etc. Some have been 7 figure verdicts. And the stuff I see my friend doing on facebook with adjustments , sometimes it looks like medevil torture with him violently jerking on people's heads.
     
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  45. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
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    Chiro is a short term solution for just a small number of problems. If you're doing it long term, it means you're not fixing the source of the pain, which is what a physical therapist would be doing in the first place. The chiro lobby is way stronger than the PT lobby though, so they get a lot of preference for things like insurance, access laws, etc.

    If you actually want to get better, a good PT is the way to do it.
     
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  46. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
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    Bingo bango. In GA it used to be that you needed a referral before you could see a PT, but a chiro can snap your neck any time they want.

    Now it's a little better, but after like 24 visits or something, you'll need to get a referral from your PCP to keep doing the PT. It's still bullshit.
     
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  47. Gallant Knight

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    And I just got the release after filing the motion to enforce yesterday
     
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  48. Gallant Knight

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    I suggested that the insurance company should have a form release considering they handle thousands of MVAs


    Thanks. I’ll pass along to TPCIGA your recommendation on how they should operate.


    See settlement agreement and release attach”

    “Let me know what they say. It sounds like they need a complete overhaul considering how log this claim took to complete.”
     
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  49. Gallant Knight

    Donor
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    Of course my dumbass staff doesn’t file the motion yesterday like I instructed and did it this morning. So just got to have another fun exchange