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The Lawyer Thread Where We Stop Ruining Other Threads (7 Viewers)

After practicing employment law exclusively for over 15 years, I have countless stories that are almost too crazy to believe. But as seemingly endless as these stories are, they are still vastly outweighed by the near infinite number of BS claims I've litigated (though not necessarily in the sexual harassment realm only).

 
One of Washington's main insurance cases arose from a claim from a dentist who put his assistant under anesthesia and put boar tusks in her mouth and then took a bunch of pictures for the office Christmas party.

 
One of Washington's main insurance cases arose from a claim from a dentist who put his assistant under anesthesia and put boar tusks in her mouth and then took a bunch of pictures for the office Christmas party.
wtf

 
One of Washington's main insurance cases arose from a claim from a dentist who put his assistant under anesthesia and put boar tusks in her mouth and then took a bunch of pictures for the office Christmas party.
Was that wrong? Should I have not done that? I tell you I gotta plead ignorance on this thing because if anyone had said anything to me at all when I first started here that that sort of thing was frowned upon, you know, cause I've worked in a lot of offices and I tell you peope do that all the time.

 
One of Washington's main insurance cases arose from a claim from a dentist who put his assistant under anesthesia and put boar tusks in her mouth and then took a bunch of pictures for the office Christmas party.
Was that wrong? Should I have not done that? I tell you I gotta plead ignorance on this thing because if anyone had said anything to me at all when I first started here that that sort of thing was frowned upon, you know, cause I've worked in a lot of offices and I tell you peope do that all the time.
Ahh, The Costanza Defense.
 
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One of Washington's main insurance cases arose from a claim from a dentist who put his assistant under anesthesia and put boar tusks in her mouth and then took a bunch of pictures for the office Christmas party.
Was that wrong? Should I have not done that? I tell you I gotta plead ignorance on this thing because if anyone had said anything to me at all when I first started here that that sort of thing was frowned upon, you know, cause I've worked in a lot of offices and I tell you peope do that all the time.
:lmao:

 
Henry Ford, that aspect of practice sounds so difficult. I'm not a "just take it and be one of the guys" sort, but until recently I've had actionable harassment at every job I've ever held--from white-shoe law firms to Fortune 50 companies to everything in between--but have never done anything about it. I don't know any woman who hasn't experienced actionable harassment in the workplace. It's a hard thing to explain to guys, but it really is amazing and appalling how much it is still a part of everyday life and we just kind of roll with it most of the time.

That said, I've also had to deal with the completely baseless allegations in terms of describing actions to our Boards of Directors in litigation reports (though I didn't handle the litigation) and can imagine how infuriating those are as well.
Non-lawyer here, but I have a serious question. I'm shocked that you don't know any woman that hasn't experienced actionable harassment in the workplace. I'm very conscious of my dealings with women in the workplace, but I've definitely seen some guys that think they're on an episode of Mad Men.I have worked in a predominantly female work environment in the past and can't recall ever seeing "actionable harassment" there.

Are some of these instances small things guys might consider innocuous? I asked my wife and she says she has never experienced actionable harassment in the workplace. I honestly thought things had changed, especially in the white collar world.
Well, apparently the guys who take the actions think they're innocuous, I guess. But no, normal people who are conscious of what's right and wrong in the workplace would not.

That's good news for your wife. I'm sure that I know someone who hasn't had an issue, but every time the issue comes up every woman in the discussion has similar stories. For some reason I'm still surprised. The women I know tend to be professionals, so we are definitely talking about the white collar world, albeit in some cases (like mine) in fairly male-dominated worlds. I do think it might be worse in places like factories, or at least it seems so from the big class-action and other cases I've been privy to.

It's probably better than it was in the 50s or whatever, but I wouldn't say the awareness, training, etc. that most companies do has been overwhelmingly effective.

Oh, I remembered that I was wrong when I said I never did anything about it. When I was a young (probably 4th year?) associate at a large law firm I won't name (but it rhymes with "Irkland"), I had a situation that got to the point where I just didn't know what to do. I was working on an IPO and, because we were working so closely together, at some point they just set up a second desk and the client's CFO shared my office with me. We actually worked together well aside from the constant sexual harassment, but I reached a point where I felt like I couldn't take it any more, so I went to the junior partner and asked him what I should do. Not "I'd like to bring a claim" but literally "I need help to get this to stop and I don't know what to do". His answer? The IPO will be over in several weeks so just wait it out. :lol:
I know of a young woman who had cameras set up and found a fellow attorney who had been masturbating on her spare clothes and desk.
I guess I've been naive or led a sheltered life. I had one boss who referred in meetings to all of his sales reps as his n words. Wasn't gender specific. We were all that because he owned us and he could make us do whatever he wanted or he'd fire us. He was fired about 3 months after I was hired. He called me and asked if I'd be a reference for him. Lol.

Another time a boss accompanied me to a meeting with a female client. The client and I were debating an issue and she asked my boss to weigh in on the matter. He sided with my opinion. The client said she wasn't surprised and his response was to slap me on the back and say "Well it is bros before hos". The client was visibly upset, so my boss says "Sweetie it's a joke, you need to lighten up".

It took me months to get myself out of the ditch he dug for me with the client.

Our office had a dress code of no suit jackets or ties unless you were meeting clients. So, a former receptionist used to tell the men in the office how nice they looked when they "suited up". She would often be told "you are dressed very nicely today too" in return.

I saw her after she left our office and she said how glad she was to be away from our sexual harassment nightmare. She mentioned the returned compliments and the IT guy constantly undressing her with his eyes. The IT guy in our office is gay, he got married to his partner two years ago.

 
Such a dbag. It really is a wonder you can remember to breathe.
You'll never make the homies list with that attitude. Listen to someone who was once on that homie list.
How did you get off of it? I told him to sign up for a bunch credit cards, take cash advances on them all then invest it all in HEMP. Somehow that got me on it. :kicksrock:
You told him what he wanted to hear.ETA: To answer your original question: If you want to get off of the list, tell him he has a gambling problem, to start saving money, grow up, and that you honestly care about his well-being and genuinely want to see him succeed in the long run.

You'll be off the list before sunrise.
Yup. That'll do the trick.

 
I guess I've been naive or led a sheltered life.I had one boss who referred in meetings to all of his sales reps as his n words. Wasn't gender specific. We were all that because he owned us and he could make us do whatever he wanted or he'd fire us. He was fired about 3 months after I was hired. He called me and asked if I'd be a reference for him. Lol.

