Lawyer thread

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

  1. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    not sure; got a line to the #2 person at the firm. going to call tomorrow

    they're such a big operation that they mightve just gotten lost in the shuffle
     
  2. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    yah I'm super confused . Gallant Knight you can't just post this stuff without explaining it.
     
  3. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I'm aware of no branch of the government here that has random checks sitting around somehow from cases I've been involved in.
     
  4. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

  5. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    basically if a check isn't cashed for a year or two the insurance comapny will send them to the state to hold until someone claims it

    it's used for basically all unclaimed property here
     
  6. Gotch Yarbrough

    Gotch Yarbrough Canada eh?
    Donor

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  7. harvey birdman

    harvey birdman Ha ha! Last laugh.
    Donor
    ArsenalFlorida Gators

    For the Admin Law Attorneys:

     
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  8. Bricktop the white

    Bricktop the white Well-Known Member


    This woman definitely failed admin law in law school and finally had a chance to get payback.
     
  9. Fudd

    Fudd Bail was like a pop fly just to bring my man home
    Donor

    Fuck federal courts and fuck Pullman abstention god fucking damnit
     
  10. BUstang

    BUstang Lawyer

    I can't get into details because the case is still pending but I had the rug pulled out from under me on a case I mediated today. Client completely lied in his depo about prior medical treatment - despite hours of prep going over this kind of stuff. I told him we are accepting their best and final or I am withdrawing. What a dumb fuck.
     
  11. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    They file Rule37 motions on that here and our COA and Supremes will uphold dismissals.
     
  12. Bricktop the white

    Bricktop the white Well-Known Member


    federal courts arent real. they are a scam invented by insurance companies to avoid paying out to injured parties.
     
  13. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    That happened to me once at a deposition where my client was confronted with medical records. But he said that the patient in those medical records wasn't him; it was his brother. He said he was letting his brother assume his identity and insurance to get treatment since the brother didn't have health insurance. So, you know, insurance fraud.
     
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  14. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    I defended a case many years ago where the claim was that the primary care doctor failed to detect a concerning spot on the patient’s lung during a routine chest X-ray that was part of his yearly physical. Sounds straightforward enough until the full story came out.

    Turns out the doctor saw the spot and spoke to the patient about it. The patient was an older guy with a younger wife and begged the doctor not to put that in his notes because he was in the process of getting life insurers and he feared that a concern for possible cancer would disqualified him. The doc agreed on the condition that the patient return immediately as soon as his application was approved. Fast forward two years and the guys hadn’t come back, but did wind up getting diagnosed with stage 4 lung cancer and dying. His wife then sued the doctor. It was quite the predicament.
     
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  15. SmoochieWallace

    SmoochieWallace Ipse dixit
    Donor
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    Florida has this:

    https://www.fltreasurehunt.gov/
     
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  16. ukcats8

    ukcats8 smugapari
    Donor
    Kentucky Wildcats

    Anybody here know anything about collections? I'm trying to give an answer to something I'm not too sure about. I figured he could just send out a notice letter stating his intent to sell the mounts/materials within X days if he does not receive a response pursuant to the written agreement, but I'm not really sure how to answer the question assuming there is no contract in regards to the property already paid for (and presumably "abandoned").


    Background:
    • A taxidermist has performed work for his client. There may or may not be a binding written agreement between the parties, depending on if the below written agreement can be produced. Much of the work has not been paid for, but some has not. The taxidermist has made repeated requests to the client to pick up the completed work and to gather the “raw” materials.
    • The work was performed in Kentucky, and the value of this unpaid work could total at least $50,000. Parties are from Kentucky.
    • There may be a written agreement that states: “By my signature, I approve the work described above. I also acknowledge that there are NO PROMISE DATES GIVEN OR IMPLIED. Mounts not picked up 14 days after notification will be charged $15.00 per mount storage and $5.00 every day thereafter. After 28 days, mounts may be sold for charges due in accordance with Fish and Wildlife laws or the owner may face collection procedures and all charges associated with collection.”
    • There have been repeated requests from the taxidermist to his client to get the completed work as well as the "raw" material. He has stored the mounts/raw material for "years." The taxidermist does not trust the client to pay for the rest of the work. I believe the client is now unwilling or unable to pay.
    1) Can the taxidermist deem the items "abandoned property?"
    2) Can the taxidermist access a storage fee?
    3) Does the taxidermist have to file suit and obtain a judgment? Or can he simply sell the abandoned mounts and raw materials?
     
