Lawyer thread

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

  1. Bricktop the white

    Bricktop the white Well-Known Member

    Things are extremely different in florida. I was geico staff counsel for almost 2 years with 2 other guys and i dont think we tried a single case as an office. 30 trials a year seems truly insane to me.
     
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  2. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Retained. PT of T&R in Florence. Minimum limits with Allstate UIM, too.
     
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  3. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
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    Oh man, I know he's furious.
     
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  4. wes tegg

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

    For your sake, I hate it's not "To the Moon Cliff," but he probably doesn't cruise that far North.
     
  5. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    lol he has UIM but opted out
     
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  6. Geico doesn’t try cases in Houston either. We have to work up the cases but they always settle.

    Also State Farm is starting to get better here as well. A lot of their outside defense counsel told them to fuck off on their flat fee proposals.
     
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  7. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
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    Legit shocked he remembered to opt out.
     
  8. wes tegg

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

    Geico has such a high % of minimum policies that they don't really try much here, either.
     
  9. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    I’m surprised that municipal court issue hasn’t hurt him more. Even though he opted out he still filed a conflict notice with like 20 cases set for trial the same day.
     
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  10. wes tegg

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

    That's his brand.
     
  11. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    Ha I got asked to do that and politely declined.
     
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  12. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    I think I’ve told this before, but my first jury trial was with Cliff. Client was in two significant rear-enders within three weeks of each other. There was basically no difference between them. Couple chiro visits in between, several more after the second one. My old boss apparently forgot about the first wreck, and settled the second one for like $3,500 within 60 days of the second wreck. A month later, client was still in pain and goes to an orthopod, has a herniated disc, and has an ACDF.

    My boss makes me go try the first wreck as being the cause of it all. Needless to say, it didn’t go well for me. But that jury deliberated for six hours so I’m claiming a moral victory.

    Still sucks that Cliff has that over me.
     
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  13. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
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    Holy shit man. That lady must have been piiiiissed.
     
  14. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Thankfully that settlement was before my time so it wasn’t directed at me personally
     
  15. Has anyone handled Uber claims on either the plaintiff or defense side? I have a question about coverage
     
  16. Bricktop the white

    Bricktop the white Well-Known Member

    just had to help prepare an 8 year old for a depo where he's going to be talking about the damages from his mother dying.

    Being in the misery business sucks.
     
  17. Sammy Meatballs

    Sammy Meatballs Pete Gelding
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    Alabama Crimson TideArsenal

    yes
     
  18. MORBO!

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

    God damn. Have yourself a stiff drink after that one.
     
  19. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    CS?

    What happened with him in municipal court?
     
  20. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
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    CP
     
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  21. Z

    Z Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    How many Cliffs do 1,000 Allstate cases a year. :laugh:

    I've got an uninsured co-defendant of CS, and I'm just amazed at how many dog cases he has with Allstate at one time.
     
  22. wes tegg

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

    Ha! Didn't even occur to me.
     
  23. Z

    Z Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    I had forgotten all about CP. I haven't been around him in a while. Think my last case was when he just didn't show up to a mediation.
     
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  24. wes tegg

    wes tegg I'm a Guy's guy, guys.
    Staff Donor
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    Also very on-brand.
     
  25. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I've never had a lawyer just no show for a mediation
     
  26. CF3234

    CF3234 Fan of: Bandwagons
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    entering hour 4 of this depo. My client has lied every which way humanly possible. I think he's just completely making stuff up at this time. We've already decided we are dropping this client immediately after the depo. Easily the worst depo I have ever been a part of.

    He reported the claim as a dishwasher leak.

    He just testified that he doesn't own a dishwasher.

    :killme:
     
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  27. are there any offers on the table?
     
  28. CF3234

    CF3234 Fan of: Bandwagons
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    nope. this guy is getting nothing and deserves nothing after this shit show.
     