Another time a boss accompanied me to a meeting with a female client. The client and I were debating an issue and she asked my boss to weigh in on the matter. He sided with my opinion. The client said she wasn't surprised and his response was to slap me on the back and say "Well it is bros before hos". The client was visibly upset, so my boss says "Sweetie it's a joke, you need to lighten up".

It took me months to get myself out of the ditch he dug for me with the client.

Our office had a dress code of no suit jackets or ties unless you were meeting clients. So, a former receptionist used to tell the men in the office how nice they looked when they "suited up". She would often be told "you are dressed very nicely today too" in return.

I saw her after she left our office and she said how glad she was to be away from our sexual harassment nightmare. She mentioned the returned compliments and the IT guy constantly undressing her with his eyes. The IT guy in our office is gay, he got married to his partner two years ago.
I'm not saying every office is filled with sexual harassment, but most women who have worked multiple jobs have been subjected to it at least at one of them.

 
My unofficial ranking of lawyers with the best war-stories:

1. Criminal defense (especially the lower-fee guys who get the bottom-feeders and crazies. Get a few beers in these guys and they'll spill one great story after another)

2. Employment lawyers (as BB mentioned, the insanely frivolous claims outnumber the amazing stories of blatant harassment, discrimination, etc., but both make for great war-stories)

3. Family lawyers - amazing what some people do to each other

Honorable mention to the small, solo guys who represent low-level entrepreneurs and start-up guys - every one has a few great stories.

 
Lawyerguys/gals,

Our attorney (outside counsel but works on all of our contracts, documents etc) is an experienced guy in our specific industry. Responsive, good balance between business concerns and legal protection. We like him.

His paralegal is terrible. She makes mistakes almost every time she does anything for us. She manages the routine registrations, keeping track of document versions etc. And she always screws up.

The attorney, in an effort to save us money, advises us to send routine questions and small projects to his paralegal who bills at lower rate. But it's getting to the point that I simply have no confidence in her.

Is a paralegal sacrosanct in a firm? Are they trained? I don't want to throw her under the bus or complain to the attorney, but I also don't want to work with her anymore.

 
Henry Ford, that aspect of practice sounds so difficult. I'm not a "just take it and be one of the guys" sort, but until recently I've had actionable harassment at every job I've ever held--from white-shoe law firms to Fortune 50 companies to everything in between--but have never done anything about it. I don't know any woman who hasn't experienced actionable harassment in the workplace. It's a hard thing to explain to guys, but it really is amazing and appalling how much it is still a part of everyday life and we just kind of roll with it most of the time.

That said, I've also had to deal with the completely baseless allegations in terms of describing actions to our Boards of Directors in litigation reports (though I didn't handle the litigation) and can imagine how infuriating those are as well.
Non-lawyer here, but I have a serious question. I'm shocked that you don't know any woman that hasn't experienced actionable harassment in the workplace. I'm very conscious of my dealings with women in the workplace, but I've definitely seen some guys that think they're on an episode of Mad Men.I have worked in a predominantly female work environment in the past and can't recall ever seeing "actionable harassment" there.

Are some of these instances small things guys might consider innocuous? I asked my wife and she says she has never experienced actionable harassment in the workplace. I honestly thought things had changed, especially in the white collar world.
Well, apparently the guys who take the actions think they're innocuous, I guess. But no, normal people who are conscious of what's right and wrong in the workplace would not.

That's good news for your wife. I'm sure that I know someone who hasn't had an issue, but every time the issue comes up every woman in the discussion has similar stories. For some reason I'm still surprised. The women I know tend to be professionals, so we are definitely talking about the white collar world, albeit in some cases (like mine) in fairly male-dominated worlds. I do think it might be worse in places like factories, or at least it seems so from the big class-action and other cases I've been privy to.

It's probably better than it was in the 50s or whatever, but I wouldn't say the awareness, training, etc. that most companies do has been overwhelmingly effective.

Oh, I remembered that I was wrong when I said I never did anything about it. When I was a young (probably 4th year?) associate at a large law firm I won't name (but it rhymes with "Irkland"), I had a situation that got to the point where I just didn't know what to do. I was working on an IPO and, because we were working so closely together, at some point they just set up a second desk and the client's CFO shared my office with me. We actually worked together well aside from the constant sexual harassment, but I reached a point where I felt like I couldn't take it any more, so I went to the junior partner and asked him what I should do. Not "I'd like to bring a claim" but literally "I need help to get this to stop and I don't know what to do". His answer? The IPO will be over in several weeks so just wait it out. :lol:
I think the legal field is miles better than it used to be a generation ago, and it's still miles better than the financial services field which remains filled with men who think they're living embodiments of The Wolf of Wall Street. On the other end of the pay scale, I certainly wouldn't want to be a female working in a heavy industry like construction, most manufacturing, longshoreman, etc., even as an office worker.

 
Lawyerguys/gals,

Our attorney (outside counsel but works on all of our contracts, documents etc) is an experienced guy in our specific industry. Responsive, good balance between business concerns and legal protection. We like him.

His paralegal is terrible. She makes mistakes almost every time she does anything for us. She manages the routine registrations, keeping track of document versions etc. And she always screws up.

The attorney, in an effort to save us money, advises us to send routine questions and small projects to his paralegal who bills at lower rate. But it's getting to the point that I simply have no confidence in her.

Is a paralegal sacrosanct in a firm? Are they trained? I don't want to throw her under the bus or complain to the attorney, but I also don't want to work with her anymore.
This sounds like it's an unavoidable problem. Take him to lunch and explain the situation to him.

Unless he's sleeping with her, in which case you've got an uncomfortable decision to make.

 
Lawyerguys/gals,

Our attorney (outside counsel but works on all of our contracts, documents etc) is an experienced guy in our specific industry. Responsive, good balance between business concerns and legal protection. We like him.

His paralegal is terrible. She makes mistakes almost every time she does anything for us. She manages the routine registrations, keeping track of document versions etc. And she always screws up.

The attorney, in an effort to save us money, advises us to send routine questions and small projects to his paralegal who bills at lower rate. But it's getting to the point that I simply have no confidence in her.

