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The Lawyer Thread Where We Stop Ruining Other Threads

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On 7/20/2019 at 6:48 PM, Instinctive said:

Have y'all ever had a DA subpoena someone from a vacation trip who witnessed an assault? Wife's friend asked advice, and I don't feel like I can give a good answer.

 

Basically, a guy hit a store clerk and she was in the store. Cop says she may be subpoenaed as the only other state resident who saw, though she was with a couple friends who are from other states. Catch is, she's a student in a different state as well as not living in the actual city where the crime happened. So: assuming she can be subpoenaed at her in-state residence, which is currently sublet to someone else who gets her mail for her and sends it to grad school address, can she just respond that she's a student and has no plans to be back in the state for ## days?

 

And even if in the state, what would a resident of another city (like a 4 hour drive away) actually do? This is not something we really discussed much beyond the most basic FRCP stuff in law school and I have not practiced since becoming a member of the bar and going inactive.

Do you still need an answer on this? 

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On Thursday I’m arguing in front of an appellate court panel about a constitutional issue. I kinda feel like calling my old law school and telling them that I’m actually going to do what they implied was regular practice for a lawyer.  

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3 hours ago, Zow said:

On Thursday I’m arguing in front of an appellate court panel about a constitutional issue. I kinda feel like calling my old la school and telling them that I’m actually going to do what they implied was regular practice for a lawyer.  

how's the new job and town going, zow?

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1 hour ago, El Floppo said:

how's the new job and town going, zow?

New job is basically the same as the old job except the office is fancier. 

New town (and its weather) are amazing. 

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1 hour ago, ghostguy123 said:

15

You may want to be careful about the contempt allegation.  While your stepdaughter is old enough that her wishes may be a factor for the court to consider, a judge may find your wife unreasonable if she is not advocating for meaningful parenting time with the other parent.  In my jurisdiction it's common for judges to admonish residential parents to actively encourage parenting time with the other parent and it is very common for the excuse of "well, the child doesn't want to go" to not be good enough.  

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9 minutes ago, Zow said:

You may want to be careful about the contempt allegation.  While your stepdaughter is old enough that her wishes may be a factor for the court to consider, a judge may find your wife unreasonable if she is not advocating for meaningful parenting time with the other parent.  In my jurisdiction it's common for judges to admonish residential parents to actively encourage parenting time with the other parent and it is very common for the excuse of "well, the child doesn't want to go" to not be good enough.  

She sees a therapist in large part due to the situation with her bio dad.  He is quite the narcissistic #####.  

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11 hours ago, Zow said:

Do you still need an answer on this? 

Sorry - no, the prior one about a local PD working with her if needed was sufficient to keep her from worrying. Thanks for the follow up!

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9 hours ago, Christo said:

That's funny. 

The below three stories are true, real case name situations for me.  This is going to be awkward because I'm not going to actually list their names for obvious reasons, but will try to explain it as best as I can. 

1. I once represented a guy charged with DUI with the same name as a popular brand of liquor. However, if memory serves correctly, he admitted to consuming light beer. 

2. I once was about to go to trial on a sexual assault case (gist of allegation was that the victim was too drunk to consent to sex) where I actually gave real thought to a motion in limine to seek some relief regarding the client's name.  At the settlement conference, the judge began the hearing by announcing the parties, stopped at my client's name, asked if it was serious, and then said, "wow, this may be the most unfortunate name for these types of allegations that I can imagine." We eventually settled the case so I never had to deal with it but, while I can't say his name, the guy would have been better off if his name was "Rapey McRaperson." 

3. Drug possession case. My client was accused with possessing a certain type of drug paraphernalia. Native American last name along the lines of "DancesWithWolves" or "CrazyHorse." Unfortunately his last name described the actual actus reus of the charge down to the name of the type of drug paraphernalia.  Prosecutor gave the factual basis at the plea hearing and it was basically a scene out of The Office.

