Strictly guessing, but sounds like the judge's clerks / staff.
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The Lawyer Thread Where We Stop Ruining Other Threads (4 Viewers)
- Thread starter Henry Ford
- Start date
Dezbelief
Footballguy
In my county when potential jurors report they are seated in numerical order, after all the rounds of removing jurors are over the lowest 12 numbers left plus maybe a couple alternates are the jury.
Edit- I was number 1 one time but I recognized the accused and knew his family so I got excused during the first round of questioning.
Last edited:
Mookie
Footballguy
In my jurisdiction, if you fail to appear for jury duty without being excused an officer serves you with an Order to Show Cause why you should not be held in contempt and you are given an appearance date before the judge. At the hearing, you can contest whether you were properly notified or admit that you are in contempt, after which you get sentenced to 8 hours of community service. Most people admit. If a person fails to appear for the hearing, an arrest warrant is issued.
Zow
Footballguy
Wow, that's pretty strict. I like it, though.
Zow
Footballguy
So how is everybody handling the incorporation of people who identify as non-binary in both written legal documents and in court proceedings? I now have multiple cases involving key individuals who identify as non-binary. To be clear and up front, I have no ideological issue with individuals who identify as non-binary. Where I am struggling though is how to including such an identity in the rigid grammatical structure that is legal writing. For example, let's say Susy Q identifies as non-binary. Are they "defendants"? Should I use the plural possessive (e.g. "Susy Qs' child" versus "Susy Q's child")? Any pushback from court's using the plural pronouns (I've run into an opposing counsel who refuses to use it)?
Zow
Footballguy
Sorry to fire this thread back up with some morbid news, but I lost a jury trial last week (attempted murder case, though I got the jury to hang on that count but client was still convicted of a lesser included which is prison mandatory). Just a few moments after the verdict was read and a foot or two away from me, my client slit his own throat in open court. I did ensure that there was additional security and an EMT in the courtroom as I had reason to believe this was a real possibility and they were able to save his life. Nothing like going into closing argument reasonably believing I had to convince a jury to acquit when the evidence was pretty overwhelming in order to literally save a life.
Fun job. I thought I'd make it through life without ever needing therapy.
Fun job. I thought I'd make it through life without ever needing therapy.
CletiusMaximus
Footballguy
Zow
Footballguy
I appreciate that and I think I am. My office has been supportive and I'm looking to lessen my caseload over the summer so I can play some more golf and spend some more time with my kids. Should be getting a counselor lined up soon as well as I'm not sleeping all that great.
Zow
Footballguy
That's certainly something the court is reviewing. I can make further comments that would probably make it more understandable and take some of the blame off security, but I'm just not comfortable making them on a public forum at this time (as doing so would probably get into some privileged communications and would likely make the matter more easily identifiable).
jvdesigns2002
Footballguy
I’m not a lawyer and I know I probably don’t belong in this thread—-but I just saw this post and wanted to send you my best wishes. Having suffered through a brutal trauma last year at my workplace of over 28 years—it’s not an easy thing to cope with. Mine was in the form of a pretty violent smash and grab robbery. In any case—just wanted to send my best and to let you know that you should absolutely consider therapy. It’s a wonderful thing and it’s really helped me make strides in helping with my ptsd and anxiety. It’s an investment in your mental health—which is a great thing.
Poke_4_Life
Footballguy
Sorry to read this @Zow.
I've said it before and I'll say it now. I don't know how you can do what you do, defending people accused of violent crimes. However, I'm glad you do it as we need people like you for our justice system to work. So, thank you for what you do.
Please take care of yourself, for you and your family.
Yankee23Fan
Fair Tax!
Yeah that's just.....ugh.
Instinctive
Footballguy
Hoping I can ask for some quick help here from the crew. My wife and I are now in surrogacy mode after continued lack of success in our fertility journey. Our firm, fairly generously, offers a $20k reimbursement for surrogacy or adoption-related expenses.
We both work there. I'm trying to see if this language would (i think it does) allow EACH of us to get up to a $20k reimbursement because there will be WAY more than $20k in expenses (this is a six-figure cost it would seem). Two asks:
1. if one of you has the five minutes to do a quick "likely you can" or "likely not" thats awesome
2. if one of you can help me with what kind of practicing attorney to look for on a consult, if one is merited, that would be cool. I am kind of thinking employment law but then also insurance (although this isn't really insurance) or some kind of healthcare case specialist?
