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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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Congrats GB woz.  Well done!

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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?

Edited by Galileo

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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. 

Edited by Zow
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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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Figured this was the place to post and Woz-relevant. I got called in for jury duty yesterday, and wound up, after waiting all day, to be the in the preliminary jury selection for a multi-count, multi-person child sex abuse case. I somehow managed to claim hardship and not have to serve due to prior and ongoing matters I'll refrain from discussing. But they said the case would go to November. Does that sound in any way right? Sounded like my year was gone with this case, not to mention any hope I had of happiness. Anyway, it was a not guilty plea, which I found interesting, too. I figured most people plead those things out these days. Anyway, just a little legal anecdote from the other side.

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3 minutes ago, rockaction said:

Figured this was the place to post and Woz-relevant. I got called in for jury duty yesterday, and wound up, after waiting all day, to be the in the preliminary jury selection for a multi-count, multi-person child sex abuse case. I somehow managed to claim hardship and not have to serve due to prior and ongoing matters I'll refrain from discussing. But they said the case would go to November. Does that sound in any way right? Sounded like my year was gone with this case, not to mention any hope I had of happiness. Anyway, it was a not guilty plea, which I found interesting, too. I figured most people plead those things out these days. Anyway, just a little legal anecdote from the other side.

November means a 2-3 week trial (most courts only have trial 4 days a week to allow 1 day for a motion calendar).   That's not that long for a multi-party case with multiple claims.   Most of my cases, which are semi-complex civil issues, last 4-6 weeks.

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1 hour ago, -fish- said:

November means a 2-3 week trial (most courts only have trial 4 days a week to allow 1 day for a motion calendar).   That's not that long for a multi-party case with multiple claims.   Most of my cases, which are semi-complex civil issues, last 4-6 weeks.

Yeah, I thought that seemed brief. They did not meet Friday, as you said. Anyway, it was a long day yesterday. I can't imagine what it is like for others involved. My adrenaline upon hearing the charges went into overdrive. Scary, serious stuff.

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4 minutes ago, rockaction said:

Yeah, I thought that seemed brief. They did not meet Friday, as you said. Anyway, it was a long day yesterday. I can't imagine what it is like for others involved. My adrenaline upon hearing the charges went into overdrive. Scary, serious stuff.

Don't know how Woz and others that do criminal stuff can compartmentalize that stuff.   Every once in a while a judge will squeeze in a civil motion during a criminal trial and we'll walk into a courtroom with exhibits strewn all over...things that as a father of a daughter I'd rather never see.   Makes my stomach turn, and makes me grateful that all I do is move a bunch of money from insurance companies to people with whom I have no emotional investment.  

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On 10/11/2019 at 8:00 PM, -fish- said:

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.

I had one of those!  Then the other side's guy stopped paying, we eventually moved to dismiss for failure to prosecute and it was granted.

I hated that guy, too.

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I am acting COO/CFO for a small company based in Silicon Valley.  The CEO hired an independent contractor without board approval (I am also on the board) and signed a performance based contract worth about 2% of the company.  There are three levels of performance each worth 1/3 of the contract.  The first vests with the company getting sold and the other two work off of that.  The IC wrote an amendment to the contract removing all performance metrics and simply granting him the options.  The CEO had someone sign it without reading it yesterday.  I got hold of it today and informed the CEO what he had signed and he was pissed.  I got the IC on the phone and he confirmed that he amended the contract without talking to the CEO and I told him calmly but very firmly that he needed to send me a new amendment with the original performance metrics.  He balked once and then caved.  Shame on us for signing a contract without reading it but he played very dirty pool.

 

Edited to clarify

Edited by chet

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2 hours ago, chet said:

I am acting COO/CFO for a small company based in Silicon Valley.  The CEO hired an independent contractor without board approval (I am also on the board) and signed a performance based contract worth about 2% of the company.  There are three levels of performance each worth 1/3 of the contract.  The first vests with the company getting sold and the other two work off of that.  He wrote an amendment to the contract removing all performance metrics and simply granting him the options.  The CEO had someone sign it without reading it yesterday.  I got hold of it today and informed the CEO what he had signed and he was pissed.  I got the IC on the phone and he confirmed that he amended the contract without talking to the CEO and I told him calmly but very firmly that he needed to send me a new amendment with the original performance metrics.  He balked once and then caved.  Shame on us for signing a contract without reading it but he played very dirty pool.

Your CEO sounds like an idiot.

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3 minutes ago, -fish- said:

Your CEO sounds like an idiot.

He's Nobel Prize smart, but yes, we need to protect him from moves like this.

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I've got a phone screening interview for an in-house patent role next week! Haven't interviewed in a number of years, so I'm excited but also nervous. 

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36 minutes ago, FBG26 said:

I've got a phone screening interview for an in-house patent role next week! Haven't interviewed in a number of years, so I'm excited but also nervous. 

Good luck.   Phone screening sounds great.   No need for pants.