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31 minutes ago, Zow said:

That's funny. 

The below three stories are true, real case name situations for me.  This is going to be awkward because I'm not going to actually list their names for obvious reasons, but will try to explain it as best as I can. 

1. I once represented a guy charged with DUI with the same name as a popular brand of liquor. However, if memory serves correctly, he admitted to consuming light beer. 

2. I once was about to go to trial on a sexual assault case (gist of allegation was that the victim was too drunk to consent to sex) where I actually gave real thought to a motion in limine to seek some relief regarding the client's name.  At the settlement conference, the judge began the hearing by announcing the parties, stopped at my client's name, asked if it was serious, and then said, "wow, this may be the most unfortunate name for these types of allegations that I can imagine." We eventually settled the case so I never had to deal with it but, while I can't say his name, the guy would have been better if his name was "Rapey McRaperson." 

3. Drug possession case. My client was accused with possessing a certain type of drug paraphernalia. Native American last name along the lines of "DancesWithWolves" or "CrazyHorse." Unfortunately his last name described the actual actus reus of the charge down to the name of the type of drug paraphernalia.  Prosecutor gave the factual basis at the plea hearing and it was basically a scene out of The Office.

1. Bud Ice

2. Oliver Closoff

3. Shooter Heroin McGavin

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On ‎7‎/‎17‎/‎2019 at 3:07 PM, CletiusMaximus said:

 

More fun from the federal courts on qualified immunity!

Summary:  If the police steal over $200k in cash and other valuables from you while executing a warrant, they're immune from your lawsuit!

https://www.courthousenews.com/wp-content/uploads/2019/03/FresnoMissingSeizure-9CA.pdf

 

Does that say it is not a clearly established violation of the fourth amendment while not addressing whether there might be other recourse or compensation for the theft, like, I don't know, charging the theft or suing over the depravation of the property through the theft. 

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On 8/20/2019 at 7:09 AM, gianmarco said:

Hey Lawyerguys.....

We just found out recently about a data breach at Pearson which is involved in educational software used by schools all across the country.  At first they said our district wasn't affected but yesterday they emailed saying "oops, yes it was".  We then got a specific email listing my son's name as being one of the names affected.

Now, the only information obtained, so they say, is his name and DOB.  In other things I've since read said that it may also have involved his email address.

Here are my issues

1)  Apparently Pearson learned about this a while ago but this is only just coming out.

2)  From articles I've read, Pearson has reached out to those affected.  We never heard anything about this or received anything about being affected.

3)  The email from our school district said while this information was obtained, there's essentially nothing to worry about as it was just name and DOB and seem to be minimizing the issue.  This, however, states otherwise.

4)  Pearson is apparently offering free credit monitoring for those affected.  However, this also wasn't even mentioned from our school district.

As I was trying to learn more about it, I came across this about a class action lawsuit.  Now, I know in the end, this probably isn't a big deal.  But these breaches are a problem.  And I am somewhat bothered by the fact that my son's information, even if only his name and DOB, is out there in this situation.  Would any of you recommend reaching out to that group about the class action suit?  Should I reach out to someone here locally for something like this?  Or should I not even bother?

I want to reach out to our district and tell them that, while not their fault, they should not be minimizing this situation and should at least be informing families of free credit monitoring.  But before I do that, I wonder if it's better to wait and consider these other options first.

Thoughts?

Bump?

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10 minutes ago, Gawain said:

1. Bud Ice

2. Oliver Closoff

3. Shooter Heroin McGavin

1. Jose Cuervo

2. Hugh G. Cockcram

3. Standing Crackpipe

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:lmao: some really good guesses as to 3. Can't comment as to 1.  2 isn't that obvious so none close yet. 

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2 hours ago, Zow said:

That's funny. 

The below three stories are true, real case name situations for me.  This is going to be awkward because I'm not going to actually list their names for obvious reasons, but will try to explain it as best as I can. 