Language:
"The Firm will reimburse eligible expenses incurred by a colleague who utilizes a surrogate or adopts a child, up to a maximum taxable reimbursement of $20,000 per adoption or surrogacy. Colleagues who regularly work 21 hours or more per week are eligible (temporary colleagues are not eligible). Coverage is effective on the colleague’s first day of actual work and ends upon termination of employment."
I view the interesting piece as "per adoption or surrogacy." But I think the preceding "a colleague" language implies per surrogacy per colleague. So I as an employee could apply for it, and she as an employee could apply for it, as long as we aren't getting reimbursed twice for the exact same dollars spent (e.g., if the cost was $25k, I don't think we could get more than $25k, but since the cost is gonna be more like $100k, we should get to reimburse $40k total).
We both work there. I'm trying to see if this language would (i think it does) allow EACH of us to get up to a $20k reimbursement because there will be WAY more than $20k in expenses (this is a six-figure cost it would seem). Two asks:
1. if one of you has the five minutes to do a quick "likely you can" or "likely not" thats awesome
2. if one of you can help me with what kind of practicing attorney to look for on a consult, if one is merited, that would be cool. I am kind of thinking employment law but then also insurance (although this isn't really insurance) or some kind of healthcare case specialist?
Language:
"The Firm will reimburse eligible expenses incurred by a colleague who utilizes a surrogate or adopts a child, up to a maximum taxable reimbursement of $20,000 per adoption or surrogacy. Colleagues who regularly work 21 hours or more per week are eligible (temporary colleagues are not eligible). Coverage is effective on the colleague’s first day of actual work and ends upon termination of employment."
I view the interesting piece as "per adoption or surrogacy." But I think the preceding "a colleague" language implies per surrogacy per colleague. So I as an employee could apply for it, and she as an employee could apply for it, as long as we aren't getting reimbursed twice for the exact same dollars spent (e.g., if the cost was $25k, I don't think we could get more than $25k, but since the cost is gonna be more like $100k, we should get to reimburse $40k total).
CletiusMaximus
Footballguy
New one for me today in which a friend of mine was in a deposition of a plaintiff, in her second day of testimony, and it was revealed that she has Dissociative Identity Disorder. The plaintiff who testified today was a different person, different gender, etc. than the plaintiff who initially gave the first deposition. This was completely unexpected - even perhaps it seems for plaintiff's own lawyer. The person who testified today was described as being "extremely protective" of the person who first testified, and at times gave directly contrary testimony. Some fun issues for trial, although it seems at this time a low value settlement seems highly likely.
Terminalxylem
Footballguy
That's interesting. DID is the classic "split personality" portrayed in the book Sybil, often confused with schizophrenia. I imagine such a person wouldn't be fit to stand trial, especially if their personalities gave conflicting testimony.
Zow
Footballguy
Whoa. My understand and training on such is a thing is that this is incredibly rare, and so rare that it had to have been diagnosed and therefore likely disclosed (though I suppose if the person is just a witness and the other party didn't know it could happen). But, you identify the person as the plaintiff so either the plaintiff's lawyer knew and didn't disclose or the plaintiff's lawyer was just as shocked and, in my opinion, should have halted the depo or suggested calling the judge or something.
No chance of malingering or gamesmanship here?
Zow
Footballguy
If I'm reading his post correctly, the DID person is the plaintiff in a civil suit. As such, since he/she brought the action and it's not a criminal proceeding, witness fitness may not be at issue.
Zow
Footballguy
Sorry I didn't see this before. My initial take is that provided you can collectively show more than $40k of expenses is that each of you would get $20k. How'd this play out?
I'm also jealous your firm's policy - that's pretty cool.
Instinctive
Footballguy
So far it seems like they'll cover it. But they don't reimburse until "the child is placed in the home." Yeah, pretty good benefit. It was a replacement for the old benefit where you could add a surrogate to our health insurance plan at a nominal cost (like $15/mo). Can't do that anymore.
CletiusMaximus
Footballguy
My information came second hand and somewhat remote at that, but my understanding is the plaintiff's lawyer was either not aware of the condition or at minimum not expecting this at the deposition. Plaintiff's psych treatment records were not part of the case so not reviewed or produced, but that is now an issue in the case, creating severe settlement pressure. Also, I learned that the deposition was not yesterday as I thought. My friend just learned about it yesterday because it came out at a pre-trial conference. He was not at the (second) deposition. Its a story he told me in passing yesterday that I thought was pretty interesting and a first for me - one of those things that probably happens in television law dramas all the time but never in real life.