Is a paralegal sacrosanct in a firm? Are they trained? I don't want to throw her under the bus or complain to the attorney, but I also don't want to work with her anymore.
Tell the attorney you'll pay his rate to do these things, so that they're done right, or ask him if there's another paralegal you can work with. Truly great paralegals are mostly people who can't pass the bar and/or disbarred attorneys, with some exceptions. If they were unbelievable at their jobs, someone would tell them to become lawyers. They shouldn't be awful, though.

 
Truly great paralegals are mostly people who can't pass the bar and/or disbarred attorneys, with some exceptions. If they were unbelievable at their jobs, someone would tell them to become lawyers. They shouldn't be awful, though.
In my experience, truly great paralegals are paralegals that came from a firm or practice group that was serious about training them and serious about giving them real work that a monkey couldn't do. And they often want no part of the debt, hassle, or stress of being an attorney.

Preferably, they're also wired so that something like cite checking doesn't make them want to put a bullet in their own brain.

 
Truly great paralegals are mostly people who can't pass the bar and/or disbarred attorneys, with some exceptions. If they were unbelievable at their jobs, someone would tell them to become lawyers. They shouldn't be awful, though.
In my experience, truly great paralegals are paralegals that came from a firm or practice group that was serious about training them and serious about giving them real work that a monkey couldn't do. And they often want no part of the debt, hassle, or stress of being an attorney.

Preferably, they're also wired so that something like cite checking doesn't make them want to put a bullet in their own brain.
Yeah, that's fair. I've never had a great one. Take RHE's advice over mine.

 
My unofficial ranking of lawyers with the best war-stories:

1. Criminal defense (especially the lower-fee guys who get the bottom-feeders and crazies. Get a few beers in these guys and they'll spill one great story after another)

2. Employment lawyers (as BB mentioned, the insanely frivolous claims outnumber the amazing stories of blatant harassment, discrimination, etc., but both make for great war-stories)

3. Family lawyers - amazing what some people do to each other

Honorable mention to the small, solo guys who represent low-level entrepreneurs and start-up guys - every one has a few great stories.
I figure we want to stray from war stories, but I'll attest that being a public defender is never boring. Got a few favorites.

I'd also add to this list Dependency lawyers. In my short time doing it, I've encountered factual scenarios which would make Jerry Springer blush. Definitely rivals criminal in terms of wacky scenarios.

 
Yeah my best war stories are divorce ones. Then foreclosure stuff. Although, municipal court (traffic tickets low level crimes) can really give you some great material.

Like the old guy who was trying to shop lift a cooked roasted chicken from Costco's. That guy. That was........... funny.

 
Yeah my best war stories are divorce ones. Then foreclosure stuff. Although, municipal court (traffic tickets low level crimes) can really give you some great material.

Like the old guy who was trying to shop lift a cooked roasted chicken from Costco's. That guy. That was........... funny.
Please tell me when they tried to take it back, he licked the chicken.

 
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I'm currently working on preparing to meet with my client later this evening to write our answers to Uniform and Non-Uniform Interrogatories. I am the Plaintiff's attorney and I have never done this before. Any general tips/suggestions? It's an intentional tort (battery) as well as a negligence case. Brief facts are my client was sucker punched in a bar, with bouncers failing to stop the assailant when he ran up behind client, and my client suffered significant injuries.

 
I have some amazing fake stories about my fake clients that you literally wouldn't believe. But, that's what happens when you're a fake lawyer like I am.

 
I'm currently working on preparing to meet with my client later this evening to write our answers to Uniform and Non-Uniform Interrogatories. I am the Plaintiff's attorney and I have never done this before. Any general tips/suggestions? It's an intentional tort (battery) as well as a negligence case. Brief facts are my client was sucker punched in a bar, with bouncers failing to stop the assailant when he ran up behind client, and my client suffered significant injuries.
Tell the truth?

 
Oh, and assume every answer you give will be projected on a six-foot high screen during trial while your client is questioned.

 
I'm currently working on preparing to meet with my client later this evening to write our answers to Uniform and Non-Uniform Interrogatories. I am the Plaintiff's attorney and I have never done this before. Any general tips/suggestions? It's an intentional tort (battery) as well as a negligence case. Brief facts are my client was sucker punched in a bar, with bouncers failing to stop the assailant when he ran up behind client, and my client suffered significant injuries.
Eh, only give them what you want to give them and object to everything.

 
I'm currently working on preparing to meet with my client later this evening to write our answers to Uniform and Non-Uniform Interrogatories. I am the Plaintiff's attorney and I have never done this before. Any general tips/suggestions? It's an intentional tort (battery) as well as a negligence case. Brief facts are my client was sucker punched in a bar, with bouncers failing to stop the assailant when he ran up behind client, and my client suffered significant injuries.
Tell the truth?
That's a start.

 
I'm currently working on preparing to meet with my client later this evening to write our answers to Uniform and Non-Uniform Interrogatories. I am the Plaintiff's attorney and I have never done this before. Any general tips/suggestions? It's an intentional tort (battery) as well as a negligence case. Brief facts are my client was sucker punched in a bar, with bouncers failing to stop the assailant when he ran up behind client, and my client suffered significant injuries.
Tell the truth?
That's a start.
The depositions are going to be what's critical in this case, not interrogatory responses. Provide the minimum information necessary to answer the interrogatories adequately, assert the appropriate objections to protect your client, and be done with it. When in doubt, ask yourself if you could convince a judge with your argument as to why you answered (or couldn't answer) an interrogatory the way you did.

 
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I will say, when the case will look stupid to a defense attorney, it's important to include facts and ideas in your discovery responses that make them realize they have to take this seriously, if you ever want to settle it. If you're assuming trial, fine, but if you want to settle you don't want months of status reports saying the case is worth pennies before you get to real settlement talks.

But your case doesn't sound like one of those.

 
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A war story with minimal identifying information.

Husband, a cocky, insecure little man marries trophy wife substantially younger than he. Even at 38 she was a solid 9 on anybody's scale and a 10 on many. She had earned her living modeling. His insecurity drives a wedge in marriage. Wedge turns to suspicions she is fooling around (though she maintains that was not true and there is no evidence of it) Controlling behavior leads to violence, escalating from episode to episode. He checks mileage on her car to see where she's been, sniffs her panties on her return home, pretty standard stuff really but the beatings commence. The beating which eventually landed him in court with me included a broken jaw, a concussion, and then him shearing off her hair and then gouging her scalp with an electric trimmer. The gouge was closed with 28 stiches and staples and photographed beautifully and stood in stark contrast to her flowing blond hair from her professional headshots. She maintains he said he did this so that no man would want her.