1. I once represented a guy charged with DUI with the same name as a popular brand of liquor. However, if memory serves correctly, he admitted to consuming light beer. 

2. I once was about to go to trial on a sexual assault case (gist of allegation was that the victim was too drunk to consent to sex) where I actually gave real thought to a motion in limine to seek some relief regarding the client's name.  At the settlement conference, the judge began the hearing by announcing the parties, stopped at my client's name, asked if it was serious, and then said, "wow, this may be the most unfortunate name for these types of allegations that I can imagine." We eventually settled the case so I never had to deal with it but, while I can't say his name, the guy would have been better if his name was "Rapey McRaperson." 

3. Drug possession case. My client was accused with possessing a certain type of drug paraphernalia. Native American last name along the lines of "DancesWithWolves" or "CrazyHorse." Unfortunately his last name described the actual actus reus of the charge down to the name of the type of drug paraphernalia.  Prosecutor gave the factual basis at the plea hearing and it was basically a scene out of The Office.

Biff Hennessy

Rod Muffcracker

Runs with Needle in Bone

 

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16 hours ago, Ditkaless Wonders said:

Does that say it is not a clearly established violation of the fourth amendment while not addressing whether there might be other recourse or compensation for the theft, like, I don't know, charging the theft or suing over the depravation of the property through the theft. 

The court notes in dicta that the plaintiffs have other remedies, but the main holding is no constitutional claims due to immunity.

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10 hours ago, Gawain said:

Was glad this wasn't Woz.

Sucker Punch

Ha, nope but I'm very familiar with that office and have spent plenty of time in the 4th Ave. jail. 

I also had a coworker at my first public defender job get attacked by a client during a sentencing hearing.  Attorney dislocated his shoulder because the client's handcuffs were around his upper torso and his shoulder got yanked hard when the guard (who did a nice job getting to the guy right away). He went to the hospital that afternoon and the next day, with his arm in a sling, stood in front of the judge and made sentencing arguments on the guy's behalf even though that same guy sent him to the hospital.* If that doesn't embody what a public defender is called to do then I don't know what does.** 

*We did make a motion to withdraw for the obvious conflict but the judge surprisingly denied it. 

** This attorney sadly died just a few weeks ago. 

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Also, oral argument before a panel when you're prepared is fun as ####. 

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sitting in a video deposition today.   the only reason that it's being videorecorded is to burn more money in an attempt by the defense to waste their primary policy limits.

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21 hours ago, Zow said:

Also, oral argument before a panel when you're prepared is fun as ####. 

Yaaaaaasss, queen.

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The day after oral argument we just got an interim order granting us the main relief I originally requested! 

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Question:  If both the plaintiff and the defendant do not show up for small claims court, what is supposed to happen?

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26 minutes ago, Galileo said:

Question:  If both the plaintiff and the defendant do not show up for small claims court, what is supposed to happen?

Here they'd dismiss it for want of prosecution.

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13 minutes ago, Christo said:

Here they'd dismiss it for want of prosecution.

Here?  Different procedures in different places?   I assumed there would be dismissal,  but instead there appears to have been a continuance granted when none was requested.  If the plaintiff is deceased, would the court automatically grant a continuance to allow time for the estate to be established?  

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10 hours ago, Galileo said:

Here?  Different procedures in different places?   I assumed there would be dismissal,  but instead there appears to have been a continuance granted when none was requested.  If the plaintiff is deceased, would the court automatically grant a continuance to allow time for the estate to be established?  

Small claims is a total crap-shoot, not only state-to-state but around here the procedures can vary wildly depending on which county you're in.  The process and outcome often depends on the mood of whatever magistrate or other low-level official you find yourself in front of that day.  That said, I would think in most cases across the board a claim would be dismissed if the plaintiff fails to appear and doesn't write or call with a request for continuance/adjournment.