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  29. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I have a MVA claim that might be the first one I can remember where the carrier has called out the claimant for "fraud". Basically my client was rear ended by her sister who was driving a friend's car. The carrier says that my client initially acted like she didn't know who the adverse driver was . Didn't admit that it was her sister until later. And gave conflicting accounts of the event to the carrier in recorded conversations before I got involved. They hired an independent adjuster to take recorded statements of like 4 people. The kicker is that I'm primarily just representing her 2 minor children. The only way I can imagine that a sister and a mom would conspire to wreck the mom's vehicle is if the vehicle already had property damage and they wanted to total it and get a new one. But you'd have to be pretty terrible people to conspire to do that and injure two minor children.
     
  30. have any of yall tried direct mail campaigns to drum up business?
     
  31. Bricktop the white

    Bricktop the white Well-Known Member

    My uncle did this very successfully with ada defense stuff. Just automailed to any small biz listed as a defendant on pacer without an attorney
     
  32. There are hundreds of hospital liens filed in harris county every day.

    I put a call into the ethics hotline to get the exact rules, but i may spend like 10k on this and see how it goes. if i get like 4 clients it will pay for itself
     
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  33. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    The first report of injuries for comp are publically available in MS. There are like 30 firms, including ours, that sends everyone with a first report a direct mailer. I get business from it. Was better before everyone knew about it. Certain insurance carriers put a bill through our legislature this year to try and outlaw it.
     
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  34. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Here the bar is ok with it. But you have to put "attorney soliciation" on the outside of the envelope and you have to send the bar a copy of the content. Hospitals don't have a statutory lien here. If they did and were filing them I would jump on that direct mailer idea.
     
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  35. I believe that is the rule here as well, but I'm trying to get clarification.
     
  36. Russellin4885

    Russellin4885 Well-Known Member
    Donor
    North Carolina State Wolfpack

    Was curious to see what some lawyers might think of my situation. Trying to solve this without escalating it but looking unlikely. My family owns a retail store that had really bad water damage due to a water line breaking in the space above it. Long story short, the owner of the building is trying to fuck us and get us to basically pay for the all the cost to bring the space up to code since it was a very old space. Here is the only thing in our lease mentioning damage that we have signed:

    If the premises are damaged but this lease is not terminated pursuant to subsection (a) the landlord shall proceed with reasonable diligence to restore all improvements which landlord is obligated to insure under this lease to substantially the same condition in which they existed prior to the damage or destruction. Rents shall not be abated, either in whole or in part, during the first one hundred eighty (180) days after the date of destruction.

    This is the cost sharing agreement they tried to get us to sign, but we never did:

    Landlord and Tenant acknowledge that Landlord’s contractor, has provided a proposal for the work that would be required to repair and restore the features located within the Premises that were damaged by the Water Damage to the same condition that existed prior to the Water Damage (the “Base Proposal”). A copy of the Base Proposal is attached hereto and incorporated herein as Schedule 1. Notwithstanding anything to the contrary herein or in the Lease, Landlord shall only be responsible for paying for the cost to repair and restore the features located within the Premises that were damaged by the Water Damage, which shall include: (a) the walls in the Premises to the same condition that existed prior to the Water Damage (the “Base Wall Repair Costs”); (b) the floors in the Premises to the same condition that existed prior to the Water Damage (the “Base Floor Repair Costs”); and (c) the electric lines to the same condition that existed prior to the Water Damage (the “Base Electric Line Repair Costs”). The Base Proposal reflects the estimates for the Base Wall Repair Costs, Base Floor Repair Costs and Base Electric Line Repair Costs. Landlord shall have no obligation to pay any Additional Wall Costs, Additional Floor Costs, Electric Line Upgrade Costs and/or Additional Work Costs (all as defined below).


    Landlord and Tenant acknowledge that even if the existing electric lines damaged by the Water Damage are repaired and restored to the same condition that existed prior to the Water Damage, the electric lines will not meet the current Town building codes and that, as part of the repair and restoration work contemplated herein, the electric lines will need to be upgraded to meet the current Town building codes (the “Electric Line Upgrades”). Notwithstanding the foregoing, Landlord shall only be responsible for paying for the Base Electric Line Repair Costs, and Tenant shall be responsible for paying the Electric Line Upgrade Costs (as defined herein). The “Electric Line Upgrade Costs” shall be the amount equal to the difference between the actual costs of the Electric Line Upgrades required by the Town and the Base Electric Lines Repair Costs.

