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

    are you still doing insurance defense work on top of the plaintiff work?
     
  2. (Z)

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

    Tegg was always a pretty Plaintiff friendly defense lawyer.
     
  3. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    Negative, probably about 75% PI work and then 25% with my own firm helping small businesses with liability waivers, simple contracts, all-purpose shit. Lots of navigating LLC world.
     
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  4. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Recorded an insurance adjuster in a bad faith UM case admitting to a super shiesty evaluation of the case but the recording is so faint you can barely hear it , I screwed it up :facepalm:
     
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  5. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    Is MS a one-party consent state??
     
  6. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    yes
     
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  7. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    a lot of times we record it , then transcribe it, then attach that to the bad faith pleadings and briefing. Have this guy admitting that even after like 5 months of trying to get a decent offer in a UM case he's at $2000 in general damages on 8 months of treatment and that prior to last week they had reduced the meds to below the claimed meds due to "customary and reasonable" medical charges and that after I sent him a letter he determined that it is in fact BS to try to claim that . But he still thinks $2,000 in general damages is fair and reasonable.
     
  8. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I don't know if anyone else uses Speak Write but it's great for transcribing dictation. It's relatively cheap and has a fast turn around time. I also use the brain toss app a ton for reminders and tasks.
     
  9. wes tegg

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

    Does anyone practice in Iowa or Nebraska? I’ve got a question about a lawyer there.
     
  10. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    Slip and fall case on a really shitty parking lot, pretty clear liability. File suit.

    Client just informed us that immediately prior to the accident she and her husband were at a bar "for several hours with friends."

    cool cool cool
     
  11. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    Did they draw blood work at the hospital?
     
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  12. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    No. But she was responding to discovery about alcoholic drinks in the 12 hours prior and just informed us of this fact.
     
  13. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    Is there an offer on the table?
     
  14. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    The accident occurred right on the property line, so we sued both Defendants, they're pointing the finger at each other. Have a decent-to-below-average offer from one Defendant, nothing from the other.

    Going to try and get client to accept that offer immediately.
     
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  15. wes tegg

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

    Was it the bar’s parking lot? It’s foreseeable that people who have been drinking will walk into the bar’s parking lot. They should be even *more* careful.
     
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  16. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    No, like 5 miles away. So not only were they probably drunk, they drove from the bar to a convenience store to get ice to go fishing the next morning, then fell.
     
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  17. Name P. Redacted

    Name P. Redacted I have no money and I'm also gay
    Donor
    Kansas State WildcatsSeattle Kraken

    Why
     
  18. wes tegg

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

    Did she fall because she was drunk?
     
    #20468 wes tegg, Nov 10, 2023
    Last edited: Nov 10, 2023
  19. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    So, uh, how are they going to prove she was drunk? Have you explained to the client that maybe they have their days mixed up?
     
  20. buy_dont_lease

    buy_dont_lease Ha ha ha. What a story, Mark.
    Donor
    Texas AandM Aggies altTexas RangersDallas CowboysTottenham HotspurDallas Mavericks alt

    No, she fell because the owner of the lot, who is unequivocally known, knew or should have known of an unreasonably dangerous condition of the premises, failed to warn of or repair said condition, thereby causing her injuries and damages.
     
  21. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    i have one where my client was cited for a dwi on the police report. he was never actually charged, wildly, so obv not admissible. i'm guessing the adjusters will never get over that fact so it will end up in a trial.
     
  22. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    They definitely can't, I guess. I'm still inflicted with defense lawyer brain and they're going to pound that fact.
     
  23. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    Did she ever tell you how many beers she personally consumed during that time? You could just say, “Mrs. X consumed two beers within 24 hours of the incident, but was not impaired at the time it occurred.”
     
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  24. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    No, I just emailed her back asking for details. All she said was "we were at a bar with friends for a few hours before"
     
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  25. BUstang

    BUstang Lawyer

    Does not seem admissible unless they can prove consumption + some level of impairment through other evidence which would be impossible at this point.
     
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  26. BUstang

    BUstang Lawyer

    Edit: I'd start depo prepping the friends she was with.
     
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  27. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    Best argument is that if she was hammered the ER staff would have noted that she smelled of ETOH.
     
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  28. MORBO!

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

    Make sure none of her friends posted photos and shit on social media. If they did, it needs to come down.
     
