We have another legal position that just posted. It's for a manager, Legal. JD and 1-4 years experience. If you or anyone else is interested I'll post the full description. If you want to apply I can refer your resume internally instead of applying on our website.
You should get permission to take on DUI cases. Make that a niche. Try about 3 of those a year on your own.
i have MVA case where the other person is clearly at fault but they found a lawyer to take on their case. So they sued my client. The other lawyer asked whether I was going to handle all of it. Or if my client would get an insurance defense lawyer. I don't know how that would work, how I would try a case and have an insurance defense lawyer defending my client at the same time. My clients insurance company said the insurance defense lawyer would be more a liason where they can give me insurance documents, statements etc but I didn't think they'd have an active role in the litigation. I don't plan on doing any defending, plan on going on the attack as always and laying at the facts. Going to file an answer and counterclaim. How does this usually work? THanks.
I've had that situation a few times; we defend an insured being sued but they are also pursuing a counterclaim and being represented by a different a lawyer. It sucks and can be overly confusing. Too many cooks in the kitchen.
seems like I need to tell my client that she doesn't need her own insurance defense lawyer. She needs to let me do everything. She doesn't have to have one, she could elect not to have one.
Ehh, I'm not sure it's so simple. Her policy almost certainly pays defense costs for a defense lawyer (and are likely obligated to do so), whereas if you rep her on the defense side you'll likely seek reimbursement, right? I'd probably reach out to her insurer, honestly.
so I'd just keep track of my time whenever I'm doing anything defense related and send them a bill for it?
In theory, yes. But that's assuming you're approved by the insurance company to represent her on the defense side. Big "if" as each company is different and has certain law firms they work with. I doubt they'll approve you as her defense attorney since you're prosecuting the case for her, too.
Just realized I got my first published article (received no notice of it being published until today - obviously yuuuuuuge circulation). ABA practice pointer so national audience too.
Don't file an answer. Put your client's insurer on notice and do what they say as far as the defense goes. Your client is owed indemnity; don't get in the way of that. It would be malpractice to do anything to lose coverage for them. I've tried one where I defended the counterclaim. There were two defense lawyers and two plaintiff's lawyers. It confused the fuck out of the jury.
Why the fuck would you even want to take on the added work of defending the case, not to mention the significant chance of malpractice I mean sit back and let the guy getting paid hourly do the heavy lifting and collect your check I frequently take the path of most resistance and so this is the pot calling the kettle black, but this is one to be gallant knight and sit back and do what you need to do and not a bit more.
yah I asked on one of our list serves and they said there will just be 2 plaintiff's lawyers and 2 defense lawyers. Some ppl say it is a cluster and some say it has worked well. One guy said a while back the insurance company paid him to do both. Doesn't sound like an optimal situation on a 25k policy limit case with no UM. I'm gonna do it just for experience. The plaintiff lawyer on the other side actually refers cases to me.
got my 2nd article about to be published and got asked to be a speaker at an upcoming Mississippi Bar Association CLE. Got to stay on the grind.
This. Have had a handful of cases like this and the defense lawyer on my side has done ~80% of the work
Congrats. I'm speaking at a family law cle this fall on getting records from schools. First parental right to obtain their kid's records (P simple but we've run into issues before) and then FOIA requests to school districts (if a teacher is a paramour, we FOIA her emails).
So we filed a motion to reconsider in a big case (on 12(b) motion to dismiss, not full trial). Judge takes everything under advisement. Couple weeks later, he says he wants a telephonic hearing to put his ruling on the record. Anxious as hell over this because it never happens and have no clue what to make of it. We always get written instructions from judges. Any of yall ever had a judge do this? Trying to figure out why the telecon and court reporter are necessary and whether that bodes will for our case.
I had a judge call an hour hearing to announce his ruling. It ended with the defendant's pleadings stricken and people being reported to the bar.
maybe you'll get the chance to slip in some more arguing. especially if he asks any questions. but i doubt it.
re: staff it's really hard finding good fits. especially if you want someone with passion for the cases/workload.
Yea unfortunately most of our remote positions are like tech support and stuff. If any of y'all are ever interested in most likely relocating to Nashville let me know and I'll keep posting our legal positions. Right now coastal orange has been the only one interested.
