Lawyer thread

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

  1. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Oh yah and I askd him the question about whether he'd sign up to sit in a golf cart and let me crash into him at 10 mph. He said he would it wouldn't be that bad. Then he went on to say he's had a prior back surgery. Then he admitted he wouldn't want me to crash into him lol. And later admitted it wouldn't be good for a person with preexisting back issues to sit in a golf cart and let someone crash into them at 10 mph in another golf cart.
     
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  2. BUstang

    BUstang Lawyer

    I really hope you find a cartoon of a umpire and poorly photoshop a person (defendant) handing him money as a demonstrative. I cannot believe he said that.
     
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  3. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosAston Villa

    Why would you want them to strike anything? Seems like just playing this entire deposition will be gold for you.
     
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  4. Nug

    Nug CanadianNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    Has anyone actually had to go through the arduous process of executing a default judgment?
     
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  5. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    That's always an option.
     
  6. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    You mean getting the default or executing on it?
     
  7. Nug

    Nug CanadianNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    We have the default and the judge's signed order on the sum-certain. Now have to go after the tortfeasor.

    In WA looks like you have to attempt to execute on personal property (working with sheriff's office and entering premises), then real property, then bank garnishment, then wage garnishment. Is this usually farmed out?
     
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  8. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    fuck yes. doing all of that is awful. have you ever sat in a room with a defendant at a judgment debtor exam and started asking them what their assets are? They are about ready to shank you. It's absolute misery. Enroll the judgment in any counties where they own anything worth a shit then find a good collections firm and move on to more fruitful stuff.
     
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  9. Oranjello

    Oranjello Well-Known Member
    Donor
    Green Bay PackersNew Orleans SaintsGrateful DeadMississippi Rebels

    A contract (governed by DE law) grants a party rights “after the Closing Date and during the Defined Period.” Do you all interpret the “and” as being a conjunctive that requires both statements to be true? So that if the Closing Date has occurred but we’re not in the Defined Period, then the party’s rights have not arisen/ripened?
     
  10. herb.burdette

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

    Probably needs more context, but each state generally has case law on the use of conjunctive “and”’and disjunctive “or”.
     
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  11. Oranjello

    Oranjello Well-Known Member
    Donor
    Green Bay PackersNew Orleans SaintsGrateful DeadMississippi Rebels

    Was hoping the TMB brain trust had an answer on hand
     
  12. herb.burdette

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

    It’s presumed conjunctive in most states.
     
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  13. Oranjello

    Oranjello Well-Known Member
    Donor
    Green Bay PackersNew Orleans SaintsGrateful DeadMississippi Rebels

    Figured that was probably the case just haven’t had a chance to look into and was thinking about it while walking the dog.

    This is a highly negotiated Delaware LLC agreement that was reviewed by multiple law firms. Suspect case law will support the conjunctive.

    Unwinding deals is fun
     
  14. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I don’t understand why this defense lawyer did not attempt to get the commercial vehicle driver to answer the discovery that I propounded to him. Even if he’s in prison. You still represent him. I wonder if they even presented it to him. Him being in prison doesn’t obviate your attorney/client duties.
     
  15. Angry Dolphin

    Angry Dolphin In that cool mountain air on a appalachian trail
    Donor

    If a "friend" was facing drug possession charges in Fl, what would it mean to have 2 court dates. First for "plea day" and 2nd for "CF Pretrial"
     
  16. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Didn’t get shanked in prison today. He was in a jumpsuit. They didn’t shackle his hands. The guard walked off and wasn’t nearby. When I handed him a pen to mark where the wreck occurred on an exhibit I was mildly worried. He’s currently in for aggravated assault and manufacturing a controlled substance. And this was like his 4th prison sentence.
     
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  17. SenatorClayDavis

    Donor

    Has the "friend" already been arraigned? Which county?
     
  18. (Z)

    (Z) Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    LOL.

    You need to do some criminal work.
     
  19. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I get it. But obviously there’s a difference when you are adverse and cross examining them.
     
  20. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    This guy friended me at some point. He’s out of LA and considers himself an “influencer” as an attorney. He does these kind of posts all day every day.
    B2AA9D4D-AB9C-4C68-8B2E-842F774E7B61.png
     
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  21. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    What a douchebag.
     
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  22. Sammy Meatballs

    Sammy Meatballs Pete Gelding
    Donor
    Alabama Crimson TideArsenal

    It’s the opposing counsel tears mug that does it for me.
     
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  23. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Got in a debate yesterday with my partner about getting your client to testify at trial on general damages and pain and suffering. I dont't do it. KTI pretty much says don't do it. They come across as so whiny. I get it all through before/after witnesses. Does anyone in here have their client extensively testify to their own pain and suffering and how an injury has impacted their life ?
     
  24. wes tegg

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

    Yes. Absolutely.
     
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  25. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    You have to at least get them to discuss how the accident impacts their day to day life. Your B&A witnesses can put a finer point on it and talk about how they’ve become a differ person, but I think the jury needs to hear something straight from your client.
     
  26. wes tegg

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

    Yes. I did local counsel work for a locum tenens company domesticating and executing judgments. Most were defaults. I got all the way to auctioning off a medical office building once. They ultimately came up with the money. Most of it was garnishing bank accounts. It was pretty fun work.
     
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  27. wes tegg

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

    Agreed. You just prep them to not be whiny. Explain how they’re trying to live a normal life and the accommodations they have to make because of the injury. Obviously it depends on the client and injury, but I think the jury needs to hear that from them.
     