  17. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    For one, all of this is going to depend on statutes in Kentucky that no one else here is going to know about. But if I was that taxidermist, I'd pay someone to drop all that crap off at the clients house with a bill and be done with it. The dude probably can't pay so it's probably a loss. Taxidermist can start collection proceedings if he wants but probably a waste of time and money. Is there a market for mounted stuff that isn't your kill? If so then he could try to sell it and reclaim some of his losses.
     
  18. wes tegg

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

    I’d be shocked if Kentucky doesn’t have a statute dealing specifically with taxidermists. Start there.
     
  19. MORBO!

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

    In Kentucky it's probably OCKY §1-1-1
     
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  20. ukcats8

    ukcats8 smugapari
    Donor
    Kentucky Wildcats

    It's apparently an animal that was described as the "pinnacle" of big game hunting. I'm guessing there is a market for the mount but he just wants to know before he does that. I researched taxidermy specific requirements & nothing on point. Was more concerned about the written agreement / UCC or federal debt collection stuff.

    Gave my boss a "schmaybe" answer using abandonment / leches case law. Like I have enough time to research this shit.
     
  21. wes tegg

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

    What’s the animal? I’m shocked a single one could be $50k. I was thinking an entire safari’s worth of shit.
     
  22. ukcats8

    ukcats8 smugapari
    Donor
    Kentucky Wildcats

    You're right. It's a collection called Grand Slam of North American Sheep
     
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  23. wes tegg

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

    He’ll pay for it. It costs like $100k to kill a Dall’s Sheep, and it’s extremely difficult to do even then.
     
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  24. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    represent a guy for a wreck in january. he is a former client-we helped him in 2017

    he has 100k of underinsured coverage

    we got all of it last time

    he was pretty adament about not wanting to use his insurance again. his third injection is scheduled for next week so i called him today and was like hey i know you dont want to use insurance, but we dont know the limit of the person who hit you and if you keep going and they have a shitty policy and you are adament about not using your own insurance, then all the money will go to the lawyers and to the doctors and you wont get much if anything

    so i asked him why he didnt want to use it and he was like well my insurance went up

    i asked him how much

    .....$18/month

    was like dude that's not from the wreck thats just a policy getting more expensive.

    he got 70k in his pocket last time.

    these fucking people
     
  25. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    A white, Christian, American male.
     
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  26. Fudd

    Fudd Bail was like a pop fly just to bring my man home
    Donor

    I've been in a courtroom once and that was traffic court 12 years ago, but I have an arraignment and change of plea hearing at SDNY tomorrow. This should be interesting.
     
  27. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    You’ll do fine. And really if you have any questions tell the judge that you’re a young lawyer and they’ll help you out
     
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  28. Fudd

    Fudd Bail was like a pop fly just to bring my man home
    Donor

    I am not a lawyer I am a RiSinG 3l
     
  29. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    Then the judge will 10000000% help you if you ask him/her to
     
  30. Craig Pettis

    Craig Pettis Que será será motherfucker
    Donor
    Memphis TigersTennessee VolunteersSt. Louis CardinalsMemphis GrizzliesMetalPoker

    Even better
     
  31. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    Then just explain to the judge that America was incorporated in the 1880s and therefore as a sovereign citizen the judge has no authority over you.
     
  32. MORBO!

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

    Fuck yea, easy W
     
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  33. pez

    pez Competent
    Staff
    SMU Mustangs

    as a lawyer or a defendant?
     
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  34. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    Snippet of an email we just got from a client

    I can’t wait until I don’t have to do this shit anymore

    855F4523-C008-4D60-A44D-22B2E2DB5BEE.jpeg
     
  35. wes tegg

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

    That’s trying to cut your fee, isn’t it?
     
  36. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    Yep!
     
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  37. wes tegg

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

    :roll:
     
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  38. Z

    Z Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    That sounds like the type of filings I would get in this fairly substantial property case I had a few years ago dealing with a pro se litigant. I would get 70 page filings regularly full of definitions of terms.

    They filed bar complaints against us, filed complaints against the Judge, even did a pro se appeal where they argued with the Court about formatting requirements, and then accused one of the Judges of bias because she shared my last name. (I have never met her in my life, and we are not related).
     
  39. BamaNug

    BamaNug Half is a lie, but the good part's true
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    A very ornery and very rich friend of my parents has hired me like 3x for neighbor/HOA disputes. Incredibly petty, but he's paying me $250/hour. I'm over 60 hours billed YTD for him.