I should also say that they really stress work/life balance here so it's possible that even if it's not listed as remote, if you were qualified enough you may talk them into it... No idea how common that is for in house legal positions though.
You're going to do what just for experience? If you're saying that you're not going to put his insurer on notice, then you're 100% committing malpractice. If you don't notify them, they'll deny coverage and you'll be stuck indemnifying him. That's a horrible idea.
i meant i'm going to try the case just to try it even though its only a 25k limits case. i've already contacted the insurance company and will be in touch with clients insurance defense lawyer and do the case with them. i got a bunch of feedback on a trial lawyers list serve re how to try these cases in conjunction with insurance defense counsel.
Sammy Meatballs I really like the German Shepherd analogy for jurors that say that even though they have biases they can set these aside. I feel like Keith skipped one step or didn't outright say something. Let me explain. In my last trial after my voir dire opposing counsel did a short voir dire and at the end said "now do all of you feel like even setting aside any biases you have, feel like you can render a fair verdict today and not be biased" or something like that. And it was basically a clear all. Later when I tried for cause strikes the judge and defense counsel said "Well they all said they could be fair." So I guess maybe the best way to get at this is (1) do the pie/bbq analogy or personal analogy that Keith talks about (2) then ask whether even with said biases can they put us and defense on equal planes to start the trial (3) then bust out the german shepherd analogy to show that even if they think they can put us equal, as competing evidence comes out, their predispositions will creep in and ultimately they won't be able to be fair.
hey Sammy ! wanna know how dumb TMB is ? in a freedom of speech country . theire is only one thing you can be arrested for concerning saying bad things about the president. it was put into effect in world war 2 bye a democratic president no-less with the initials FDR . IF YOU SAY YOUR GOING TO KILL OR WISH THE PRESIDENT OF THE UNITED STATES OF AMERICA HARM . YOU CAN BE ARRESTED AND THE KEY CAN BE THROWN AWAY . TAKE THAT TO THE LAW OFFICE ANYWERE .
For those of you that do more of this type of work: My mom moved in with her brother about 2 years ago. He has significant medical issues and needed assistance. She moved significant personal property into the home. Monday night he unlawfully evicted her by physically baring her entry to the home. (He has a new girlfriend, which I think is why he's trying to make my mom leave). When she tried to get past him, he physically assaulted her. She has requested a PO, which as of 4pm yesterday had not been ruled on. I secured a moving truck and movers for June 8th to remove her personal property from the house. He's not going to be happy about it because it includes a lot of shit he considers his because it has been in "his" house for 2 years (her couch, TV, etc). Ideally we have a PO in place and can call the sheriff to assist on the 8th when we move. Any other suggestions are more than welcome. This is in Indiana for anyone practicing there.
You're a better man than me to not go the self-help route... Has she sworn out a warrant for him on the assault? That may be a prerequisite for a protection from abuse order.
She called Monday night around 10pm. My wife was in Paris and I had two sleeping kids 4 hrs away. I wanted to. She didn't swear a warrant for the assault. No one has told us she needs to do that. I've been working with a gentleman in the PO division of the superior court. He seems on top of his shit, and seemed to think her PO would be granted. Anecdotally, because it's funny, he tried to get a PO against her. All he wrote was "My home. She has to go." No surprise, it was denied.
you're going to want in the PO that she can get her stuff back and maybe even list out some of it. Otherwise if its not in the order and he claims it is his stuff the sheriffs aren't going to get involved in a property dispute.
Will also email you a recent transcript of mine that shows the question to deal with this issue It helps that Florida doesn't allow rehab, but we still have to guard against it.
had a new 18 wheeler case come in today. former domestic client, crazy how that works. mariana florida. pretty bad property damage. truck just got over on top of her forced her into median on I-10. preexisting neck and migraine issues-was at neuro for both a few weeks ago. hate preexisting injury cases. Guessing that's a pretty conservative jurisdiction too.
Exacerbation cases can be great if you have a good plaintiff who doesn't try to underplay/hide the preexisting stuff. If there are any credibility issues, you're fucked.
I think I had my faith in things hit by that last case. I always thought exacerbation cases could be good and know of all this theory on how to make it work for you. Terrible client gonna kill you every time. I just need to try a good case with a good client to rebuild my faith.