Lawyer thread

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

  1. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Zoom was never intended to be used for depositions, so there are a lot of problems with it. Those problems are amplified in exhibit-heavy cases. Screensharing sucks, court reporters often miss (or confuse) shit, you can lose a connection, the witness may be getting coached/cheating, you can't physically "lay eyes" on the witness, etc. It's not that big of a deal when it's a soft tissue slip-and-fall, but if it's something with catastrophic injuries and potential 7+ figure exposure, it's not worth the risk just to not have to leave your office.
     
  2. Brandon Chicken

    Brandon Chicken Chow Time
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    I started putting the documents in the chat. The deponent can download each one and then scroll through it as they please. Agree with everything you said though.
     
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  3. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    That's far better than screensharing, but you still end up with unsophisticated witnesses having to get coached on how to look at the document on their screen which makes for a dirty transcript.
     
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  4. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    Masks aren't required in most of our courthouses now. Was up in there today trying to get someone to pay $15k in attorney fees for breach of settlement agreement. Non PI case.
     
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  5. Sammy Meatballs

    Sammy Meatballs Pete Gelding
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    I’m never going to a depo in person again.
     
  6. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    In a trial for the third week. :killme:
     
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  7. Z

    Z Well-Known Member
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    Partner got a straight up acquittal in a capital murder trial last week which was pretty cool. Doesn’t happen too often.
     
  8. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    jury trial? criminal or civil? personal injury?
     
  9. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
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    Had to take a post lunch slam at the courthouse yesterday 0/10 don't recommend. Courthouses always have the grossest bathrooms. I think it's the stress and emotion and ppl just blow it out. And the general public is just gross
     
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  10. Z

    Z Well-Known Member
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    :laugh:
     
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  11. Z

    Z Well-Known Member
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    Capital murder for me too. Basically the one bit of criminal law I still practice.
     
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  12. Sean Connery

    Sean Connery I'll take Whore Ads for $200
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    Probably half of the attorneys at the firm I’m with are the same way and I can be depending on the witness. Zoom is incredibly convenient and has its place for certain depos, but you’re exposing yourself for a lot to go against you if you’re deposing, say, a plaintiff. Plus you can read body language better and deponents are much more comfortable when they’re doing it from their home.

    Some may view it as a billing ploy, but I get stressed the hell out when I lose an entire day of productivity.

    Along those same lines, one of our partners just retired Friday and left a wake of chaos, ie setting inspections without telling anyone. I found out Sunday I would spend all day yesterday in Miami and yesterday found out I’ll be spending all day tomorrow in Jacksonville. Fun times.
     
    #15662 Sean Connery, May 3, 2022
    Last edited: May 3, 2022
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  13. Sammy Meatballs

    Sammy Meatballs Pete Gelding
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    I think deponents, particularly corporate reps, are way more relaxed and casual when it’s over zoom and I think it works out way better. They don’t take it as seriously.
     
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  14. El Tiburon

    El Tiburon Well-Known Member
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    Florida Gators

    I particularly dislike Zoom depos for my own expert witnesses. I find that their level of preparation really drops off if you don’t go there live and sit with them. I like to get to the depo city the night before and take them out to dinner to discuss the case. Then make sure to show up an hour before the depo time to go over things again. In the Zoom age, these experts don’t prepare nearly as well and then wind up doing their usual work stuff until 5 minutes before the depo resulting in their thoughts being totally disorganized.
     
  15. Z

    Z Well-Known Member
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    Team live depos. Zoom obviously is more convenient, but I want to see witness in flesh.
     
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  16. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    This trial is down in Wilcox County. The courthouse bathrooms have gone out about 4 different days. Complete circus.
     
  17. Bricktop the white

    Bricktop the white Well-Known Member

    defending the most astoundingly unprofessional depo i've ever seen.

    south florida lawyers are an incredible breed of assholes.
     
  18. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Ugh. It looks like one of the defendants in my biggest case is uninsured and will be an empty chair. A shitload of coverage everywhere else, but a really easy empty chair for the other defendants to blame.
     
  19. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    Well, thank God for joint and severable liability.
     
  20. colonel_forbin

    colonel_forbin Well-Known Member
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    Yeah no kidding
     
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  21. a.tramp

    a.tramp Insubordinate and churlish
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    Just got this text message. Searched number and is tied to a name with business in the pool, landscaping, patio world but none have the name “Works” in them.

    Level of concern I should have?

    I have a sole proprietorship, DBA Premier Pool Works.
    Do not advertise or market.

    AD707494-2448-4458-8399-CECB2163ACDF.jpeg
     
  22. BamaNug

    BamaNug Half is a lie, but the good part's true
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    Worst case scenario is you get a cease and desist letter and have to change your name, assuming his claim is legit. You're not liable for any sort of monetary damages if you truly had no idea.

    I wouldn't do anything until you hear from the lawyer.
     
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  23. Ray McKigney

    Ray McKigney Feel my ubiquity
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    Random “you’ll hear from my lawyer” text? I wouldn’t sweat it.
     
  24. a.tramp

    a.tramp Insubordinate and churlish
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  25. Ray McKigney

    Ray McKigney Feel my ubiquity
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  26. Oranjello

    Oranjello Well-Known Member
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    #15676 Oranjello, May 4, 2022
    Last edited: May 4, 2022
  27. Gallant Knight

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    yeah pretty sure this is going into a third day, and he had a preferential setting that was set a month ago that goes on wednesday

    fml
     
  28. CF3234

    CF3234 Fan of: Bandwagons
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    Wait until you get a cease and desist then if your brand name doesn’t matter to you, change it. Especially since you don’t market. Most of your customers probably know you by your IRL name and not your company name.

    this guy comes across as someone who takes pot shots at anyone with a similar name to try and scam some money from other small businesses.
     
