drummer
Footballguy
It's now the new Eminence thread. You lawyers are to blame.
ETA: it looks like the FBG Mod finally ####canned that thread.
Last edited by a moderator:
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The Lawyer Thread Where We Stop Ruining Other Threads (1 Viewer)
- Thread starter Henry Ford
- Start date
ETA: it looks like the FBG Mod finally ####canned that thread.
NCCommish
Footballguy
NCCommish
Footballguy
Henry Ford
Footballguy
She's a lawyer. And she's already significantly more popular. If anything, you should thank her for including something you wrote in one of her posts.
The popular girl just told you, the new guy, that the people you are hanging out with are a bag of #####. That was nice of her.
Henry Ford
Footballguy
You're significantly more uppity than the bailiffs I'm used to. I like it.
Zow
Footballguy
Did you* watch those games yesterday???!!!! They were great. No jury in the world convicts me.
*Because I sure as #### didn't since I was stuck in court all day and was actively on the record with little down time.
Yankee23Fan
Fair Tax!
Today is business admin day. No clients. Need to do some website work, billing updates to get ready for the end of the month and then cry over my brackets getting obliterated. Ooof. I am up for a game of hypothetical real world law questions though.......
Henry Ford
Footballguy
If you had a client involved in a multi car pileup, would you rather consolidate the actions or try your case separately?
Ramsay Hunt Experience
Footballguy
Way above my usual paygrade, but I'd probably rather try it separately. I hate having to negotiate who gets what time in depositions and stuff. And I'm not sure it's the type of case that really would benefit from being able to coordinate among multiple plaintiffs so that you could propound a ton of different interrogatories above the limit in the rules.
Henry Ford
Footballguy
Oh, definitely not. Plaintiffs in one action are defendants in the other actions.
Yankee23Fan
Fair Tax!
Separately. Although I have consolidated a large property damage case because of the facts and frankly I talked to the adjuster and between us we figured that at the end of the day his company would probably be willing to be nicer on settlement if we didn't have them going to multiple hearings on different cases; so there was some promise of good faith that did in the end work out.
Henry Ford
Footballguy
Now... what kind of circumstance would it take to change your mind, absent the good faith promise?
Yankee23Fan
Fair Tax!
In a car accident...... hmmm. It could depend on the client. I've had clients that have told me in no uncertain terms that they will never step foot in a courtroom no matter what and if I have to settle for less at the end of the day they would rather do that. It happens. Usually older women (no sexism intended, just the nature of the beast). So if I had a client that I knew was really really adverse to being the center of attention in that way I may see consolidation as a way to shield her from the limelight knowing it probably costs me money on the settlement side.
The other counsel matter. If I know everyone involved I know the hotheads and the real world guys. I get a feel fairly quickly on how much they think they client really deserves from the pool of money at stake. If there is a lot of common sense around the table, it might be worth it if it helps.
Obviously, if there is ever a standing agreement between counsel to share costs. In bigger cases that can be a benefit to everyone and actually help settle it faster because you can blow through the expert stage fairly quickly. But it's not very common.
I can envision being forced to consolidate them by the insurance company(s) or the court and then possibly breaking away should the facts dictate.
Can I hedge any more?....
Henry Ford
Footballguy
You can hedge as much as you want. I'm second-guessing someone else with this one, it's not my case.
Yankee23Fan
Fair Tax!
I wondering if where my car was in the pile up matters.
Let's say 5 cars are involved. The first car to get hit might have taken the most damage because it took the hardest initial impact - I'm assuming the force declines through the remaining cars in the row. If I have that car 1, I have to think I theortecially have the most damages. If I have the 5th car that took it in the rear bumper and didn't hit anyone else, I'm guessing I have the smallest damages. So does it make it better for me with the 5th car to stay with the group and maybe get more than I would have alone, and does it make me take the 1st car away from the group so I get more and they collectively take from the pot after I'm done getting mine.