 

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Set for trial next week in a case that's been pending for over 1.5 years. The charge is very serious and my client faces life in prison if convicted (he turned down an incredibly favorably deal several months back). This is a rare case where I am firmly convinced my client didn't do it (usually I legitimately don't know or think the client may be guilty of a lesser included or something). I felt so strongly about this particular case that I told the managing partner at my new firm I wasn't joining unless I could bring it with me (I took it as an appointed case so the pay is relatively very minimal). Really feeling the pressure with trial upcoming because, again, I believe in his innocence and I believe he should win.  But, jury trials are never, ever a certainty. 

Recently, due in large part to a lengthy motion in limine that I filed and some odd victim behavior, the state moved to dismiss.  The timing was fortunate enough that I was able to bring the paperwork to the client in person. In doing so I pretended that it was imperative that the client and I meet to discuss some recent filings in preparation for trial so when the client actually read the paperwork it was a total surprise. My client, who is essentially built like an NFL linebacker, collapsed into my arms like a child due to the relief he must have felt. 

I read a meme on facebook yesterday that I found funny where it indicates that being a lawyer is essentially just having everyone mad at you all the time. For the most part it feels that way. But, in some instances, it's the opposite of that. 

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What a great feeling that must be Woz - congrats on a great result for your client.  Most of my clients are big companies where the results I obtain are pretty meaningless.  The few times I've obtained an important result for an individual client have been the most rewarding experiences in my otherwise meaningless career, including tears in the courtroom on a couple occasions.  But I can't imagine the feeling you get from literally saving someone's life, especially by calling the opposition's bluff on a settlement proposal and going to trial.  That must be an incredible high. 

 

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21 minutes ago, CletiusMaximus said:

What a great feeling that must be Woz - congrats on a great result for your client.  Most of my clients are big companies where the results I obtain are pretty meaningless.  The few times I've obtained an important result for an individual client have been the most rewarding experiences in my otherwise meaningless career, including tears in the courtroom on a couple occasions.  But I can't imagine the feeling you get from literally saving someone's life, especially by calling the opposition's bluff on a settlement proposal and going to trial.  That must be an incredible high. 

 

In fairness, doing so may or may not have been the legal advice I provided... 

But, yes, it's a super good feeling. 

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38 minutes ago, Christo said:

Won a hearing on a petition for order of protection last week. My client's boss was happy so he asked if I was a drinking man:

Bowmore 15

Bowmore 12

Laphroiag Cairdeas

Basil Hayden's Dark Rye

Knob Creek

Jim Beam Maple (for the wife)

 

 

 

Nice. Seems de minimis. 

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On 9/13/2019 at 4:28 PM, Zow said:

Set for trial next week in a case that's been pending for over 1.5 years. The charge is very serious and my client faces life in prison if convicted (he turned down an incredibly favorably deal several months back). This is a rare case where I am firmly convinced my client didn't do it (usually I legitimately don't know or think the client may be guilty of a lesser included or something). I felt so strongly about this particular case that I told the managing partner at my new firm I wasn't joining unless I could bring it with me (I took it as an appointed case so the pay is relatively very minimal). Really feeling the pressure with trial upcoming because, again, I believe in his innocence and I believe he should win.  But, jury trials are never, ever a certainty. 

Recently, due in large part to a lengthy motion in limine that I filed and some odd victim behavior, the state moved to dismiss.  The timing was fortunate enough that I was able to bring the paperwork to the client in person. In doing so I pretended that it was imperative that the client and I meet to discuss some recent filings in preparation for trial so when the client actually read the paperwork it was a total surprise. My client, who is essentially built like an NFL linebacker, collapsed into my arms like a child due to the relief he must have felt. 

I read a meme on facebook yesterday that I found funny where it indicates that being a lawyer is essentially just having everyone mad at you all the time. For the most part it feels that way. But, in some instances, it's the opposite of that. 

really good work!!!!!!!

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Question for you guys. A "prominent" member of our community and guy I sort of know is on paid leave from his public job now and police say he's "under active criminal investigation relating to unauthorized computer access."