By trial she is starting to recant her story a bit and is a reluctant witness. Perhaps because he " Kobi Bryanted" her with a large ring and a new Mercedes. Still, trial is going fairly well. Pictures, medical records, recorded statements ,excited utterances, hearsay from medical provider associated with treatment. What we are not getting out to the jury is just what a #### the guy is.

He takes the stand in his own defense. Before I finish cross I ask for a brief recess to consult with the victim. I want to clarify one or two things he testilied to on the stand. We use the conference room in the vestibule of the courtroom. We are in there maybe a minute, probably less, and return to the courtroom. At that point he rises up in the stand and points at me and shouts out in the presence of the jury that he objects. "Your Honor" he says, "that damn Prosecutor just had sex with my wife!" At which point I respond that I object. "To his statement", says the Judge. No, I say that she is certainly attractive enough that a man might harbor such desires, and the allegation is not on its face inconceivable, though it is outrageous, but that I would be done with the act that fast cast aspersions on me as a man. That's what I object to.

The jury falls out laughing. The defense attorney does a literal spit take as he roars to his feet to protest, The Judge states "Dickaless Wonders, in my Chambers, NOW!" The bailiff holds the jury. The Defense Counsel wants in Chambers too. The Judge says just a minute. In we go. Once the door closes the Judge busts out laughing and says that I just won the case, just watch. The Defense Attorney is admitted to Chambers and first I get a dressing down, then he does for not having control of his client. My dressing down was sterner. Strenuous objects were had. The Judge takes us back into courtroom and strenuous objections are made on the record. The trial is going to proceed none the less. The jury is brought back into the room. Two of the male jurors give me the high sign. All of the women jurors are now clearly angry at the husband. The husband is now sulking, angry, and truculent, having been the butt of my joke.

The husband was convicted in less than 10 minutes.

 
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I will say, when the case will look stupid to a defense attorney, it's important to include facts and ideas in your discovery responses that make them realize they have to take this seriously, if you ever want to settle it. If you're assuming trial, fine, but if you want to settle you don't want months of status reports saying the case is worth pennies before you get to real settlement talks.

But your case doesn't sound like one of those.
The only thing that they're going to take seriously in an assault and battery case in interrogatory responses are the medicals. Everything else they're going to be thinking "yeah sure" until they hear the live witness testimony.

 
Ditkaless Wonders said:
A war story with minimal identifying information.

Husband, a cocky, insecure little man marries trophy wife substantially younger than he. Even at 38 she was a solid 9 on anybody's scale and a 10 on many. She had earned her living modeling. His insecurity drives a wedge in marriage. Wedge turns to suspicions she is fooling around (though she maintains that was not true and there is no evidence of it) Controlling behavior leads to violence, escalating from episode to episode. He checks mileage on her car to see where she's been, sniffs her panties on her return home, pretty standard stuff really but the beatings commence. The beating which eventually landed him in court with me included a broken jaw, a concussion, and then him shearing off her hair and then gouging her scalp with an electric trimmer. The gouge was closed with 28 stiches and staples and photographed beautifully and stood in stark contrast to her flowing blond hair from her professional headshots. She maintains he said he did this so that no man would want her.

By trial she is starting to recant her story a bit and is a reluctant witness. Perhaps because he " Kobi Bryanted" her with a large ring and a new Mercedes. Still, trial is going fairly well. Pictures, medical records, recorded statements, Excited utterances, Hearsay from medical provider associated with treatment. What we are not getting out to the jury is just what a #### the guy is.

He takes the stand in his own defense. Before I cross I ask for a brief recess to consult with the victim. I want to clarify one or two things he testilied to on the stand. We use the conference room in the vestibule of the courtroom. We are in there maybe a minute, probably less and return to the courtroom. At that point he rises up in the stand and points at me and shouts out in the presence of the jury that he objects. "Your Honor" he says, "that damn Prosecutor just had sex with my wife!" At which point I respond that I object. "To his statement", says the Judge. No, I say that she is certainly attractive enough that a man might harbor such desires and the allegation is not on its face inconceivable, if outrageous, but that I would be done with the act that fast cast aspersions on me as a man.

The jury falls out laughing. The defense attorney does a literal spit take as he roars to his feet to protest, The Judge states "Dickaless Wonders, in my chambers, NOW!" The bailiff holds the jury. The Defense Counsel wants in Chambers too. The Judge says just a minute. In we go. Once the door closes the Judge busts out laughing and says that I just won the case, just watch. The Defense Attorney is admitted to Chambers and first I get a dressing down, then he does for not having control of his client. My dressing down was sterner. Strenuous objects were had. The Judge takes us back into courtroom and strenuous objections are made on the record. The trial is going to proceed none the less. The jury is brought back into the room. Two of the male jurors give me the high sign. All of the women jurors are now clearly angry at the husband. The husband is now sulking, angry, and truculent, having bee the butt of my joke.

The husband was convicted in less than 10 minutes.
:lmao:

I love stories like that. The #### people do when they're under the stress of litigation and trial is unbelievable at times. It's a strange petri dish that we get to peer into as litigators.

I love the way your judge handled it, BTW. :thumbup:

 
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About 10 years ago I and my former partner who was also my law school classmate and still is my best friend were trying a business litigation case. We were defending two Mexican nationals who were accused of stealing over $1M in farming equipment from a gigantic Japanese-American farming concern that was based in (U.S.) California but had extensive growing operations in Mexico that our clients had handled. Because of Mexican law, the property had to be in my clients' names, but it was still owned in fact by the US company.

The owners of the company were two old Japanese-American brothers whose roots dated back to before internment in CA. They were very conservative and up tight. They held all the cards in this case as they had the money for some high powered attorneys, formerly of a high profile national firm, and we had proof problems because so much of what had happened was in Mexico and basically beyond our subpena power. We were pretty screwed.

Their attorneys also thought we were just two young, wet-behind-the-ears attorneys who didn't know #### about #### and we had two rough-around-the-edges Mexican farmers for clients while they had two old time American citizens, so the lead attorney for the plaintiffs wasn't even attending every day of trial. This included the day that they put on one of the two brothers to testify as part of their case-in-chief.