Hmmmm.
I think if you made me make a decision right now, unless I have a shared cost agreement with other counsel or the good faith promise that I intend to rely on by the adjuster, I'm staying separate.
Henry Ford
Footballguy
Yankee23Fan
Fair Tax!
Henry Ford
Footballguy
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Yankee23Fan
Fair Tax!
Ah...... wrongful death stuff.
Keep it separate and go for the throat every single way possible. You don't want any part of the emotion of your case lost in the group of other people just trying to get paid. If you said that up front you could have saved me 5 posts. Not that I mind.
I've been involved in wrongful death suits though never had to actual prosecute one. They are awful in every way imaginable and you want the jury to feel everything if you have to get that far.
Yankee23Fan
Fair Tax!
They want you to get them a job like yours. So take it with a grain of salt.Just caught up on last night's activity. Thanks for the compliments (spelled correctly, Henry) and having my back, guys. So nice.
On a serious note though, your favorite wine is?
Henry Ford
Footballguy
I do more of them than I'd like to. This one's not mine, but it's a mess. Suffice it to say there are a lot of moving pieces in any of these cases. A lawyer I know didn't oppose consolidation, and we disagree on that strategy.
I call dibs on the front.Just caught up on last night's activity. Thanks for the compliments (spelled correctly, Henry) and having my back, guys. So nice.
Henry Ford
Footballguy
Don't mention it. Ever. Seriously. It will mess with my reputation as the biggest ####### in the Louisiana Bar.Just caught up on last night's activity. Thanks for the compliments (spelled correctly, Henry) and having my back, guys. So nice.
Yankee23Fan
Fair Tax!
Yeah, moving pieces is an understatement. But I'm with you. I would have kept my wrongful death client way out of what is going to end up being the typical money grab PI car accident case that some of the people in the line are going to have. It hurts their cases too though - my arm was broken and I missed work for 6 weeks..... my client's daughter/wife/mother died and left these rieving people behind....... on the tear jerker scale the guy with the broken arm is going to look bad.
GroveDiesel
Footballguy
Sounds like you may have a harassment or annoyance claim counselor.Henry Ford said:
Or you can just jump into the Jasper Rules version since the rules are significantly simplified. I believe they even caved and went with the Napoleonic interpretation of the offensive alignment stipulations.
Henry Ford
Footballguy
I did. That's how I learned this about myself. I went John Nash on that book.wdcrob said:
Henry Ford
Footballguy
I'm going to murder three generations of your family.
Seriously, I only got three hours of sleep last night.
Yankee23Fan
Fair Tax!
otello
Footballguy
GroveDiesel
Footballguy
Henry Ford
Footballguy
Henry Ford
Footballguy
Defense attorneys:
How often do you request updated sheriff/police records on a plaintiff as trial approaches? Always? Sometimes? Never?
How often do you request updated sheriff/police records on a plaintiff as trial approaches? Always? Sometimes? Never?
Yankee23Fan
Fair Tax!
Hypo....
Client slips and falls outside psychiatrist office. Ice on ground. Decent injury. Does the psychiatric treatment come into play at all?
Client slips and falls outside psychiatrist office. Ice on ground. Decent injury. Does the psychiatric treatment come into play at all?
Henry Ford
Footballguy
Conceivably. If the psychiatrist is required to clear the ice in the first place, notice that he'd be having people come to the office who are in a debilitated condition and/or unable to properly recognize the danger sounds like good reason he would have a heightened duty to protect/inform. What are your jurisdiction's rules about whether the psychiatrist is required to clear the ice in the first place?
T Bell
Footballguy
Is your client the worst injured? What's the insurance coverage like? Is your case ready to go to trial before the other plaintiffs' cases are?
T Bell
Footballguy
Henry Ford
Footballguy
Yeah, I read this the other way. If you mean, does what he was being treated for come into play for the defense - I guess some idiot might try that. Depending on what he's being treated for.