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20 hours ago, chet said:

I am acting COO/CFO for a small company based in Silicon Valley.  The CEO hired an independent contractor without board approval (I am also on the board) and signed a performance based contract worth about 2% of the company.  There are three levels of performance each worth 1/3 of the contract.  The first vests with the company getting sold and the other two work off of that.  The IC wrote an amendment to the contract removing all performance metrics and simply granting him the options.  The CEO had someone sign it without reading it yesterday.  I got hold of it today and informed the CEO what he had signed and he was pissed.  I got the IC on the phone and he confirmed that he amended the contract without talking to the CEO and I told him calmly but very firmly that he needed to send me a new amendment with the original performance metrics.  He balked once and then caved.  Shame on us for signing a contract without reading it but he played very dirty pool.

 

Edited to clarify

Board could always limit his authority to sign things like this (require two signatures, etc.).  

Edited by Redwes25

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18 hours ago, chet said:
18 hours ago, -fish- said:

Your CEO sounds like an idiot.

He's Nobel Prize smart, but yes, we need to protect him from moves like this.

Isn't there another role than can be created for him rather than CEO? To me, being CEO requires some business acumen.

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CEO's doing crazy #### is a lawyer's best friend.  Some of the smartest guys I've met - great at running a company, but send the craziest stupid emails and sign things without checking in with one of the many lawyers at your constant disposal.  We love those guys.

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2 hours ago, Christo said:

Isn't there another role than can be created for him rather than CEO? To me, being CEO requires some business acumen.

He's the founder and biggest shareholder and we are selling the company.

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2 hours ago, chet said:

He's the founder and biggest shareholder and we are selling the company.

I have a friend whom the investors made CEO and moved a very similar figure out of CEO and into a made up "Founder" role to focus on the tech and not the running of the business. Helped them close a big round.

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7 hours ago, FBG26 said:

I've got a phone screening interview for an in-house patent role next week! Haven't interviewed in a number of years, so I'm excited but also nervous. 

When you want an outside sounding board, feel free to call on Oats anytime. 

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any criminal defense attorneys in here?

thoughts on theoretical federal sentences if someone theoretically got arrested for drug conspiracy charges where medium-large quantities of a certain powdery substance were transported across state lines and that someone theoretically got arrested with drugs, cash and a weapon?

do any outstanding state charges factor in?

 

Edited by mr. furley
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Hi lawyerguys,

I'm assuming at least some of you have seen the tree thread.

Quick question(s):

I reached out to 2 different attorneys on Friday about this issue. One said it was straight forward, can draft a letter if we need and then lawsuit if that doesn't work. I said thanks and I'd get back to him. 

The other attorney, who seemed interested in the situation, said he'd stop by the property (I think he already did) and wanted any emails/pictures which I sent him. I never spoke to him otherwise aside from the initial 3 minute conversation about the situation.

He just emailed me he got the stuff and will have a letter drafted this morning.

Is that normal? I haven't signed any end engagement letter or even verbally told him I wanted him doing work just yet. Do I end up getting billed for this? I initially just wanted to hear his thoughts on what to do after seeing the information.

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1 hour ago, gianmarco said:

Hi lawyerguys,

I'm assuming at least some of you have seen the tree thread.

Quick question(s):

I reached out to 2 different attorneys on Friday about this issue. One said it was straight forward, can draft a letter if we need and then lawsuit if that doesn't work. I said thanks and I'd get back to him. 

The other attorney, who seemed interested in the situation, said he'd stop by the property (I think he already did) and wanted any emails/pictures which I sent him. I never spoke to him otherwise aside from the initial 3 minute conversation about the situation.

He just emailed me he got the stuff and will have a letter drafted this morning.

Is that normal? I haven't signed any end engagement letter or even verbally told him I wanted him doing work just yet. Do I end up getting billed for this? I initially just wanted to hear his thoughts on what to do after seeing the information.

Would tell him to hold off on doing work. He starts drafting a letter he is going to bill you for it. Probably will want to bill you for what he has already done. 

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On 11/4/2019 at 9:45 AM, Redwes25 said:

Would tell him to hold off on doing work. He starts drafting a letter he is going to bill you for it. Probably will want to bill you for what he has already done. 

So I called as soon as I posted this.  I did exactly this and he said he already had drafted a letter (which I never asked for).  I told him to hold off on anything else until I spoke with my wife.  Emailed this morning and said we weren't going to retain his services.  He thanked me and just sent me a bill for $300.  Wtf?  I never agreed to any of that.  Is this really how this works?

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12 minutes ago, gianmarco said:

So I called as soon as I posted this.  I did exactly this and he said he already had drafted a letter (which I never asked for).  I told him to hold off on anything else until I spoke with my wife.  Emailed this morning and said we weren't going to retain his services.  He thanked me and just sent me a bill for $300.  Wtf?  I never agreed to any of that.  Is this really how this works?

Ooof

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