In working with our clients, they'd mentioned to us that this particular brother had had an affair with a worker in their office, who I'll refer to as "Hope Iwashiri". This particular brother was also a bit of a hothead. I decided that early on in my full-court-press-cross, I'd find a way to mention her and try to throw him off balance.

They finally sat down and allowed me to start cross at like 4:15 on a Friday (which sucked, but I digress). I launch into the scripted beginning of my cross, which finds a way, while laying foundation, to mention several names working in the office, including Hope Iwashiri. I then paused, and said, "You're familiar with Hope Iwashiri, aren't you? ;) " I made sure to wink with the eye away from the jury box.

He may have started the cross-examination yellow, but he went as white as a sheet.

I didn't have much more time, maybe 10 more minutes, but he was imbalanced and distracted the rest of the way before the end of the court day. In the hallway afterwards he was berating his attorney for the lead attorney being absent. :lol:

Damn I still wish I had one more hour of him before court adjourned for the weekend.

 
Ditkaless Wonders said:
A war story with minimal identifying information.

Husband, a cocky, insecure little man marries trophy wife substantially younger than he. Even at 38 she was a solid 9 on anybody's scale and a 10 on many. She had earned her living modeling. His insecurity drives a wedge in marriage. Wedge turns to suspicions she is fooling around (though she maintains that was not true and there is no evidence of it) Controlling behavior leads to violence, escalating from episode to episode. He checks mileage on her car to see where she's been, sniffs her panties on her return home, pretty standard stuff really but the beatings commence. The beating which eventually landed him in court with me included a broken jaw, a concussion, and then him shearing off her hair and then gouging her scalp with an electric trimmer. The gouge was closed with 28 stiches and staples and photographed beautifully and stood in stark contrast to her flowing blond hair from her professional headshots. She maintains he said he did this so that no man would want her.

By trial she is starting to recant her story a bit and is a reluctant witness. Perhaps because he " Kobi Bryanted" her with a large ring and a new Mercedes. Still, trial is going fairly well. Pictures, medical records, recorded statements, Excited utterances, Hearsay from medical provider associated with treatment. What we are not getting out to the jury is just what a #### the guy is.

He takes the stand in his own defense. Before I cross I ask for a brief recess to consult with the victim. I want to clarify one or two things he testilied to on the stand. We use the conference room in the vestibule of the courtroom. We are in there maybe a minute, probably less and return to the courtroom. At that point he rises up in the stand and points at me and shouts out in the presence of the jury that he objects. "Your Honor" he says, "that damn Prosecutor just had sex with my wife!" At which point I respond that I object. "To his statement", says the Judge. No, I say that she is certainly attractive enough that a man might harbor such desires and the allegation is not on its face inconceivable, if outrageous, but that I would be done with the act that fast cast aspersions on me as a man.

The jury falls out laughing. The defense attorney does a literal spit take as he roars to his feet to protest, The Judge states "Dickaless Wonders, in my chambers, NOW!" The bailiff holds the jury. The Defense Counsel wants in Chambers too. The Judge says just a minute. In we go. Once the door closes the Judge busts out laughing and says that I just won the case, just watch. The Defense Attorney is admitted to Chambers and first I get a dressing down, then he does for not having control of his client. My dressing down was sterner. Strenuous objects were had. The Judge takes us back into courtroom and strenuous objections are made on the record. The trial is going to proceed none the less. The jury is brought back into the room. Two of the male jurors give me the high sign. All of the women jurors are now clearly angry at the husband. The husband is now sulking, angry, and truculent, having bee the butt of my joke.

The husband was convicted in less than 10 minutes.
Now this kind of lawyer story I like. Lol
 
T Bell said:
Henry Ford said:
I will say, when the case will look stupid to a defense attorney, it's important to include facts and ideas in your discovery responses that make them realize they have to take this seriously, if you ever want to settle it. If you're assuming trial, fine, but if you want to settle you don't want months of status reports saying the case is worth pennies before you get to real settlement talks.

But your case doesn't sound like one of those.
The only thing that they're going to take seriously in an assault and battery case in interrogatory responses are the medicals. Everything else they're going to be thinking "yeah sure" until they hear the live witness testimony.
Depends. If their client is saying your guy was the aggressor and you're saying you've got three witness statements backing up that he had a beer bottle broken over his head before he even got up from the tablr, attorneys tend to start reevaluating.

 
I did not set out to be a Prosecutor, far from it, after two years clerking for a Judge I joined a high end firm dealing with criminal defense and medical malpractice primarily. Through a set of circumstance involving a failed relationship for me, and the partners having a falling out, the firm restructured and I did not have a landing spot, though they did promise something in three to six months. Well I was admitted in Colorado as well as in Minnesota (I did well on the bar exam and in those days with a sufficiently adequate score on the multistate portion it was possible to waive into many jurisdictions. Maybe it still is, I no longer concern myself with such matters.) At any rate I found myself a stranger in a strange town where hispanic surnames were more common than the norski surnames dominating the frozen north. I managed to latch on as a Prosecutor, a temporary gig I thought at the time. I prosecuted misdemeanors like they were going out of style. I had one jury trial every week and two to three bench trials a day along with maybe 40 pre-trials where things got bargained at a senseless rate.

At any rate the work blurred together and I was Prosecuting Vigils and Trujillos y Martinez's izquierda y derecha. I thought nothing of it, they were the Mexican Smith or Jones.

One day I get a letter from a family matriarch. The family name is not important but it was one of the more common names in the region. It seems I had nearly two dozen of her kin behind bars for one thing or another, at least that was how she saw it. She personalized it to me rather than to the system, or to their own personal responsibility for their behavior. She was mad at me. She didn't understand that I did not pick my cases, that files were thrust upon me as the low man on the office totem pole. She figured I had it in for her people and she was going to let it all out in a letter. It seems I was a pendejo. It seems she wished to defecate on my dead ancestors, something which I understand is a very serious matter if one is from the Chiapas region of Mexico. She suggested acts which would have suggested I have an abnormally lengthy penis, but one sadly quite miss-sharpened with more than one severe bend in it. She was quite expressive and I had unwittingly stirred her passions.

