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

    I have a chiropractor refusing to give the MR/MB unless we give them an LOP. My client has health insurance. Make me want to fire off a letter saying I will sue them if they don't send them. It's not some chiro I refer clients to or anything. This is an asinine approach by them imo
     
  2. Nug

    Nug MexicanNug
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    How often do yall cut fees on sub-$50K cases? I've been doing it more than I like lately because I think my clients are being fucking stupid and we'll get less if we move forward with lit
     
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  3. Gallant Knight

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    Relatively often. We waive expenses on pretty much all pre lit cases too
     
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  4. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    all the time
     
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  5. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Med mal allergic reaction case is set for trial in January. As I litigated the case, the facts , evidence, and medicine just didn't come together very well and the damages were nowhere near what I thought they'd be. I should have punted on it from the get go. We have $27k into it. Will be $50k after trial. Called OC and asked them if they could do $50k, I'd waive my attorney fee all together, and try to put $10k in my clients pocket. They said $15k was the best they could do and basically told me to eat shit. I think it's like 60% chance of defense verdict. It's a bench trial. You never know, I could get a verdict and at least recover some of the expenses back. At this point going to just gear up for war and give it hell
     
  6. Daniel Ocean

    Daniel Ocean I only lied about being a thief
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    Does anyone have any connections, contacts or experience with evictions in California? Plaintiff side?
     
  7. CF3234

    CF3234 Fan of: Bandwagons
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    Well one of my clients has committed a little light fraud.

    Settled her case for 60k in her pocket. She spent $2500 on patchwork repairs and now wants to pocket the rest. Asked us if we thought that was ok. UGH no it's not and when you have another claim in the future, don't call me.
     
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  8. Oranjello

    Oranjello Well-Known Member
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    I'm continually impressed at how WLRK, K&E, etc. can be so extremely aggressive on positions so relatively minor that, if I were preparing the first draft of the document, it would not even cross my mind to be so aggressive. On the one hand, even though it's impressive it's a wee bit annoying, but on the other it creates billable hours for multiple other law firms, so they're almost doing everyone a favor.

    Kind of like you PI guys letting the defense lawyers bill some hours before you start talking numbers.
     
  9. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    update : I did a four hour focus group today during which I spent an hour on the only fans case. I gave them the whole case, but also gave them what the defense is saying and showed them the notorious videos and content. They said they didn’t really care and if the lady wanted to dance shortly after being in a wreck that doesn’t mean she’s not hurt , you can’t let an injury or wreck ruin your life and get in the way of things you like to do . The stuff the defense thinks is so awful, they didn’t care.
     
  10. herb.burdette

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

    I once had attorneys from Morgan Lewis move to strike my appellate brief because I put all case citations in footnotes in 10 point font. Their basis was that I violated page limitations.

    They submitted an Exhibit A to the motion, where they re-drafted my brief with footnotes in the text at 12 point font, 38.5 pages instead of 35.

    They neglected to review the standing order of the chief judge on our three judge panel, which required the brief in the format I wrote it.

    He wrote a published decision, making fun of both sides.

    https://www.supremecourt.ohio.gov/rod/docs/pdf/1/2006/2006-Ohio-6194.pdf
     
  11. Brandon Chicken

    Brandon Chicken Chow Time
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    This is great.
     
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  12. colonel_forbin

    colonel_forbin Well-Known Member
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  13. Brandon Chicken

    Brandon Chicken Chow Time
    Donor

    When I was still at your firm I did a lot of work for some of the big government contractors in Huntsville. More often than not, we would end up litigating with/against “big firm” lawyers from DC. Without fail, there was always a point where we would get some sort of back hand complaint to the effect of “you guys aren’t a dumb as we thought you were.”
     
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  14. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    One of the great pleasures in this career is taking some big firm cunty condescending prick lawyer that thinks they are better and smarter than you because they went to a more prestigious law school and work at some big firm and shoving a case right up their ass.
     