Hypochondria: definitely.
Henry Ford
Footballguy
Yeah, I'm just asking in the abstract. All else being equal, what would be your default?
T Bell
Footballguy
If I'm the worst injured, I want a streamlined case all the way to trial. I'd also want first crack at the limited (if applicable) insurance funds.
If I'm one of the least injured, I want consolidation and the ability to piggy back on the bigger plaintiffs' discovery and even experts at trial if necessary.
I have a case like that right now (the model who stripped down in her depo). She was in a freeway accident involving a big rig. She's messed up big time - the defense IME doc told my colleague that, which is a rarity. To give you an idea, her pelvis was shattered so badly that while she's still fertile she cannot safely have kids orthopedically. She's only 30 years old and wants to have kids.
There are some other claimants out there, but they've all got minor injuries. We're pushing this case along and trying to get all of the $1M policy paid as we're the proverbial 800 lb. gorilla in the room. We don't want to wait around for them to work their claims up and to consolidate cases.
From a judicial standpoint, however, the court will almost certainly consolidate the cases for judicial economy's sake (which is hard to argue) absent a compelling reason, such getting a seriously injured plaintiff to trial fast if they're elderly or dying or something.
T Bell
Footballguy
The only things that come to mind:
1) emotional distress is being alleged as damages;
2) the plaintiff's taking psych meds which affect her balance;
3) something happened during the immediately preceding therapy session that was so upsetting that the therapist shouldn't have allowed her to just walk out (tough to envision how they'd discover this with a properly prepared client in depo, but you never know).
I don't see how else you'd get a discovery "hook" as a defense guy seeking those records. If you're the plaintiffs counsel, you have to decide whether to produce them if, for example, you have an "eggshell plaintiff" from an emotional standpoint. If it's a serious injury and the client is already suffering from depression, PTSD, etc., then you could argue that this new injury made his/her psych condition worse, for example.
dparker713
Footballguy
NCCommish
Footballguy
Yankee23Fan
Fair Tax!
I think the records should come in to show an emotionally weak injured person as t bell referenced....
krista4
Footballguy
The following message, entitled "You're a #####", was sent to me at 9:38 p.m. PDT yesterday by...you guys get to guess:
I am a fan of the word "toots", though; would like to see it make a comeback.
Listen, Emmie, I know you're just a kid but don't know much else about you other than you appear to be very highly disliked around here. But you needn't give up. Hell, Woz was once disliked so much that someone offered to pay him to leave, and he's practically an elder statesman here now. You probably just need to relax and grow up a little. Oh, and get laid. I'd imagine you probably need that, too.
And as I'm never one to sugarcoat (where in hell did you get that idea?), I'll reaffirm that your homies list sucks. They might be great people, but two are terrible posters and the rest I've never heard of. So add that to the list--get better homies--and maybe you can get on the right track here. All is not lost.
I've blocked PMs now, so you can be a man and address me here if you feel the need to engage.
For a guy that thinks one can sue a message board when people are mean to him, this is an interesting approach.Sugar coat it all you want but you were just being a #####.Have fun in fantasy land, toots.
I am a fan of the word "toots", though; would like to see it make a comeback.
Listen, Emmie, I know you're just a kid but don't know much else about you other than you appear to be very highly disliked around here. But you needn't give up. Hell, Woz was once disliked so much that someone offered to pay him to leave, and he's practically an elder statesman here now. You probably just need to relax and grow up a little. Oh, and get laid. I'd imagine you probably need that, too.
And as I'm never one to sugarcoat (where in hell did you get that idea?), I'll reaffirm that your homies list sucks. They might be great people, but two are terrible posters and the rest I've never heard of. So add that to the list--get better homies--and maybe you can get on the right track here. All is not lost.
I've blocked PMs now, so you can be a man and address me here if you feel the need to engage.
Henry Ford
Footballguy
What the actual ####?
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