Once the letter started to wind down she assured me there would be justice for my personal vendetta against her family. (Seems "vendetta" is not just a Sicilian concept.) She was going to see that every one of my convictions was appealed. She was going to take matters to the Court of Appeals, to the Supreme Court, to Congress, to the Governor, to the President, hell she would take it to the (the Caps were hers at the time) HIGHEST COURT IN THE LAND. SHE WOULD TAKE IT TO TED KOPPEL OF NIGHT LINE. Right about here in her letter she let loose a barrage of exclamation points. It was quite forceful. Kids today have their rules for the internet, but let me tell you, back in the IBM Selectric II world all caps and dozens of exclamation points were a major breach of social etiquette the likes of which cannot be fully appreciated today. It was clear she was not to be trifled with and yet I had meddled with her primal matriarchal instincts.

Now the only way this story was worth typing up is if you lived through the Ted Koppel Nightline years, but for those who did I bet the story brought a smile. It likely also brought a smile to those who agree with the old woman that I am a pendejo.

 
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I did not set out to be a Prosecutor, far from it, after two years clerking for a Judge I joined a high end firm dealing with criminal defense and medical malpractice primarily. Through a set of circumstance involving a failed relationship for me, and the partners having a falling out, the firm restructured and I did not have a landing spot, though they did promise something in three to six months. Well I was admitted in Colorado as well as in Minnesota (I did well on the bar exam and in those days with a sufficiently adequate score on the multistate portion it was possible to waive into many jurisdictions. Maybe it still is, I no longer concern myself with such matters.) At any rate I found myself a stranger in a strange town where hispanic surnames were more common than the norski surnames dominating the frozen north. I managed to latch on as a Prosecutor, a temporary gig I thought at the time. I prosecuted misdemeanors like they were going out of style. I had one jury trial every week and two to three bench trials a day along with maybe 40 pre-trials where things got bargained at a senseless rate.

At any rate the work blurred together and I was Prosecuting Vigils and Trujillos y Martinez's izquierda y derecha. I thought nothing of it, they were the Mexican Smith or Jones.

One day I get a letter from a family matriarch. The family name is not important but it was one of the more common names in the region. It seems I had nearly two dozen of her kin behind bars for one thing or another, at least that was how she saw it. She personalized it to me rather than to the system, or to their own personal responsibility for their behavior. She was mad at me. She didn't understand that I did not pick my cases, that files were thrust upon me as the low man on the office totem pole. She figured I had it in for her people and she was going to let it all out in a letter. It seems I was a pendejo. It seems she wished to defecate on my dead ancestors, something which I understand is a very serious matter if one is from the Chiapas region of Mexico. She suggested acts which would have suggested I have an abnormally lengthy penis, but one sadly quite miss-sharpened with more than one severe bend in it. She was quite expressive and I had unwittingly stirred her passions.

Once the letter started to wind down she assured me there would be justice for my personal vendetta against her family. (Seems "vendetta" is not just a Sicilian concept.) She was going to see that every one of my convictions was appealed. She was going to take matters to the Court of Appeals, to the Supreme Court, to Congress, to the Governor, to the President, hell she would take it to the (the Caps were hers at the time) HIGHEST COURT IN THE LAND. SHE WOULD TAKE IT TO TED KOPPEL OF NIGHT LINE. Right about here in her letter she let loose a barrage of exclamation points. It was quite forceful. Kids today have their rules for the internet, but let me tell you, back in the IBM Selectric II world all caps and dozens of exclamation points were a major breach of social etiquette the likes of which cannot be fully appreciated today. It was clear she was not to be trifled with and yet I had meddled with her primal matriarchal instincts.

Now the only way this story was worth typing up is if you lived through the Ted Koppel Nightline years, but for those who did I bet the story brought a smile. It likely also brought a smile to those who agree with the old woman that I am a pendejo.
DW, the old woman may have been right about you being a pendejo. But, dammit, you are our pendejo. :sniffle:Keep the stories coming.

 
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Here's a war story; one Saturday I was supposed to go to NYC to meet some friends. Instead I was at the office until 1am. The case settled on Tuesday. My hours didn't count towards my billable goal. The end.

 
Here's a war story; one Saturday I was supposed to go to NYC to meet some friends. Instead I was at the office until 1am. The case settled on Tuesday. My hours didn't count towards my billable goal. The end.
I was asked to "help" out on a state appellate brief on some zoning decision (after the partner had taken the assignment and forgotten about it for month). I know absolutely no zoning law, but was told it would simply be a matter of putting some polish on local counsel's brief (he had done zoning law for 30 year). I was told it would be 40 hours, max. I had other billing work, but no urgent deadline so I put it aside.

The client then decided they were pissed at local counsel, so they didn't want him to write the brief. So I had three weeks to learn the record (thousands of pages), teach myself the Byzantine zoning ordinances at issue, and write an Appellee's brief responding to the worst type of opponent's brief. The brief that throws about 1000 different theories at the wall and sees if one sticks. So I spent something like 180 billable hours (over the holidays) on the case, pulling plenty of 1AM and 2AM nights and working the weekends, but finally produced a pretty good brief (the resulting per curiam opinion adopted huge sections of it wholesale). I had gone to the billing partner and raised some concerns that I had billed more than I would have liked on the brief, so he asked me to write 70 of the hours off to business development. I didn't get billable credit for that, but whatever.

The next month, I notice that the entire month's work had been written off. I got no billable credit for the entire 180 hours. It took me under the hours target for a bonus. If I had declined the work and just done the billable work I already had, I would have made it without problem. But then I wouldn't have been a "team player."

 
Here's a war story; one Saturday I was supposed to go to NYC to meet some friends. Instead I was at the office until 1am. The case settled on Tuesday. My hours didn't count towards my billable goal. The end.
I was asked to "help" out on a state appellate brief on some zoning decision (after the partner had taken the assignment and forgotten about it for month). I know absolutely no zoning law, but was told it would simply be a matter of putting some polish on local counsel's brief (he had done zoning law for 30 year). I was told it would be 40 hours, max. I had other billing work, but no urgent deadline so I put it aside.

The client then decided they were pissed at local counsel, so they didn't want him to write the brief. So I had three weeks to learn the record (thousands of pages), teach myself the Byzantine zoning ordinances at issue, and write an Appellee's brief responding to the worst type of opponent's brief. The brief that throws about 1000 different theories at the wall and sees if one sticks. So I spent something like 180 billable hours (over the holidays) on the case, pulling plenty of 1AM and 2AM nights and working the weekends, but finally produced a pretty good brief (the resulting per curiam opinion adopted huge sections of it wholesale). I had gone to the billing partner and raised some concerns that I had billed more than I would have liked on the brief, so he asked me to write 70 of the hours off to business development. I didn't get billable credit for that, but whatever.