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  15. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Went to call my go-to private investigator on Friday but his business line said it wasn't a working number. Google'd him and turns out he passed away. Made me sad. You work with these legal professionals so much you get to know them through the years. He was a hell of a guy and always worked hard. True professional. A short 5 minute phone call with him would always turn into something twice as long because we enjoyed just bullshitting on the phone about anything and everything. RIP
     
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  16. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Have a case against a secondary defendant in a MVA. Primary DUI defendant that side swiped her already tendered limits. Secondary defendant who rear ended her after she was side swiped has $25k limits and wouldn't tender it . Focus group Friday thought secondary defendant was about 25% at fault. Have $25k in meds, aggravation of preexisting back injury, and my lady treated for 2 years and probably over treated . Moderate property damage, not light but not terrible. My lady was in a MVA before this MVA and treated pretty much up until the second MVA although there are records saying she was getting better. I'd have to get $100k at 25% to get limits. My treating MD depo is a week from Monday. I guess you could look at it as playing with house money? I'm going to get a big enough verdict to at least pay the expenses. And maybe I get enough to get limits? My lady refuses to take anything less than limits. 1st up jury trial setting January 29, 2025.
     
  17. Gallant Knight

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    had a mediation yesterday and the defense lawyers told the mediator to tell me parts of my clients depo they were going to use against us. we are still in the 30 day period where changes can be made.

    thanks pimps
     
  18. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    30 day window to substantively change answers? wtf is that? here it is only like spelling issues
     
  19. Nug

    Nug MexicanNug
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    I assume he's talking about an errata sheet?

    I've never actually had to litigate it, but one of my old bosses in my defense days would literally change testimony with an errata sheet, it was sketchy as hell. Literally "left" to "right" or completely change a narrative of how an accident occurred, "recall" training he received that he didn't testify too.

    If I was on the other side I'd raise hell.
     
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  20. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Here at least, it's pretty clear that an erratta sheet is not for substantively changing testimony. You'd lose that issue on the merits. I'm pretty sure it's like that in most places.
     
  21. Gallant Knight

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  22. Gallant Knight

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    no case law directly on point but:

    The majority of federal courts interpret Rule 30(e) to allow a deponent to make any type of change to the deposition transcript – whether of form or of substance. Relevant for the readers of this article, our closest sister court – the United States District Court for the Northern District of Texas, Dallas Division – has followed suit and adopted what has been espoused as the “traditional” or “majority” view to errata sheets, allowing changes to both form and substance – even where the deponent changes “no” responses to “yes” responses.
     
  23. Nug

    Nug MexicanNug
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    The WA law is pretty broad regarding substantive changes, too.

    I'm not a trial guy, but could you show the jury the original depo transcript and then the corrected one? Or is there a rule against introducing the original testimony? Seems like a jury would see right thru it.
     
  24. Gallant Knight

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    you can show both i believe
     
  25. Gallant Knight

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    i think if it's a minor change it's not a big deal

    hey do you remember taking your depo? had you ever done one? were you nervous? do you remember my office sending you the deposition and asking you to review it and asking if you wanted to clarify anything? well what did you want to clarify? why?
     
  26. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    This is a pretty good statement on the law of it from the 5th Circuit: Broussard v. Bd. of Supervisors of La. State Univ., CIVIL ACTION No. 19-00527-BAJ-RLB, at *11-13 (M.D. La. July 19, 2021) : (I also see some cases talking about striking erratta sheets and allowing the other side to reopen the deposition)

    Next, Defendants object to Plaintiff's deposition errata sheet, arguing that it makes substantive changes that are inconsistent with Plaintiff's deposition testimony. Specifically, Defendants object that, at her deposition, Plaintiff testified that she did not take Cub Care documents home, but then submitted an errata sheet stating that she did take documents home, and only returned them to ULS after she met with auditors. (Doc. 63-1 at 13-14). Defendants argue that "Plaintiff's original answers [should] remain a part of the record," (Doc. 63-1 at 14), so that they may "question Plaintiff about the change in testimony" on cross-examination, (Doc. 75 at 6).