    It's awesome.
     
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  40. bwi2

    bwi2 Not affiliated with BWI
    Donor
    Duke Blue DevilsWashington NationalsArsenalUSA Basketball

    no reply :ohdear:

    RIP Fudd, now the only Federal Courts that can hurt you are the Second Circuit and Supreme Court
     
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  41. Fudd

    Fudd Bail was like a pop fly just to bring my man home
    Donor

    i am interning with a criminal defense firm.

    I may or may not have seen a former NBA player show up to his appearance in high top sneakers
     
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  42. bro

    bro Hey Hermano
    Donor
    Tennessee VolunteersLos Angeles DodgersDenver NuggetsBuffalo BillsBuffalo Sabres

    Well, we filed a trial brief asking the court to not allow her to call rebuttal experts in her case in chief. And only allow them to be called in rebuttal and in response to our expert or evidence.

    well, now plaintiff has filed a “supplemental expert disclosure” where she is now endorsing her rebuttal experts as affirmative experts. 3 weeks before trial. Will have to file a motion to strike tomorrow. Should be a slam dunk, but I’m sure we will lose.


    This is more or less what happened to us in that shitty April 2022 case where the trial got continued until next February. And the court let the experts in. Same fucking rural county. Different judge, but expecting the same result
     
  43. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    That would never fly here but even if the trial court let them in the appellate court definitely wouldn't . One thing you have going against you is the element of prejudice. You knew these experts were going to get called for a while, not a ton of prejudice.
     
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  44. bro

    bro Hey Hermano
    Donor
    Tennessee VolunteersLos Angeles DodgersDenver NuggetsBuffalo BillsBuffalo Sabres

    right, and prejudice is what they always fall back on. We've only known for a month, but you shouldn't get to move around your rebuttal and affirmative experts less than 3 weeks before the trial. The stuff the rebuttal experts opined on has been available to them since 2020. Affirmative experts were February 2022. Gonna be real sick and tired if this shit keeps happening. Probably gonna let my frustration leak into my motion to strike today. Eventually a trial court out here has to give a fuck about the timing laid out in the rules. it isn't that hard to have your ducks in a row in time for affirmative expert disclosures. It isn't like anything changed from February to April. She just didn't get a good affirmative opinion
     
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  45. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    Kind of want

    4C1F6BC0-D733-476D-A0E7-D9E2415CB457.jpeg
     
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  46. Oranjello

    Oranjello Well-Known Member
    Donor
    Green Bay PackersGrateful DeadMississippi Rebels

    That car wrapped in something like this
    [​IMG]


    =

    :getmoneyfuckbitches:
     
  47. CoastalOrange

    CoastalOrange Well-Known Member
    Donor
    Clemson TigersTennessee VolunteersBarcelonaUnited States Men's National Soccer TeamLiverpool

    Dealing with other in-house counsel who attempt to explain what a contract is (or the point of one) as well as attempting to explain other items like I'm in HS (ex Force Majeure) is obnoxious and the reason people hate attorneys.
     
  48. harvey birdman

    harvey birdman Ha ha! Last laugh.
    Donor
    ArsenalFlorida Gators

    My annoyance is dealing with attorneys who don’t understand what the business purposes of the contract are. So many in house attorneys seem to never speak to their business units before drafting and discussing agreements.
     
  49. CoastalOrange

    CoastalOrange Well-Known Member
    Donor
    Clemson TigersTennessee VolunteersBarcelonaUnited States Men's National Soccer TeamLiverpool

    In fairness, I constantly deal with business people who have no idea what they want and even if they do have an idea? It constantly changes. I'm dealing with that right now on a licensing agreement. It's morphed so many times I can't keep up. The current issue is that it contains commercial terms and the other party doesn't like that (and I specifically recall telling our people to NOT try and put commercial terms in the document).
     
  50. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    Served a notice of intent on two doctors at the Miami VA out of an abundance of caution the other day. I didn’t want the feds to wait 6 months before telling me that they are independent contractors. Then yesterday I served the Form 95 on the appropriate people to get the FTCA ball rolling. Coincidentally, I got a call from a VA lawyer based in Ohio today letting me know she got the state-required notice of intent and asking me to withdraw it since the docs are VA employees. I told her about the Form 95 I just mailed and she told me to just send it directly to her and she’ll consider it properly served so the 6 month clock can start ticking. I hope the rest of the case goes this smoothly.
     
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