The next month, I notice that the entire month's work had been written off. I got no billable credit for the entire 180 hours. It took me under the hours target for a bonus. If I had declined the work and just done the billable work I already had, I would have made it without problem. But then I wouldn't have been a "team player."
That's complete bull#### by your partners. That kind of stuff really pisses me off.

I get that they don't want to bill the client for your "education" in zoning law, but the fact is that you did the work and got their chestnuts out of a fire. You should get credit for that for a bonus.

 
Here's a war story; one Saturday I was supposed to go to NYC to meet some friends. Instead I was at the office until 1am. The case settled on Tuesday. My hours didn't count towards my billable goal. The end.
I was asked to "help" out on a state appellate brief on some zoning decision (after the partner had taken the assignment and forgotten about it for month). I know absolutely no zoning law, but was told it would simply be a matter of putting some polish on local counsel's brief (he had done zoning law for 30 year). I was told it would be 40 hours, max. I had other billing work, but no urgent deadline so I put it aside.

The client then decided they were pissed at local counsel, so they didn't want him to write the brief. So I had three weeks to learn the record (thousands of pages), teach myself the Byzantine zoning ordinances at issue, and write an Appellee's brief responding to the worst type of opponent's brief. The brief that throws about 1000 different theories at the wall and sees if one sticks. So I spent something like 180 billable hours (over the holidays) on the case, pulling plenty of 1AM and 2AM nights and working the weekends, but finally produced a pretty good brief (the resulting per curiam opinion adopted huge sections of it wholesale). I had gone to the billing partner and raised some concerns that I had billed more than I would have liked on the brief, so he asked me to write 70 of the hours off to business development. I didn't get billable credit for that, but whatever.

The next month, I notice that the entire month's work had been written off. I got no billable credit for the entire 180 hours. It took me under the hours target for a bonus. If I had declined the work and just done the billable work I already had, I would have made it without problem. But then I wouldn't have been a "team player."
You didn't get credit for written off time? That's a pretty harsh policy, one that basically should prevent any and all first year associates from meeting their hours.
 
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Here's a war story; one Saturday I was supposed to go to NYC to meet some friends. Instead I was at the office until 1am. The case settled on Tuesday. My hours didn't count towards my billable goal. The end.
I was asked to "help" out on a state appellate brief on some zoning decision (after the partner had taken the assignment and forgotten about it for month). I know absolutely no zoning law, but was told it would simply be a matter of putting some polish on local counsel's brief (he had done zoning law for 30 year). I was told it would be 40 hours, max. I had other billing work, but no urgent deadline so I put it aside.

The client then decided they were pissed at local counsel, so they didn't want him to write the brief. So I had three weeks to learn the record (thousands of pages), teach myself the Byzantine zoning ordinances at issue, and write an Appellee's brief responding to the worst type of opponent's brief. The brief that throws about 1000 different theories at the wall and sees if one sticks. So I spent something like 180 billable hours (over the holidays) on the case, pulling plenty of 1AM and 2AM nights and working the weekends, but finally produced a pretty good brief (the resulting per curiam opinion adopted huge sections of it wholesale). I had gone to the billing partner and raised some concerns that I had billed more than I would have liked on the brief, so he asked me to write 70 of the hours off to business development. I didn't get billable credit for that, but whatever.

The next month, I notice that the entire month's work had been written off. I got no billable credit for the entire 180 hours. It took me under the hours target for a bonus. If I had declined the work and just done the billable work I already had, I would have made it without problem. But then I wouldn't have been a "team player."
You didn't get credit for written off time? That's a pretty harsh policy, one that basically should prevent any and all first year associates from meeting their hours.
Yeah, I should have been more accurate. It wasn't "written off" because that would have made the partner look bad. It was also moved into business development. Which was worse for me than being written off because I had already maxed out the BD/pro bono hours that could be counted toward the billable target.

 
When I was working in my firm I had to try a non jury case on a zoning appeal where the firm was the board attorney. Neighbor sued the board for granting something or other. My boss did the work that I had to defend in trial. It was not easy because he did kind of screw up. Not bad but enough that there was an opening for them among the other things they were going after.

Plaintiffs attorney was the top 1 or 2 zoning guys in the region. The co-defense counsel with me who represented the property owner was the other of the 1 or 2 top zoning guys in the region. And then me. And it was in front of our top judge. Needless to say they all knew each other to the point that it was visible I was the outsider. You get over it quick.

So plaintiff goes. Great case. Co defense goes, great case. They had a solid back and forth with the judge, good questions, good answers, the judge was enganged, it was everything you think about an oral argument/bench trial on these type of issues. Then me. I start expected to get a question when I get to one point and nothing. Then more nothing. 10 minutes into talking and go over my clients position and nothing. Stone cold dead silence in the room. You couldn't just hear a pin drop, you could hear the electrons zipping around the core of the atoms in the pin. I hate not getting into an argument with the judge. It's really the only thing that gets me off my game in a court room. So I get to the end of my notes and I really had nothing left so I looked at the judge and said I would rest unless the court had questions. Without hesitation he looks at plaintiff's attorney and asks for rebuttal. He starts his rebuttal and they go right back to questions and arguments and all the judge lawyer stuff I was expecting. I wasn't really allowed to talk anymore.

He excuses us to review everything and we go out in the hall. I must have looked like I got gut punched because both of the other attorneys at the same time said don't worry about it, you did everything you were supposed to do. Ok, I guess. The judge calls us into chambers to basically tell us that he is reserving his decision and excuses us. As I was walking out the judge says, counsel, good job in there. I looked at him and said, then why didn't you ask me any questions? I thought I was falling on my face. He laughed and said, no, you did everything you had to. I didn't have any questions for you because just as I was about to ask one you answered it without me asking. How long did you guys at the firm work on this case. I told him I did it all by myself. He asked if the partners prepped me and I said no. He looked and said, then how did you know the questions that I would ask in your arugment? I told him that since the other two attorneys were the real experts in the field I would not try to compete and just cut to the absolute necessary information and just hit everything with bullet points.