    Rule 30(e) allows a deponent to review a deposition transcript and "f there are changes in form or substance, to sign a statement listing the changes and the reasons for making them." Fed. R. Civ. P. 30(e); Gonzalez v. Fresenius Med. Care N. Am., 689 F.3d 470, 480 (5th Cir. 2012). As noted recently by this Court, authorities are split regarding the proper interpretation of Rule 30(e):

    A majority point to Rule 30(e)'s plain terms and therefore permit deponents to make changes that contradict the original answers given, even if those changes are not supported by convincing explanations, as long as the deponent complies with the instructions provided within the rule itself for making such changes. A substantial and growing minority, however, hold that Rule 30(e) is to be used for corrective, and not contradictory, changes. A vision animates this school: if a deponent can freely revise their testimony afterward, the deposition has become a take home examination, and its utility as a discovery device wholly forfeited.
    United States v. Louisiana, 196 F. Supp. 3d 612, 677-78 (M.D. La. 2016) (deGravelles, J.) (quotation marks omitted; citing authorities), vacated on other grounds, 2017 WL 4118968 (M.D. La. Aug. 21, 2017).
    To date, the U.S. Court of Appeals for the Fifth Circuit has not addressed the scope of permissible substantive corrections to a deposition under Rule 30(e). District courts within the Fifth Circuit have varied in their approaches, with some adopting the "majority" view described above, and others adopting the "minority" view. See id. at 677-78; see also Reilly v. TXU Corp., 230 F.R.D. 486, 487 (N.D. Tex. 2005) (discussing authorities).

    Based on the present record, and faced with a split of authorities and no clear guidance from the Fifth Circuit, the Court determines that Defendants should be allowed to question Plaintiff regarding her revisions "so that the reasons for her changes can be subjected to proper scrutiny." See Louisiana, 196 F. Supp. 3d at 678. Plaintiff's errata sheet plainly contradicts her deposition testimony, and calls into question Plaintiff's credibility. In any other circumstance, this would be an obvious point of cross-examination. Accordingly, Defendants' objection is sustained, and Plaintiff's errata sheet and the original version of her deposition transcript will be allowed to remain in the trial record. E.g., Hernandez v. Rush Enterprises, Inc., 336 F.R.D. 534, 536 (E.D. Tex. 2020) ("Hernandez's errata sheet will be allowed to remain in the trial record, along with the original version of the transcript.").
     
  27. Gallant Knight

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    yeah i mean we are making a correction to a question on when a wife first started noticing things with her husband and she was like the first big thing i noticed was x and we are adding that she started noticing small things within a week of the wreck. pretty happy her original answer was "the biggest thing where i had to start taking notice"

    so i think we are in the clear :)
     
  28. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    Have the prosecutors been that bad to where a judge would just rip them like that?
     
  29. CF3234

    CF3234 Fan of: Bandwagons
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    two client depos. First client took 5.5 hours. 2nd one is 90 min in and this guy has no plans to stop. Im shutting this nonsense down. Literally has taken my entire day for something that could have been done in 2-3 hours tops.
     
  30. Gallant Knight

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    Yes it’s been nuts. A little surprised there hasn’t been a mistrial with prejudice.
     
  31. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    There was a collectible verdict in Hinds County yesterday of $28.5M! Insurance carrier for a plant refused to cover a claim (virtually refused, they offered like $500k) after vandals stripped all the copper and electrical out. Estimate for repair was near that $28M mark. Plaintiff lawyer had it on a contingency fee. Life changing money. Fuck where is my collectible $28M verdict/settlement.
     
  32. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    I should note the dude had paid $80k a year in insurance premiums for many years. I guess the carrier figured if they lost , they'd just have to cover it . And anything under the real cost to repair was a win. And the chances for punitives are so damn low in MS that they didn't even factor that in. What a dream case for a plaintiff lawyer. The client would have been wise to find a lawyer to do it on an hourly fee.
     