The_Man
Footballguy
Quick update on this: My son ended up getting a clerkship with a 6th Circuit Judge appointed by .... Ronald Reagan lol. Not surprisingly the judge is on Senior Status, he seems to be a person who mentors/has good relationships with his clerks and is kind of a quickly intellectual (as is my son, so I'm hopeful it is a good fit).
Once my kid bailed on BigLaw after going through OCI, his job search was kind of nowhere so this is a great outcome. He'll be living in Louisville, KY, for a year which is my best friend's hometown. Have never been, am looking forward to visiting
Congrats. Also, Louisville is an underrated gem.
Boggs?
Regardless of who it is, should be an interesting year and a lot of travel. many of those senior Sixth Circuit judges spend more time sitting by designation around the country than they do in their circuit, I think.
The_Man
Footballguy
Yes - my son had his interview in Cincy as that's where they were hearing arguments at the time. I think it will be a great experience - I could actually see my son becoming a career Clerk, but who knows?
I interviewed with him way back in the day. Quirkiest interview process ever - at the time at least, he had a trivia quiz that you had to do well on to even get an interview. One of the few people I’ve met who I think genuinely has a photographic memory. I don’t think your son will share his political and jurisprudential outlook based on your description but it should be a great experience. And he’s definitely one of the judges that travels all over the country.
chet
Footballguy
I am going to keep the details vague because this is a live issue. I am not a lawyer so please forgive any mistakes.
I own a piece of a company that is suing some very large companies for patent infringement. The district judge ruled against us in a summary judgment; we appealed the ruling to an appellate court and gave oral arguments a few months ago.
The appellate court recently ruled against and dismissed our appeal. However, a review of their opinion revealed that the three-judge panel made a major error in interpreting our patent and that mistake formed the basis of their opinion. We feel that the panel wanted to find for us and if they had understood the patent, they would have dismissed the ruling and remanded.
If we request a re-hearing, can anyone handicap the chances of the apellate court granting our request? TIA
I own a piece of a company that is suing some very large companies for patent infringement. The district judge ruled against us in a summary judgment; we appealed the ruling to an appellate court and gave oral arguments a few months ago.
The appellate court recently ruled against and dismissed our appeal. However, a review of their opinion revealed that the three-judge panel made a major error in interpreting our patent and that mistake formed the basis of their opinion. We feel that the panel wanted to find for us and if they had understood the patent, they would have dismissed the ruling and remanded.
If we request a re-hearing, can anyone handicap the chances of the apellate court granting our request? TIA
The short answer is that there is a near zero chance. If you explained how your patent should be interpreted in your briefing and they rejected your interpretation, they aren't going to change their mind because you explained it to them again in your petition for rehearing. If you weren't clear before and the panel clearly and objectively screwed up a factual premise, there's some chance that they could grant the request, but that's a rare scenario. The losing party in a technical case almost always has the same complaint you are articulating here.
Fat Nick
Footballguy
LegalGuys - So random question - Are there any patent attorneys here? Or at least someone knowledgeable?
Long story short - I developed a small 3D-printed item to address a need my son had around his sports card collection. It's pretty simple, but super effective and useful. It turned out so well I honestly considered commercializing it. Before going down that road, I did some digging and apparently there is a small company that does make something very similar. Their website says "Patent Pending" on that particular item.
My questions:
1) Is there a free way to search patents that are pending to see what exactly their patent covers?
2) Do companies have a legal obligation to actually file a patent when showing "Patent Pending," or is that sometimes used as a shield for a company that wants to discourage me-too competitors but never actually intend to complete the patent filing process? Basically, I'm curious if this company actually is intending to file a patent.
Long story short - I developed a small 3D-printed item to address a need my son had around his sports card collection. It's pretty simple, but super effective and useful. It turned out so well I honestly considered commercializing it. Before going down that road, I did some digging and apparently there is a small company that does make something very similar. Their website says "Patent Pending" on that particular item.
My questions:
1) Is there a free way to search patents that are pending to see what exactly their patent covers?
2) Do companies have a legal obligation to actually file a patent when showing "Patent Pending," or is that sometimes used as a shield for a company that wants to discourage me-too competitors but never actually intend to complete the patent filing process? Basically, I'm curious if this company actually is intending to file a patent.
Snotbubbles
Footballguy
Search the USPTO website: https://www.uspto.gov/patents/search
Prior to law school I worked for a large chemical company as their International Patent Administrator. I didn't have a hand in actually creating the patent filings, I only handled filing the applications in different countries once we had patent protection in the US. If you are considering filing the patent, I would suggest getting an attorney with experience in patents. The actual descriptions needed to file the patent can be extremely technical.
ETA: Didn't go into Patent Law, all the attorneys had advanced degrees in science.
