Lawyer thread

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

  1. Chumbolone

    Chumbolone Wigglin’ my toes on a mink rug…
    Indiana HoosiersNotre Dame Fighting IrishChicago CubsIndianapolis Colts

    I’m fucking dreading this. I really don’t want to even be present in front of a judge if possible because it just looks so goddamn bad on paper/in person, douchey middle aged privileged white guy who habitually speeds doing super dumbshit in a Porsche at 1am. I was going ~30mph faster than Jayson Werth and he got ten days in jail. Fuuuck.
     
  2. bwi2

    bwi2 Not affiliated with BWI
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    what county?
     
  3. Sean Connery

    Sean Connery I'll take Whore Ads for $200
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    Penn State Nittany LionsUCF KnightsOrlando MagicTampa Bay BuccaneersPittsburgh PenguinsPittsburgh PiratesBig Ten Conference

    I can only speak as to Florida, but you might be able to have a local attorney file a waiver of appearance for you and work out a deal. This info doesn’t really give you an answer, but in FL a defendant does not need to be present for a misdemeanor plea. Super common when I spent 2 years at the State. VA might have something similar. Either way, it would be wise to hire a someone to handle this and they’ll guide you.
     
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  4. Name P. Redacted

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

    Dumbass
     
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  5. electronic

    electronic It’s satire!
    Donor

    Virginia is specifically an incredibly punitive state for speeders. They are an extreme outlier.
     
  6. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    You are worried about jail time and seem to have at least some money, I don't understand why you didn't retain a local criminal defense attorney in the jurisdiction already. It's not a simple speeding ticket. You don't want a major violation on your criminal background that will haunt you later. This is a no brainer. Get a lawyer and get this handled.
     
  7. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
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    Alabama Crimson TideArsenal

    why would you get a laywer when you can get a whole thread of lawyers
     
    Lip, Xander Crews, billdozer and 14 others like this.
  8. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    He meant a good one.
     
    Lip, bigred77, CoastalOrange and 11 others like this.
  9. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
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    Alabama Crimson TideArsenal

    We have BUstang
     
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  10. Chumbolone

    Chumbolone Wigglin’ my toes on a mink rug…
    Indiana HoosiersNotre Dame Fighting IrishChicago CubsIndianapolis Colts

    It happened Thursday morning, I sent out emails and got some replies today, I am getting one. Just stressed from the things I’ve read on Reddit, etc. it seems like those things don’t really matter once you go past triple digits, will be making my 60 Days In debut regardless.
     
  11. Gallant Knight

    Gallant Knight Fat Neck
    Donor
    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    How many prior speeding tickets do you have?
     
  12. GoodForAnother

    GoodForAnother a cracked polystyrene man
    Staff Donor TMB OG
    Kansas State WildcatsKansas City RoyalsKansas City ChiefsSporting Kansas CityTottenham HotspurBig 8 ConferenceBig 12 ConferenceCoors LightFormula 1

    inspected a car in Atlanta about 8 years ago destroyed by someone who was doing about 130 and their hair and brains were still embedded in the windshield. they also killed a teenager

    hire a lawyer to figure it out and next time you want to drive that fast pay to drive on a track please
     
    Lip, billdozer, Chumbolone and 5 others like this.
  13. Chumbolone

    Chumbolone Wigglin’ my toes on a mink rug…
    Indiana HoosiersNotre Dame Fighting IrishChicago CubsIndianapolis Colts

    1 in the last five years and 4 more going back ten years.
     
  14. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Has anyone ever had a personal injury client nit pick the release regarding things like
    -A specific dollar amount for confidentiality needs to be included that is ok'ed by their CPA
    -Confidentiality clause needs exceptions for common law husband and CPA
    -The title of the document should not include the terms confidentiality and non disparagement
    -concern that the confidentiality portion will make the settlement taxable
    -and tons of other changes/edits.

    This is a first for me.
     
  15. Gallant Knight

    Gallant Knight Fat Neck
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    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    Going through this now with a boilerplate 1 page release from nationwide. The worst.
     
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  16. CF3234

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

    Not personal injury, but I just went through this with a home insurance client. The absolute worst.
     