  33. Gallant Knight

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    I would legitimately retire
     
  34. Gallant Knight

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    What is prejudgment interest in MS?
     
  35. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    no prejudgment interest on an unliquidated claim.
     
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  36. (Z)

    (Z) Well-Known Member
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    I wouldn't, but I'd choose about 10 total cases a year to take and do nothing else but that. :laugh:
     
  37. Gallant Knight

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    That Blows. I think it would be like $4-5m of interest here if it took 2ish years to work up
     
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  38. Nug

    Nug MexicanNug
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    I'm 1.5 hours into my day and so far:
    • Had two adjusters (Allstate and State Farm) offer less than 2x medicals as their top dollar, and don't believe me when I tell them that's not based in reality
    • Had a client blame me because the other side won't pay their $500K policy limits when the dude was treating for neck pain and a concussion when the collision occurred
    • Had a client get angry because I'm not available between 1:00 - 2:00
    • Had a client reject a very good settlement at only $10K in medicals because she needs to repair her car (she was a passenger in a separate car when the subject collision occurred)
     
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  39. Gallant Knight

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    This is why I would retire

    also shit State Farm offers half of meds here if that
     
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  40. Nug

    Nug MexicanNug
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    Ebbs and flows and whatnot, but I'm dealing with some absolute shit clients right now. I know it's the nature of the industry.

    Dude, I only get paid if you get paid. Our interests are aligned.
     
  41. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    I don’t argue with adjusters.
     
  42. (Z)

    (Z) Well-Known Member
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    Same. Why I very seldom negotiate pre-suit.

    ALFA is one of my only exceptions.
     
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  43. Nug

    Nug MexicanNug
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    I'm getting to that point. I find myself being very short with them and turning into a bit of a jerk, which I don't like.

    But, when have you ever successfully convinced a lawyer of the insurance company's position?
     
  44. Gallant Knight

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    I’ve had to educate some adjusters on first party fees but yeah arguing or bitching at adjusters is a waste of time. Most of them just put shit in a software system and it farts out a number
     
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  45. RJF-GUMP

    RJF-GUMP Daubert Qualified in Cooler Thermodynamics
    Donor TMB OG

    It's not that you're going to convince them of anything . I think filing suit (1) gets you a litigation adjuster with a higher bracket/range of authority, depending the on the carrier (2) they now may factor in cost of defense. They are likely locked in at a low authority level pre-suit and you will never get anywhere with them, they have a cap on what they can offer. Only thing you can do is (1) if they have low limits and it's clearly a limits situation send them the letters that will put them into bad faith territory if you get excess verdict and give them a time limit to tender (2) file suit. But bickering and arguing with them over case value is bad for your health and a waste of time .
     
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  46. Gallant Knight

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    wonder how much lyft will pay on a false imprisonment deal. client were in a lyft that hit someone, clients begged him to stop so they could get out, drove like 10 blocks on some side street, told them to get out of the car. they both have ptsd diagnoses
     
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  47. Gallant Knight

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    I can’t find anything on this so curious if anyone in here knows

    in our circus case where the defendant is a mechanics/customization shop doesn’t have auto insurance, they didn’t file an answer for their employee who was obviously in the course and scope and are trying to say he’s a contractor. If we get an msj saying he was an employee is there any remedy for him to get his legal bills paid for by his employer
     
  48. Nug

    Nug MexicanNug
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    How difficult it is to sue the Navy and how much of a pain in the ass is the Federal Tort Claims Act?

    Have a contractor that fell on a really old, shitty, ill-maintained ladder while working a contract at a Naval Air station. Ruptured bicep and might also need a back surgery.
     
  49. wes tegg

    wes tegg I'm a Guy's guy, guys.
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    I don’t really argue with them either. I’m pretty candid about what I think the case is worth and tell them “I guess that’s what juries are for” when they start arguing with me.
     
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