Fat Nick
Footballguy
Super helpful - I was able to find 2 patents filed by the same company for two of their other products, but searching using the patent filer name didn't reveal anything else by him (including the item I'm interested in re. my design).
I may have to see if I can find someone who is better at working that search engine better just to be sure I'm not missing something. I would expect that there should be documentation on the search site as soon as the patent application was filed, so because I haven't found it as of yet, I feel like it may not actually be patent pending.
Zow
Footballguy
There are, but the main guy doesn't post here so much anymore.
Zow
Footballguy
That's the good news - not anymore.
Last time I considered the change I would have had to ran and I "botched" my campaign before it even started by not kissing Trump's ring.
![[icon]](/data/avatars/m/5/5167.jpg?1660313464){kind=avatar}
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Insoxicated
HELP!
Sacramento CA County Estate issues.
My GF's sister's grandmother passed.
The Mother is already dead.
There is a will.
Potentially 6-7 figure estate including liquid assets, property, etc. Grandmother had made verbal mention of some people should get some things but we know how rhat goes,
Estate executor is a cousin who seemed to be on the up and up but has gotten shady since the passing.
Granddaughter #1 is GF's sister. Good woman, but simple life... often steamrolled. Lives in another state (KY).
Granddaughter #2 is a metaphorical and possibly actual crack head. Morally bankrupt.
Cousin was managing finances and paying crackhead (GD#2) to care for Grandma until it became clear GD#2 was robbing her blind (jewelry etc) and overmedicating her presumably trying to off her for the money.
Anectdote; Grandma had told GD#1 (Good GrandDaughter - my GF's sister) she was setting up a trust in her kids names.. got SS#'s etc.
Current:
- Grandma passed while they were all out visiting
- GD#2 (Crackhead) never left GD#1 alone even going so far as to insist on sleeping in the same bed as her. Being shady still. Going through belongings. It's assumed she's already pilfered anything small of significant value.
- Cousin / Executor has suddenly gotten shady...
What is GD#1 play here?
Lives in KY. Limited means. Just trying to avoid her and more importantly her kids being ****ed over. For these families even w small inheritance would be a big deal.
Hire an estate/probate attorney in California and have them request books / will for review?
I'm at a loss beyond that and would tremendously appreciate any guidance. These are damn good people who get ****ed over a lot and I want to make sure it doesn't happen this time. :(
Sacramento CA County Estate issues.
My GF's sister's grandmother passed.
The Mother is already dead.
There is a will.
Potentially 6-7 figure estate including liquid assets, property, etc. Grandmother had made verbal mention of some people should get some things but we know how rhat goes,
Estate executor is a cousin who seemed to be on the up and up but has gotten shady since the passing.
Granddaughter #1 is GF's sister. Good woman, but simple life... often steamrolled. Lives in another state (KY).
Granddaughter #2 is a metaphorical and possibly actual crack head. Morally bankrupt.
Cousin was managing finances and paying crackhead (GD#2) to care for Grandma until it became clear GD#2 was robbing her blind (jewelry etc) and overmedicating her presumably trying to off her for the money.
Anectdote; Grandma had told GD#1 (Good GrandDaughter - my GF's sister) she was setting up a trust in her kids names.. got SS#'s etc.
Current:
- Grandma passed while they were all out visiting
- GD#2 (Crackhead) never left GD#1 alone even going so far as to insist on sleeping in the same bed as her. Being shady still. Going through belongings. It's assumed she's already pilfered anything small of significant value.
- Cousin / Executor has suddenly gotten shady...
What is GD#1 play here?
Lives in KY. Limited means. Just trying to avoid her and more importantly her kids being ****ed over. For these families even w small inheritance would be a big deal.
Hire an estate/probate attorney in California and have them request books / will for review?
I'm at a loss beyond that and would tremendously appreciate any guidance. These are damn good people who get ****ed over a lot and I want to make sure it doesn't happen this time. :(
CletiusMaximus
Footballguy
Hiring a local probate lawyer is unfortunately but most likely the only way to protect herself in this situation. This area of law (trust/estate/fiduciary litigation) is exploding across the country and circumstances like this one are sadly extremely common. An unrepresented heir who is remote is in a very difficult situation when the other heirs are on the ground where the assets and probate is pending and are untrustworthy. The choices are to lawyer up or wash her hands of it and be happy with whatever eventually comes her way. She should be careful to find a good referral. Don’t be shy about interviewing several lawyers and asking them specifically about their experience doing this type of work as a busy practice area always draws interlopers. Double check their online bio and LinkedIn to confirm their background. This is an area where you kind of want a lawyer who’s got a fair bit of ###hole in him. GL
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Insoxicated
Thank you very much!