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  17. wes tegg

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

    Do you even Rodman case, bro?

    https://www.findlaw.com/legalblogs/...dentiality-clauses-and-settlement-agreements/

    I always add language that makes it clear that no other consideration is paid for confidentiality beyond the parties’ mutual promises of confidentiality.
     
    colonel_forbin likes this.
  18. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

  19. Gallant Knight

    Gallant Knight Fat Neck
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    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    Love putting on shirt, jacket, tie and to get on a zoom docket call at 8:00 and then it’s just a screen saying hey email us

    Thanks judge
     
    MORBO! likes this.
  20. Gallant Knight

    Gallant Knight Fat Neck
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    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    Adjuster offers $45k on a slip and fall with the caveat that she needs to confirm with her client. I said ok cool send it in writing and I’ll get with my client.

    two weeks go by and radio silence.

    then she emails today and offers $5k

    Guessing I’m out of luck?
     
    BUstang likes this.
  21. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    yah you arent getting that settlement enforced
     
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  22. Gallant Knight

    Gallant Knight Fat Neck
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    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    Figured. Just so scummy from that adjuster

    about to make them spend $500k defending this case
     
    Lip, billdozer, CoastalOrange and 2 others like this.
  23. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Hey this circuit judge in Mobile County is pretty cool. Her pre trial order says "
    As a general rule, this Court highly disfavors unsupported “boilerplate”
    objections such as the request is irrelevant, vague, ambiguous, overly broad, unduly
    burdensome, or unlikely to lead to the discovery of admissible evidence. Objections to
    a discovery request must be specific and supported by detailed explanation of why the
    discovery request is improper. Ex Parte Dorsey Trailers Inc., 397 So. 2d 98 (Ala. 1981).
    Further, answering a discovery request subject to or reserving a general objection will
    be deemed a waiver of that objection. See Wright, Miller & Marcus, Fed Prac & Proc,
    Civil §2173 (“A voluntary answer to an interrogatory is also a waiver of the objection.”)."
    Fucking right judge.
     
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  24. Gallant Knight

    Gallant Knight Fat Neck
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    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    My favorite is when dickhead defense lawyers object to who is answering the interrogatories

    like who hurt you bruh
     
    RJF-GUMP likes this.
  25. harvey birdman

    harvey birdman Ha ha! Last laugh.
    Donor
    ArsenalFlorida Gators

    This is how Florida courts work. Or at least how they are supposed to.
     
    wes tegg and RJF-GUMP like this.
  26. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
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    Alabama Crimson TideArsenal

    supposed to
     
  27. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
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    Alabama Crimson TideArsenal

    There’s some clowns here that start off with what they label “prophylactic objections” that go on for 2 pages

    we have a few judges with good standing orders but there’s only a handful
     
  28. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
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    Alabama Crimson TideArsenal

    I also just got back some responses where I cited to specific bates numbers where the documents were mentioned and they gave me nothing but objections about vague, etc.
     
    Gallant Knight likes this.
  29. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Challenge them to a fight
     
  30. electronic

    electronic It’s satire!
    Donor

    I also don’t understand plaintiffs who incorporate everything by reference in every count of their complaints. I’ve never seen that become an issue anywhere ever.
     
  31. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Always have to keep the foot on the gas at the end of the year cause you have all these random expenses at the end: Christmas bonus, Christmas Party, and staff continues to get paid over the holidays even though no one is working. Adds up fast. Feel like staff and lawyers want to just chill this time of year but the mindset needs to be the opposite.
     
    Gallant Knight likes this.
  32. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    lol every time I draft a complaint and incorporate preceding paragraphs by reference I wonder why I'm doing it. I should just stop doing it.
     
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  33. electronic

    electronic It’s satire!
    Donor

    IMG_8400.jpeg
     
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  34. Gallant Knight

    Gallant Knight Fat Neck
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    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    I’m not sure what the line is on being terrible to adjusters before a bar complaint is filed but I’m trying to go right to the edge of whatever that is
     
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  35. MORBO!

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

    Mediating a case via zoom right now and it’s a fucking disaster.

    The plaintiff’s attorney scheduled two mediations at the same time and is bouncing back and forth between conference rooms where he has both of his clients. Half the time I come back and there’s an empty chair there. I just sit there and wait until someone comes back.

    He kicked me out at a point to talk to his client and spent an hour coming up with a proposed bracket.

    I don’t know how some of these attorneys can do shit like this without feeling like total pieces of shit.
     
  36. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
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    Alabama Crimson TideArsenal

    I like the people in Georgia who file super detailed complaints that are nothing but a potential land mine to step on when your client says something slightly different

    it’s notice pleading, some people just love to try to look smart
     
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  37. harvey birdman

    harvey birdman Ha ha! Last laugh.
    Donor
    ArsenalFlorida Gators

    I think incorporating the stuff before the counts is fine although unnecessary. Incorporating the previous counts as well is ridiculous though.
     