He smiled and said, do me a favor, next time you have a case with them, give them your notes. I had to ask them all those questions because they would never get to the point I needed them to get to and they wouldn't answer the questions clearly enough for me. Absolutely judge!

I was the man. I figured, hell I won this case. Judge loved me, I stood up to the big guys and the judge said I did better than them in court. Great day. Perfect day. Got the order two days later. I lost every single ****ing count of the complaint. Every. Single. Count. I actually had to call the judge's chambers and ask the secretary if I was reading it right. I had told my boss how the judge loved me and on and on..... got ##### slapped lilke a rented mule.

I still laugh at that whole case. Eh, what can you do....

(granted this was not a juicy divorce type story and I have a ton of them, but this one always sticks me with for the lessons learned)

 
Here's a war story; one Saturday I was supposed to go to NYC to meet some friends. Instead I was at the office until 1am. The case settled on Tuesday. My hours didn't count towards my billable goal. The end.
I was asked to "help" out on a state appellate brief on some zoning decision (after the partner had taken the assignment and forgotten about it for month). I know absolutely no zoning law, but was told it would simply be a matter of putting some polish on local counsel's brief (he had done zoning law for 30 year). I was told it would be 40 hours, max. I had other billing work, but no urgent deadline so I put it aside.

The client then decided they were pissed at local counsel, so they didn't want him to write the brief. So I had three weeks to learn the record (thousands of pages), teach myself the Byzantine zoning ordinances at issue, and write an Appellee's brief responding to the worst type of opponent's brief. The brief that throws about 1000 different theories at the wall and sees if one sticks. So I spent something like 180 billable hours (over the holidays) on the case, pulling plenty of 1AM and 2AM nights and working the weekends, but finally produced a pretty good brief (the resulting per curiam opinion adopted huge sections of it wholesale). I had gone to the billing partner and raised some concerns that I had billed more than I would have liked on the brief, so he asked me to write 70 of the hours off to business development. I didn't get billable credit for that, but whatever.

The next month, I notice that the entire month's work had been written off. I got no billable credit for the entire 180 hours. It took me under the hours target for a bonus. If I had declined the work and just done the billable work I already had, I would have made it without problem. But then I wouldn't have been a "team player."
You didn't get credit for written off time? That's a pretty harsh policy, one that basically should prevent any and all first year associates from meeting their hours.
Yeah, I should have been more accurate. It wasn't "written off" because that would have made the partner look bad. It was also moved into business development. Which was worse for me than being written off because I had already maxed out the BD/pro bono hours that could be counted toward the billable target.
That does suck. My current big firm has a policy that any partner who tries to write off more than 10% of the hours an associate spends on a project is required to go through a huge bureaucratic hassle. Which of course leads to partners demanding the associates cut their own time in the manner you described. Crappy system.

 
Here's a war story; one Saturday I was supposed to go to NYC to meet some friends. Instead I was at the office until 1am. The case settled on Tuesday. My hours didn't count towards my billable goal. The end.
I was asked to "help" out on a state appellate brief on some zoning decision (after the partner had taken the assignment and forgotten about it for month). I know absolutely no zoning law, but was told it would simply be a matter of putting some polish on local counsel's brief (he had done zoning law for 30 year). I was told it would be 40 hours, max. I had other billing work, but no urgent deadline so I put it aside.

The client then decided they were pissed at local counsel, so they didn't want him to write the brief. So I had three weeks to learn the record (thousands of pages), teach myself the Byzantine zoning ordinances at issue, and write an Appellee's brief responding to the worst type of opponent's brief. The brief that throws about 1000 different theories at the wall and sees if one sticks. So I spent something like 180 billable hours (over the holidays) on the case, pulling plenty of 1AM and 2AM nights and working the weekends, but finally produced a pretty good brief (the resulting per curiam opinion adopted huge sections of it wholesale). I had gone to the billing partner and raised some concerns that I had billed more than I would have liked on the brief, so he asked me to write 70 of the hours off to business development. I didn't get billable credit for that, but whatever.

The next month, I notice that the entire month's work had been written off. I got no billable credit for the entire 180 hours. It took me under the hours target for a bonus. If I had declined the work and just done the billable work I already had, I would have made it without problem. But then I wouldn't have been a "team player."
That type of stuff is why I left my junior partnership at a 75 lawyer firm.

Being solo has its own issues, but that type of stuff aint one of em. I write down client bills all the time now . . . if I choose.

 
T Bell said:
Henry Ford said:
I will say, when the case will look stupid to a defense attorney, it's important to include facts and ideas in your discovery responses that make them realize they have to take this seriously, if you ever want to settle it. If you're assuming trial, fine, but if you want to settle you don't want months of status reports saying the case is worth pennies before you get to real settlement talks.

But your case doesn't sound like one of those.
The only thing that they're going to take seriously in an assault and battery case in interrogatory responses are the medicals. Everything else they're going to be thinking "yeah sure" until they hear the live witness testimony.
Depends. If their client is saying your guy was the aggressor and you're saying you've got three witness statements backing up that he had a beer bottle broken over his head before he even got up from the tablr, attorneys tend to start reevaluating.
The entire incident is on video. Altercation begins in the bar (due to an ongoing work feud between client and assailant and fact my client put his arm around assailant's wife). Assailant grabs my client's arm and challenges him to a fight. My client makes his way to the exit. As my client is at the exit doors assailant runs up from behind, past security, and lands quite possibly the most vicious uppercut I've ever seen. Assailant has already pled guilty in the criminal court. So, factual disputes are really about what led up to the incident (my client's intoxication, assailant's intoxication, my client's potential provocation, etc.).

Difficulty in the case at the moment is that, in my opinion, the bar probably has some very solid defenses and I'm not confident I can get past a summary judgment. The assailant is presently being back by his insurance, but realistically at any time they could try to indemnify themselves because I'm his insurance coverage doesn't cover this type of behavior (although I've talked to the insurance company and they want to back the assailant as much as they can for good faith business purposes).

 
I prosecuted misdemeanors like they were going out of style. I had one jury trial every week and two to three bench trials a day along with maybe 40 pre-trials where things got bargained at a senseless rate.
Translation: you gave ####ty offers and the defense bar had to train you. :P

 
That kind of BS would never be tolerated at my firm.

Edit: The kind of crap Scoob's partner pulled.

 
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