  29. Gallant Knight

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    100%
     
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  30. Gallant Knight

    Donor
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    soooo defense lawyer didn't plead comparative negligence. at that point i dont think they're entitled to a negligence question on the charge?
     
  31. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    It's an affirmative defense that must be pleaded and proved. I don't know if you should bring it up before trial, but I'd be armed with law on surprise, prejudice, amending pleadings to conform to the evidence, etc.
     
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  32. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    They have to raise it in the answer. I'd file a motion on it. Or do what the plaintiff in the case below did, file a MSJ
    Jones v. City of Hattiesburg, CIVIL ACTION No. 2:18-cv-84-TBM-MTP, at *52 (S.D. Miss. June 28, 2021):
    "Federal Rule of Civil Procedure 8(c)(1) states: “In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense.” Fed.R.Civ.P. 8(c)(1). “Failure to timely plead an affirmative defense may result in waiver and the exclusion of the defense from the case.” LSREF2 Baron, L.L.C. v. Tauch, 751 F.3d 394, 398 (5th Cir. 2014) (citing Morris v. Homco Int'l, Inc., 853 F.2d 337, 342-43 (5th Cir. 1988)). An affirmative defense is subject to the same pleading requirements as the complaint. Woodfield v. Bowman, 193 F.3d 354, 362 (5th Cir. 1999). A defendant must plead with “enough specificity or factual particularity to give the plaintiff ‘fair notice' of the defense that is being advanced.” LSREF2 Baron, 751 F.3d at 398 (quoting Rogers v. McDorman, 521 F.3d 381, 385-86 (5th Cir. 2008)) (internal citations omitted).

    However, “a technical failure to comply precisely with Rule 8(c) is not fatal.” Levy Gardens Partners, 2007, L.P. v. Commonwealth Land Title Ins. Co., 706 F.3d 622, 633 (5th Cir. 2013) (citing Aunt Sally's Praline Shop, Inc. v. United Fire & Cas. Co., Inc., 418 Fed.Appx. 327, 330 (5th Cir. 2011) (citing Allied Chem. Corp. v. Mackay, 695 F.2d 854, 855 (5th Cir. 1983)). “A defendant does not waive a defense if it was raised in a ‘pragmatically sufficient time' and did not prejudice the plaintiff in its ability to respond.” LSREF2 Baron, 751 F.3d at 398 (citing Rogers, 521 F.3d at 386). “A district court has discretion to determine whether the party against whom the defense was raised suffered prejudice or unfair surprise as a result of the delay.” Id. (citing Levy Gardens, 706 F.3d at 633.

    The Court finds that Defendants' failure to affirmatively plead the defenses of contributory and comparative negligence results in the waiver of these defenses"
     
  33. Gallant Knight

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    were doing pretrial tomorrow; i added a motion in limine and going with a bench brief
     
  34. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    One of my last Plaintiffs trial was a slip and fall and the Defense lawyer forgot to plead open and obvious.

    The look on his face when we handed him the motion in limine the first day of trial...
     
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  35. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    Brandon Chicken , any chance we actually get this thing settled? I really don’t want to spend weeks trying this thing this fall.
     
  36. bro

    bro Hey Hermano
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    currently dealing with a slip and fall on an ice and snow covered sidewalk on a super snowy January day in Colorado. But Colorado’s premises liability act does not allow open and obvious as a defense
     
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  37. bro

    bro Hey Hermano
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  38. Gallant Knight

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    I might’ve not gotten a single puzzle right on the test
     
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  39. bro

    bro Hey Hermano
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    As you could imagine, reading the tweets on this subject is awful.
     
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  40. BamaNug

    BamaNug Half is a lie, but the good part's true
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    Logic games? That was my best section. Once you figure out the formulas, it's cake.

    I was awful at reading comprehension/analysis because of how boring the source material was. Would have to read the prompt 2-3x to retain anything.
     
  41. Gallant Knight

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    Yeah I just showed up and didn’t have a clue what was going on in the logic games. Sounds like if I room a class I could’ve gotten like all of them

    oh well
     
  42. Fudd

    Fudd Bail was like a pop fly just to bring my man home
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    2L is done thank god. Absolute brutal fucking semester.
     
  43. MORBO!

    MORBO! Hello, Tiny Man. I WILL DESTROY YOU!!!!
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    I have a defense attorney telling me he’s not ready for trial because he’s still waiting for text message records from a cell provider. I keep telling him that I’m pretty sure providers don’t keep text message content, just the fact that a text was sent to/from. Am I crazy here?
     
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  44. herb.burdette

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

    I perform really well on self evaluations.
     
  45. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    I just bought those Power Score Bibles or whatever they were called. Dominated that section. Glad they had the LSAT for me. Doubt I would have gotten a scholarship without it--resume was fairly thin.
     
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  46. Brandon Chicken

    Brandon Chicken Chow Time
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    I think so? The fact that depositions are being rescheduled seems positive? You probably have a better feel than I do.
     
  47. Z

    Z Well-Known Member
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    Alabama Crimson TideBoston Red Sox

    Seems hopeful to me. But unless SD, TD, and CJ can get their clients to kick in around another 100k or so each, I'm not sure it will.
     
  48. Brandon Chicken

    Brandon Chicken Chow Time
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    Pretty sure my folks are going out regardless. I damn sure do want to spend a few weeks in Greene County this fall (no offense).