  38. CF3234

    CF3234 Fan of: Bandwagons
    Donor TMB OG
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    I’m gonna disagree. Holiday season is the time to slack off a little bit and let everyone recuperate from a long year. Then Jan 1 hits and it’s back to 100 MPH
     
  39. Bricktop the white

    Bricktop the white Well-Known Member

    The guy I took over for has an absolute immunity to feeling shame and seemingly an immunity to being punished for malpractice.

    This job must be a breeze if you simply never feel pressure because you don’t care about your clients or complying with court orders
     
    ARCO, Gallant Knight, BUstang and 2 others like this.
  40. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    For med mal, I actually file detailed complaints because it’s stuff my clients wouldn’t know about anyway (timing of tests, vitals, blood work, etc.), I use the complaint as my de facto chronology, and it sets up the insurer better because they can’t claim they were unaware of some important fact. It’s less of an issue for me anyway, though, since all that information is already out in presuit.
     
  41. Sammy Meatballs

    Sammy Meatballs DeBoer on the Floor
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    Alabama Crimson TideArsenal

    med mal is very different.
     
    Gallant Knight likes this.
  42. Gallant Knight

    Gallant Knight Fat Neck
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    Arkansas RazorbacksHouston AstrosRice OwlsAston Villa

    My facts section for car wreck cases is:

    On X date plaintiff was traveling in Harris county, Texas. Defendant caused a collision. As a result of the collision, plaintiff suffered bodily injuries.
     
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  43. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    One of the smartest/best med mal lawyers in the state files med mal complaints that shock me due to their simplicity. I thought you had to put all this detail into them. Saw his complaint and just had to laugh.
     
  44. herb.burdette

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

    I have a federal PFAS contamination complaint alleging private and public nuisance that I am reviewing for coverage that is 136 pages long.
     
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  45. El Tiburon

    El Tiburon Well-Known Member
    Donor
    Florida Gators

    I’ve seen it both ways. A good friend and very successful med mal plaintiff’s lawyer drafts the world’s shittiest and most sparse complaints. Other guys who are just as successful write War and Peace level complaints. Like I said before, I mostly wrote mine for my own reference.
     
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  46. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Agreed. Another one of the top med mal lawyers in the state writes a much longer complaint. I air on the side of longer complaints in med mal out of an abundance of caution.
     
  47. Oranjello

    Oranjello Well-Known Member
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    Friend who left my firm for a competitor texted yesterday asking if I wanted a referral. I asked why wasn’t his firm taking it, and he said that his partner determined the potential client didn’t seem sophisticated enough because the potential client googled “lawyer” and emailed an associate that passed the bar like a month ago. I laughed and said sure wtf I’ll talk to the guy, give them my name.

    Today I learned a lesson that my friend’s partner already knew. What a waste of 50 minutes (from 5:20-6:10pm, no less).
     
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  48. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Question regarding Case Management System Software: I think a task flow for depositions would be huge. Of course the only way the CMS knows if a deposition has been scheduled is if a paralegal somehow does something within the CMS to trigger the CMS to know that. Maybe when it gets scheduled that happens? Maybe when it somehow knows when it is noticed? For activity/event specific tasks flows such as depositions, or depositions of treating physicians....how does a staff member trigger the CMS to know that event is occuring such that it populates task flow checklists and reminders? I have this long checklist for treating doc depos but I think my paralegal never uses it and its up to me to reminder her to look through it . But if the CMS was automatically populating reminders and tasks flows she'd use it.

    For example: My paralegal recently forgot to put a depo of a fact witness on the calendar. Also never asked me before the depo if I needed anything for the depo-any documents to print, a file to put together. If we had an automatic task flow that was triggered by that depo being noticed or set , then she likely would have done all those things. Or there is way less of an excuse if she doesn't. This is just one example of one task/event where auto generated task flows would be a game changer . I just don't know how they are triggered.

    Are yalls CMS doing this for you? I believe filevine has the ability to do this.
     
  49. colonel_forbin

    colonel_forbin Well-Known Member
    Donor

    Adopting and incorporating all previous paragraphs is grounds for dismissal, at least in federal court.

    Simple case = simple pleading

    However, I recently filed a very long, very detailed complaint with extensive factual background and cited a whole lot of law, basically a brief, because I figured I’d get hit with a MTD. Defense lawyer called me and said that his client normally makes him file a MTD for any similar claim, but he told them they had no shot at winning it and to just skip it and answer it. So detailed complaints can have a place depending on the situation.
     
  50. (Z)

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

    Same. When I first started I would start listing specific injuries, and at some point realized what on earth am I doing.