Some examples of what this might be?

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19 minutes ago, BeTheMatch said:

Question for you guys. A "prominent" member of our community and guy I sort of know is on paid leave from his public job now and police say he's "under active criminal investigation relating to unauthorized computer access."

Some examples of what this might be?

His wife was having an affair and he installed a keylogger on her computer without her knowledge.  

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Are there any trust/estate attorneys in here? I need some advice (I'm in CA).

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On 8/23/2019 at 3:31 PM, Zow said:

The day after oral argument we just got an interim order granting us the main relief I originally requested! 

And this has now resulted in a published opinion with my side prevailing. I do wish the court would have reached a decision on the constitutional issues and not punted, but still pretty cool. 

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On 9/13/2019 at 6:03 PM, CletiusMaximus said:

What a great feeling that must be Woz - congrats on a great result for your client.  Most of my clients are big companies where the results I obtain are pretty meaningless.  The few times I've obtained an important result for an individual client have been the most rewarding experiences in my otherwise meaningless career, including tears in the courtroom on a couple occasions.  But I can't imagine the feeling you get from literally saving someone's life, especially by calling the opposition's bluff on a settlement proposal and going to trial.  That must be an incredible high. 

 

I always joke that I take pride in representing the least odious corporation involved in the case.

Best moment of my career, by far, was securing a seven figure settlement for the family of a schizophrenic who was allowed to die of dehydration in the Alexadria City jail while the privatized jail health care workers refused to check on him.  Even then, the victory was bit bitter sweet because the family really wanted their day in court.

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My son’s girlfriend is a senior in college, applying for paralegal jobs. One in NYC asks her to include desired salary- any ballpark figures for what would be reasonable for her to respond? 

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42 minutes ago, The_Man said:

My son’s girlfriend is a senior in college, applying for paralegal jobs. One in NYC asks her to include desired salary- any ballpark figures for what would be reasonable for her to respond? 

45-50K IMO

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On ‎8‎/‎23‎/‎2019 at 5:31 PM, Zow said:

The day after oral argument we just got an interim order granting us the main relief I originally requested! 

Nice work!

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Anyone here have their data privacy certification?  (CIPP?). 

Am contemplating doing this.  It’s of interest to lots of clients and close to my practice area these days, and I’ve got some down time lately.  They recommend 30 hours of prep on the website, but I’ve got a copy of the textbook from last year from a colleague, and I’m thinking I just spend 10 or 15 hours reading up and then take a stab at it. Nothing really to lose if I fail (other than the $500).

Anyone else do this/doing this?

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11 minutes ago, Otis said:

Anyone here have their data privacy certification?  (CIPP?). 

Am contemplating doing this.  It’s of interest to lots of clients and close to my practice area these days, and I’ve got some down time lately.  They recommend 30 hours of prep on the website, but I’ve got a copy of the textbook from last year from a colleague, and I’m thinking I just spend 10 or 15 hours reading up and then take a stab at it. Nothing really to lose if I fail (other than the $500).

Anyone else do this/doing this?

It's not really a useful thing for lawyers here and in my specialty, but for you I would imagine it's a huge deal.

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Settled a case recently through mediation and entered into an enforceable agreement signed by the lawyers for the parties (but not the parties), with terms that included a final settlement to be drafted, and if there is some dispute the mediator arbitrates and makes final decisions as to the terms.   The mediation agreement included all of the material terms.   This happens all the time and is governed by a Civil Rule, and only once have I seen someone have to go to arbitration, and that was on an ambiguous term.

Other side sent over a ridiculous proposed agreement that doesn't resemble the settlement and has pages and pages of just extraneous information, including outright lies.   They have no explanation as to why they think any of the material terms of the settlement should be changed. We now have to arbitrate this with the mediator and have him make final determinations as to what the terms will be.   On a Saturday.  I hate these guys.

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