Anyone have strong referrals or suggestions on the best place to look (short of googling "best probate lawyer Sacramento"
)? Any ideas on ballpark expense range for something like this?
Should we expect to pay front end or do they work for a percentage of the estate (Ala PI attorneys)?
Thanks again, guys!
Zow
Footballguy
Most likely front end (i.e. not on contingency) and I'll ask around.Thank you very much!
Anyone have strong referrals or suggestions on the best place to look (short of googling "best probate lawyer Sacramento"
Any ideas on ballpark expense range for something like this?
Should we expect to pay front end or do they work for a percentage of the estate (Ala PI attorneys)?
Thanks again, guys!
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Insoxicated
Thanks GBMost likely front end (i.e. not on contingency) and I'll ask around.Thank you very much!
Anyone have strong referrals or suggestions on the best place to look (short of googling "best probate lawyer Sacramento"
Any ideas on ballpark expense range for something like this?
Should we expect to pay front end or do they work for a percentage of the estate (Ala PI attorneys)?
Thanks again, guys!
I PM'd you a rec. At least I think I did, I don't do a lot of messaging on here.Thank you very much!
Anyone have strong referrals or suggestions on the best place to look (short of googling "best probate lawyer Sacramento"
Any ideas on ballpark expense range for something like this?
Should we expect to pay front end or do they work for a percentage of the estate (Ala PI attorneys)?
Thanks again, guys!
Am patent attorney, but not your attorney.
I use patents.Google.com to do my searching. There are other better tools, but they usually require a subscription. Patent applications are not immediately public. Typically they become public 18 months after filing (or when the patent issues if they file something called a non publication request. Patent pending means a patent application has been filled, but they might never get an actual patent issued. Even if a patent does issue, you need to know what the claims are to know whether something you want to build or sell infringed the patent. You would want an attorney to help with that analysis.
-fish-
Footballguy
There are probate/estate attorneys who will work for a contingent fee, but usually it has to be a large (1 million+) estate.Most likely front end (i.e. not on contingency) and I'll ask around.Thank you very much!
Anyone have strong referrals or suggestions on the best place to look (short of googling "best probate lawyer Sacramento"
Any ideas on ballpark expense range for something like this?
Should we expect to pay front end or do they work for a percentage of the estate (Ala PI attorneys)?
Thanks again, guys!
Fat Nick
Footballguy
Thanks - and being cognizant that you're not "my attorney," can I possibly ask you only one more question -
The item I'm exploring is something I'm currently just printing on my 3D printer and adding a few components to from off-the-shelf parts. Made in my house. If I just explore selling these to local card shops, or maybe at a show or two, but without any major commercialization, and a patent is later issued that my sales are infringing, what happens? Do they just tell me to stop? Can they make me pay some sort of restitutions? We're not taking big $$, but I'm just curious.
Thanks in advance, and I won't ask any more free advice. If I do decide to move forward, I'll seek someone local who can help (and get paid).
Probably nothing happens, frankly. Maybe they send you a letter telling you to stop (called a cease and desist letter). They could also send a letter offering to leave you alone for a relatively small amount of money, say $20k (basically offering you a license).
They aren't likely to sue unless you're selling enough to make decent money. it's just not worth it since a real lawsuit is expensive.
PS, I'm not worried about providing comments for free. Happy to provide any comments I can to help people understand how the system works. I just want to make it super clear that I'm not giving legal advice, just in case somebody tries to say "well you said X and I counted on that" and then get myself in to hot water.
Rustoleum
Footballguy
So, how many open records requests would it take to make a case that someone is abusing the statute?
Tired of dealing with an attorney with a long history of antagonizing the district fishing for anything they can use to bash the district on social media or file suits that never go anywhere. Consuming a lot of time and that are supposed to be spent on educating kids.
I feel it is an “everybody knows the truth but the payoff isn’t worth the effort of proving it” situation, especially when this person feeds off negative attention, so just dropping a lawyer-related vent here while I wait for the karma train to catch up.
Tired of dealing with an attorney with a long history of antagonizing the district fishing for anything they can use to bash the district on social media or file suits that never go anywhere. Consuming a lot of time and that are supposed to be spent on educating kids.
I feel it is an “everybody knows the truth but the payoff isn’t worth the effort of proving it” situation, especially when this person feeds off negative attention, so just dropping a lawyer-related vent here while I wait for the karma train to catch up.
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