    To me it seems pretty straight forward that I want to tell them to fuck off and they can give us the space back in the condition it was prior to the flood. They obviously can't but that's not my problem, I don't own the building.

    Thoughts?
     
    #15186 Russellin4885, Mar 15, 2022
    Last edited: Mar 15, 2022
  37. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    Have you tried blowing the landlord?
     
  38. Russellin4885

    Russellin4885 Well-Known Member
    Donor
    North Carolina State Wolfpack

    Not yet, but I keep all options open.
     
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  39. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Fuck 'em. You paid your rent, and repairs are on their dime. That's the cost of doing business as landlord.
     
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  40. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I'd tell him you aren't contractually obligated to do what he's asking you to do. He can try to move to evict you but he won't have a valid claim. Tell him if he tries anything you'll win on the merits and ask for damages including attorney fees. This may end with yall having to move out because the guy is a huge dick.
     
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  41. CF3234

    CF3234 Fan of: Bandwagons
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    This is my read as well. Costs are on him, but his insurance should be footing the bill anyway.
     
  42. Associate just called me freaking out. Apparently a client we fired 18 months ago called and said she was going to file a grievance against her because Walmart wouldn’t talk with her about her slip and fall from 6/20

    1. we sent a release of representation to Walmart in 10/20
    2. That release was in the copy of her file we sent to her in 10/20; and
    3. We fired her because she would yell and curse at my staff on 50% of her phone calls
     
  43. Only thing I can think of is that he either didn’t have insurance or can’t afford/doesn’t want to pay deductible
     
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  44. apparently we also fired her because she didn't tell us about a car wreck that happened a month before her slip and fall and was treating for the same injuries at two separate clinics.

    i hate all of these people
     
  45. CF3234

    CF3234 Fan of: Bandwagons
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    More updates.

    Had to unilaterally set a special set hearing to clear out all the pending motions to compel I had as well as a motion to strike their proposal for settlement. OC cross noticed his Motion for Leave to amend his AAD to include a fraud defense (something he has almost no shot of winning but is convinced is a silver bullet).

    Judge grants his motion for leave, (which the judge was always going to do), but instead of granting my motion to strike their PFS, he simply strikes the portions of the PFS that incldued language relating to bad faith AND re-opens the PFS from last weeks hearing date rather than from last april when it was filed. This PFS was indemnity only with fees to be negotiated later. I've put at least 120 hours into this file between April 2021 and today. OC should have been screaming objections left and right about this but let it slide because he didn't realize the implications and was too busy being smug about getting the case continued so we could do discovery on his BS defense. (IF OC had objected, he would have been right. What the judge did was completely improper. But there was no court reporter and he didn't object, good luck going in front of this judge on a motion for rehearing)

    As soon as we got the order signed by the judge on Monday, we filed a notice of acceptance of the PFS. (Client is getting money up front now and we are planning to file bad faith claims which will more than make up the difference they need to repair the house)

    Yesterday was supposed to be my clients depo. OC logs into the zoom and the cocky attitude he's had over the last few months is completely gone. Muttering about how there are issues with the order but can't articulate what they are. He was so shook that he asked if the depo could still take place. Indemnity is over. My client isn't showing up for shit.


    He was so cocky about getting his motion for leave granted for his nonsense defense he missed the judge giving us an opportunity to lock in 90K+ in fees. Can't wait to see how he tries to riggle out of this mess.
     
  46. Bricktop the white

    Bricktop the white Well-Known Member

    does bertwing actually work for walmart?

    if so, I need him to pull some strings and get me this investigations counsel gig i just applied for.
     
  47. bertwing

    bertwing check out the nametag grandma
    Staff Donor
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    Let me review your posting history and I’ll be back in touch with you soon
     
  48. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Does that job generally entail investigating liability claims?
     
  49. Bricktop the white

    Bricktop the white Well-Known Member

    3000 posts to 15000 likes. it's gold the whole way down.

    R-957151 is the job code. Give sam my best regards.
     
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  50. Bricktop the white

    Bricktop the white Well-Known Member

    looks like its mostly about investigating discrimination claims and doing regulatory compliance.

    every time my job makes me feel like dying i spend an hour or two applying to random jobs on linkedin.