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  29. Bricktop the white

    Bricktop the white Well-Known Member


    I’m dealing with a slip and fall right now where liability would be a slam dunk if not for the ETOH ems note
     
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  30. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    Thanks my dudes :respek:
     
  31. electronic

    electronic It’s satire!
    Donor
    Georgia BulldogsSeattle MarinersCharlotte FC

    Can't wait to hear how her deposition goes!
     
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  32. electronic

    electronic It’s satire!
    Donor
    Georgia BulldogsSeattle MarinersCharlotte FC

    Gonna have to narrow down which "why" you're asking about.
     
  33. Name P. Redacted

    Name P. Redacted I have no money and I'm also gay
    Donor
    Kansas State WildcatsSeattle Kraken

    What part of the maya case warranted that sum of money? Seems like a lot to a layman
     
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  34. electronic

    electronic It’s satire!
    Donor
    Georgia BulldogsSeattle MarinersCharlotte FC

    The part where they separated a sick adolescent from her mother legally for months despite confirming that the treatment at question was recommended by an independent doctor, causing the child's mother to kill herself.
     
  35. Gotch Yarbrough

    Gotch Yarbrough Canada eh?
    Donor

    I'm not an attorney and most likely won't be able to help much assuming it's a PI or insurance defense guy, but I'm in Iowa and worked with/against a fair number of attorneys/firms in my time in tax controversy and HNW estate planning. Happy to take a shot if you don't have any better resources.
     
  36. Bricktop the white

    Bricktop the white Well-Known Member

    a mother killed herself because a hospital stole her baby.

    the moment the morons let that get in front a jury, it was over
     
  37. wes tegg

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

    Disagree. That’s a great perjury trap. Just prepare them for it and own it. You’re not allowed to have hazardous conditions just because someone has been drinking.
     
  38. Brandon Chicken

    Brandon Chicken Chow Time
    Donor

    “Our parking lot is only safe for sober people” is probably not the best defense.
     
  39. Gallant Knight

    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    Nug you should refer this drunk slip and fall to tegg. Seems like he’s champing at the bit for it
     
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  40. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    I'm the best looking TMB lawyer, so maybe we can slap my face all over the US and I can just be a referral lawyer to all you guys that actually practice
     
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  41. electronic

    electronic It’s satire!
    Donor
    Georgia BulldogsSeattle MarinersCharlotte FC

    “I got housed all afternoon and then fell, it’s the ground’s fault” is similarly not great.
     
  42. wes tegg

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

    Correct. And make a corporate rep say that.
     
  43. MORBO!

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

    I’m not terribly fond of that route if you’re putting this in front of a jury but I’m a lowly WC guy.
     
  44. wes tegg

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

    Once I get a few more verdicts I’m going to write a book called “Earn Your F*cking Fee” that tells plaintiff’s lawyers how to handle disputed liability cases then charge them $300 for it and $3500 for my seminars.
     
  45. Brandon Chicken

    Brandon Chicken Chow Time
    Donor

    Of course we have a duty of care. But not to everyone.
     
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  46. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    It's not illegal to walk around while intoxicated.

    It's a good case because there's a huge lip that was paved over and very obviously neglected.

    I'll keep everyone updated on this tittilating matter
     
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  47. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    I don't disagree with that thought process, but I'm all about earning as much as I can while working as little as I can. I'm in a pretty good spot in that regard, but notice myself getting more frustrated than I should when I actually have to lawyer.
     
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  48. CF3234

    CF3234 Fan of: Bandwagons
    Donor TMB OG
    Miami HurricanesMiami MarlinsMiami DolphinsFlorida PanthersTiger WoodsInter Miami CFGame of ThronesMiami Heat

    Looks like I’m going to trial again on Monday. Hoping for a settlement tomorrow. Really don’t want to watch the UM v. FSU slaughter sober.
     
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  49. electronic

    electronic It’s satire!
    Donor
    Georgia BulldogsSeattle MarinersCharlotte FC

    Walking drunk isn’t exercising reasonable care for your own safety, imo.
     
  50. Nug

    Nug MexicanNug
    Donor
    Alabama Crimson TideSeattle MarinersAtlanta BravesNew Orleans Saints

    Eh, I don't think that argument will get much traction outside of like Utah or something.
     
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