  28. Angry Dolphin

    Angry Dolphin In that cool mountain air on a appalachian trail
    Donor

    Yes, plead not guilty. Walton.
     
  29. (Z)

    (Z) Well-Known Member
    Donor
    Alabama Crimson TideBoston Red Sox

    To some extent. But half the time they are insane.

    I've left court to see someone before, and they've told me to take my tie off so it wouldn't be so easy to strangle me. :laugh:
     
    #19629 (Z), Aug 25, 2023
    Last edited: Aug 25, 2023
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  30. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    Have a case involving a doc in a box urgent care clinic where they totally blew the diagnosis of diabetic ketoacidosis in a 21 year old kid who died of diabetic shock 48 hours later. Based on the questions to my experts, the defense appears to be a combination of:

    1. how can you be sure it wasn’t AIDS? (Needless to say, there is less than zero evidence of HIV/AIDS)
    2. Isn’t it really the kid’s fault for no reporting his classic diabetes symptoms to the doctor?
    3. How do you know it was ketoacidosis and not this other condition caused by undiagnosed diabetes? (Still trying to grasp the logic on that one)
    4. Well, the doctor did tell him to go to the ER if he got worse. Why didn’t he do that?!?!
     
  31. herb.burdette

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

    We are renovating the floor of offices where I am. I have to pack everything for a 9/8 move.

    I would rather open a window and dump everything.
     
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  32. Sammy Meatballs

    Sammy Meatballs Pete Gelding
    Donor
    Alabama Crimson TideArsenal

    Life hack: don’t pack. They’ll want to renovate it and they’ll pack it for you. Or they’ll throw it out the window and save you the heavy lifting.
     
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  33. herb.burdette

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

    I’ve been in this office since 2015 and have over 30 active files. It’s terrible.
     
  34. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I'm surprised you only have 30 active files.
     
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  35. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Just fired our digital marketing company. This happens about once every 3 years. And they get more and more expensive each time we get a new one.
     
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  36. wes tegg

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

    Just fired off a time limit demand in a TBI case and am praying they blow it.
     
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  37. Daniel Ocean

    Daniel Ocean I only lied about being a thief
    Staff Donor TMB OG
    UCLA BruinsDenver BroncosLos Angeles KingsSneakersBook Club

    Quick law question.

    if someone is living with their elderly parents and tries to get their boyfriend to move in but the homeowner doesn’t want that individual to move in what can the homeowner do to get that individual (the BF) removed?
     
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  38. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    “Fired off a time limit demand in a TBI case” is a really odd way of saying you whipped your dick out.
     
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  39. bcuga

    bcuga Administrator
    Staff Donor TMB OG
    Georgia BulldogsAtlanta BravesAtlanta HawksAtlanta Falcons

    Has anyone ever paid a deposit for surgery, but post surgery the insurance company paid the invoice and you are now owed your deposit back?

    In hindsight it was dumb to pay the deposit but I had no medical claims and the deposit was less than my deductible at the time of payment.

    I have been trying for two months to get money returned and the doctor office is jerking me around about it by not saying they will pay, not paying, not returning calls, etc. Patience is running thin and thinking about small claims court now.

    Was curious if anyone had any advice?
     
  40. bwi2

    bwi2 Not affiliated with BWI
    Donor
    Duke Blue DevilsWashington NationalsArsenalUSA Basketball

    Is this in California, or, say, Texas or Florida?
     
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  41. Daniel Ocean

    Daniel Ocean I only lied about being a thief
    Staff Donor TMB OG
    UCLA BruinsDenver BroncosLos Angeles KingsSneakersBook Club

    California
     
  42. bwi2

    bwi2 Not affiliated with BWI
    Donor
    Duke Blue DevilsWashington NationalsArsenalUSA Basketball

    then probably need to call the police to enforce a trespass instead of shooting the BF
     
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  43. Daniel Ocean

    Daniel Ocean I only lied about being a thief
    Staff Donor TMB OG
    UCLA BruinsDenver BroncosLos Angeles KingsSneakersBook Club

    Thank you. I’m trying to get in resolved without violence by police or me. I’m just afraid that it’s going to get to that point.
     
  44. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

  45. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    If my dude was so successful, he wouldn’t be the one doing the work on a Friday night.
     
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  46. Fudd

    Fudd I bring terror like Stephen King
    Donor

    Ya boy has been added as an expert service provider by the Second Circuit lmao

    it sounds really fancy until you hear what I’m an expert in.
     
  47. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    Bofa deez?
     
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  48. herb.burdette

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

    I set a trial last week for August 2024 with 35 trial witnesses and three weeks of trial time. The case was filed in 2018.
     
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  49. Fudd

    Fudd I bring terror like Stephen King
    Donor

    how did you even guess?

    I will be providing expert testimony on testicles
     
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  50. Oranjello

    Oranjello Well-Known Member
    Donor
    Green Bay PackersNew Orleans SaintsGrateful DeadMississippi Rebels

    Helping a client on a small deal and I learned some new facts yesterday that allow me to structure things so my client gets paid cash tax free (prior to learning the new facts, the cash was fully taxable). Spent all day trying to convince the other side that it’s cool. Tell my client “hey I’ve got a way that’ll hopefully let you avoid paying any tax on these 7 figures of cash” and he literally DGAF. Didn’t say a single word—positive or negative.

    :feelsbadman: