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The Lawyer Thread Where We Stop Ruining Other Threads (3 Viewers)
- Thread starter Henry Ford
- Start date
Henry Ford
Footballguy
The last judgment like this I got was a consent judgment. I was able to get paid after only 17 years, once I agreed to waive all interest.
Henry Ford
Footballguy
I've been a lawyer for umpteen years ( :( ), and I haven't understood a single post on this page. What kind of witchcraft do you people do?
Floppy, set me up for awith anyone of your choosing. I've had a bad week.
You can't make the State of Louisiana pay a state court judgment. Seizing property of the State under a State court judgment is a suspension level offense for a lawyer.
I ended up in State court when it turned out the local entity I was suing in federal court was a non-juridical entity (decided in another case that was appealed and handed down after I took this one) and you have to sue the State. So I spent years chasing a case with a value of $X and the State's lawyer said "hey, we'll give you 1/2 $X to settle, even though you won summary judgment on liability, or you can go to trial Monday, probably get more in a judgment but you and your client can leave it to people in your wills."
Got him up to a more acceptable number playing chicken today and shut it down.
I'm confused with this. It's crazy. But leaving that aside. If that's the law, why does LA bother to defend?
Henry Ford
Footballguy
Well, you can get a judgment. And eventually they do pay these. Mostly they defend and pay for political reasons because the attorney general is an elected position and the legislature is held responsible when they don't get paid.
Henry Ford
Footballguy
It all stems from the State doing so much illegal stuff that they passed a law acknowledging that liability judgments exceed the state's ability to pay, so no money can be paid in judgment except from an account specifically earmarked to pay the judgment or judgments like it. Which basically means they have to pass a bill to create an account for each judgment that's really worth anything.
SaintsInDome2006
Footballguy
I understand the City of NO is like this too, you may win, but you will never recover.
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Henry Ford
Footballguy
Yeah, NO S&WB is who I had the judgment against that took 17 years I mentioned earlier. At least they have a regular procedure though.
-fish-
Footballguy
Ten and a half hour mediation yesterday in a complex case that we're doing on a contingent fee. We've worked our asses off on this thing that has a hundred different problems with liability, statutes of limitation and insurance coverage. Won multiple summary judgment motions that the defense filed. This case is make or break for our firm, which is just me and my partner. We don't have a paralegal, secretary, staff, or any kind of support whatsoever. We're up against two of the larger firms in Seattle, and each firm is running a team of 3-4 attorneys.
After about 7 hours, just as we're starting to see a glimmer of hope that we're going to exceed our expectations and the client's target number, the client asks us to reduce our fee so that they can net more. I wanted to strangle the guy. I was really afraid for a second that my partner, who's been essentially working without pay for a year and a half, was going to punch him.
After about 7 hours, just as we're starting to see a glimmer of hope that we're going to exceed our expectations and the client's target number, the client asks us to reduce our fee so that they can net more. I wanted to strangle the guy. I was really afraid for a second that my partner, who's been essentially working without pay for a year and a half, was going to punch him.
pricklypete
Footballguy
-fish-
Footballguy
I was too pissed to speak and nonverbally signaled for my less emotional partner to respond. He calmly said no, then explained that as they had been sitting there in the mediation with us they had learned (because the policies were cannibalizing), that the defense had spent nearly $700,000. He also explained that the defense attorneys worked at reduced panel rates for the insurance carriers, and that we had worked with the association for quite a while getting the case ready before any defense attorneys were involved.
I think the client could tell that we were both seething, and didn't say anything else about it.
Zow
Footballguy
Zow
Footballguy
Such a microcosm for small firm practice. Do a great job and the client still completely under-appreciates you.
El Floppo
Footballguy
lemme ask you guys... we've had this happen a few times here in NYC. financial guys (richie-rich) who just decide they're not going to pay for this or that. never huge amounts- 10k here, 14k there. (huge for me- but for our firm, I guess not deal-breakers considering the overall amount spent). this inevitably creates a ton of work for us, having to work it out with our contractors and subs... almost always with a bad taste left over.
it happens enough with these types (and I've heard Trump does this a lot) that it just seems part and parcel for our profession. does this happen to you guys too? I've always felt like asking them whether they do this to their lawyers or doctors, or just us scarf-wearers.
eta: sorry- l'm an architect... and this is on residential projects.
it happens enough with these types (and I've heard Trump does this a lot) that it just seems part and parcel for our profession. does this happen to you guys too? I've always felt like asking them whether they do this to their lawyers or doctors, or just us scarf-wearers.
eta: sorry- l'm an architect... and this is on residential projects.
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Thorn
Footballguy
El Floppo
Footballguy
Thorn
Footballguy
El Floppo
Footballguy
Thorn
Footballguy
Any new client that I dont know = retainer. Otherwise case by case, but very common for me.
Don't let Thorn fool you, pretty boy. A retainer doesn't always stop this #### from happening. And it happens a lot.
Most of my clients can't even come up with a standard retainer. So I take what i can get, within reason. And just accept the fact I'll probably get short-changed on the backside. The good thing is that the judges around here freely grant motions to withdraw as soon as you say you're not getting paid.
Most of my clients can't even come up with a standard retainer. So I take what i can get, within reason. And just accept the fact I'll probably get short-changed on the backside. The good thing is that the judges around here freely grant motions to withdraw as soon as you say you're not getting paid.
El Floppo
Footballguy
had to google that.
nobody in ever would ever sign on with an architect for any kind of retainer. we're hourly... but of course the clients don't want to pay, regardless of the hours or contract.
-fish-
Footballguy
El Floppo
Footballguy
maybe I'm being dim/naive.
we get a retainer up front- starting money- to sign on to the project. typically a pittance compared to the overall project, and not anything that we can use to cover when clients decide they don't feel like paying.
the way I understand the lawyer retainer, is that you're paid a regular/consistent fee to provide a certain amount of services.
-fish-
Footballguy
Lawyer retainers work in a couple ways: the most common is a lump sum up front, based on an estimate of fees of what it's going to take to get to a certain point. hourly fees get billed against that until it's gone.
evergreen retainers are a smaller retainer, but replenished either at certain time periods or when the retainer reaches a certain minimum dollar amount--essentially it's a retainer that is large enough to pay for monthly billing.
the architects that I work with are typically providing a proposal for design and construction oversight, and getting 50% of the total proposed estimate up front.
Gawain
Footballguy
NYC:In December company realized I was interviewing and gave me a bump and new title with 12 month agreement. Not much in writing besides the agreement and a message from my VP saying not to talk about our agreement. Today I was let go due to "budget" concerns. Severance package, if any, will come on Monday. Any reason to think about talking to an employment attorney? My fault for not getting anything concrete in writing.
Ramsay Hunt Experience
Footballguy
When I was with a midsize firm (Vault 200) I once had the clients of both major matters I was staffed on refuse to pay their bills. That was nearly 2000 billables the firm got bupkis for.
Zow
Footballguy
Zow
Footballguy
I had a guy facing life in prison if convicted. As in, lock him up and throw away the key. Due to my work he never saw the inside of a jail cell and I got him acquitted. Probably one of my professional highlights.
Guy disappeared afterwards and never paid his trial fee. I almost literally saved his life and I was still shorted on the fee.
Mister CIA
Footballguy
Question, and I'm sure the answer is, it depends. I'll definitely be discussing with my employer tomorrow. In the meantime...
Breaking news in my world yesterday: My ex, who lives in Texas, just got fired from her job as a nurse at a hospital for substance abuse (after completing employer provided rehab last December). The way our arrangement always worked was that she provided health insurance for the kids - primarily because we had two children while married, and she had a third child with her next ex-husband (who is long gone from the picture), whom I could never cover under my policy because my Dad status with her was always informal (common law daughter??), and never legally established until a couple of years ago when I paid an attorney a pretty penny to have a Mississippi judge grant me legal guardianship. In light of this recent news, she is probably going to move back to MS and live with me, after she graduates HS in a couple of weeks.
Anyway, it suddenly dawned upon me, at 3:00 am this morning, that none of my children have health insurance (ages 23, 21, and 18). While I'm sure I can add the first two on my employer-provided plan, does anyone know if it's cut and dry that I can add my 18 year old in light of the fact that I am her legal guardian? Is the term legal guardian even relevant, now that she's 18?
Thanks to anyone who takes the time to read. And for those Enquiring minds, not all of my ex's live in Texas. One lives in Connecticut.
Breaking news in my world yesterday: My ex, who lives in Texas, just got fired from her job as a nurse at a hospital for substance abuse (after completing employer provided rehab last December). The way our arrangement always worked was that she provided health insurance for the kids - primarily because we had two children while married, and she had a third child with her next ex-husband (who is long gone from the picture), whom I could never cover under my policy because my Dad status with her was always informal (common law daughter??), and never legally established until a couple of years ago when I paid an attorney a pretty penny to have a Mississippi judge grant me legal guardianship. In light of this recent news, she is probably going to move back to MS and live with me, after she graduates HS in a couple of weeks.
Anyway, it suddenly dawned upon me, at 3:00 am this morning, that none of my children have health insurance (ages 23, 21, and 18). While I'm sure I can add the first two on my employer-provided plan, does anyone know if it's cut and dry that I can add my 18 year old in light of the fact that I am her legal guardian? Is the term legal guardian even relevant, now that she's 18?
Thanks to anyone who takes the time to read. And for those Enquiring minds, not all of my ex's live in Texas. One lives in Connecticut.
Sabertooth
Footballguy
Hey fellas, I have a bit of a real estate question. Here is the thread on it. I sold a home for $87000 with a $4000 rebate.
Basically I got an appraisal done on the house and the appraiser told me it was worth $83000, which I thought was low but trusted his opinion even if I thought it was conservative.
This was a HUD purchase I made last month. The original list price from HUD was $135,900. In the past, HUD's process has been to list properties at their appraised value. So I am guessing it appraised previously for $135,900 but I was not given access to that appraisal. So I really did have some basis for thinking my appraisal was low.
Now I know a deal is a deal but there are some mitigating circumstances here. First he is a cousin. We aren't close but have been in the past and remain friendly. Secondly he brought me out to the house for the first showing under a pretense of him getting a divorce and he needs somebody to talk to. I told him, "of course man, I love you and we go all the way back to the beginning." Then his dad shows up, my uncle. His dad did all the negotiating but not before taking a nasty shot at another uncle of mine (from the other side of my family) who passed away recently. So I was emotional and allowed myself to be negotiated down below where I was comfortable. It happened, and I screwed up by letting myself be ambushed. No good deed goes unpunished. But I thought, it's all good...you screw up but not terribly here so just sign and move on. A week later he's out there with his wife when I showed up to do some work. It was weird but hey not my business and I hope they work it out right?
But then came what I felt was him spiking the ball in my face. Fast forward to last Friday and he texts me that he got his appraisal back and wanted me to guess what that amount was, I said "$91,000" he said nope "$174,000" and I felt like I got kicked in the nuts. So I asked him, in light of the gross miscalculation from my appraiser, I'd like him to tear up the $4000 rebate. He says no. A deal is a deal.
No problem but now the warm and fuzzies of a misspent youth hanging out together has worn off. So I want to see if I have options. Reading over the contract I find this clause:
And this is Michigan.
"The buyer and/or lender shall have 10 calendar days (unless otherwise declared by law), from the date this contract is fully endorsed, to have an appraisal performed by a licensed/certified appraiser. If the contract purchase price exceeds the appraised value, the buyer shall have the right to cancel this contract. If the appraisal is not completed before the expiration of the time frame stated herein (or declared by law), the seller shall have the right to cancel this contract, resulting in a return of the binder deposit in this contract to the buyer."
The signature date from all parties is 4/20/17.
As of May 4th, he was asking me via text if the appraiser would be able to get into the house. So it hadn't been performed by that date. Which is obviously past the 10 calendar days. Thoughts?
Basically I got an appraisal done on the house and the appraiser told me it was worth $83000, which I thought was low but trusted his opinion even if I thought it was conservative.
This was a HUD purchase I made last month. The original list price from HUD was $135,900. In the past, HUD's process has been to list properties at their appraised value. So I am guessing it appraised previously for $135,900 but I was not given access to that appraisal. So I really did have some basis for thinking my appraisal was low.
Now I know a deal is a deal but there are some mitigating circumstances here. First he is a cousin. We aren't close but have been in the past and remain friendly. Secondly he brought me out to the house for the first showing under a pretense of him getting a divorce and he needs somebody to talk to. I told him, "of course man, I love you and we go all the way back to the beginning." Then his dad shows up, my uncle. His dad did all the negotiating but not before taking a nasty shot at another uncle of mine (from the other side of my family) who passed away recently. So I was emotional and allowed myself to be negotiated down below where I was comfortable. It happened, and I screwed up by letting myself be ambushed. No good deed goes unpunished. But I thought, it's all good...you screw up but not terribly here so just sign and move on. A week later he's out there with his wife when I showed up to do some work. It was weird but hey not my business and I hope they work it out right?
But then came what I felt was him spiking the ball in my face. Fast forward to last Friday and he texts me that he got his appraisal back and wanted me to guess what that amount was, I said "$91,000" he said nope "$174,000" and I felt like I got kicked in the nuts. So I asked him, in light of the gross miscalculation from my appraiser, I'd like him to tear up the $4000 rebate. He says no. A deal is a deal.
No problem but now the warm and fuzzies of a misspent youth hanging out together has worn off. So I want to see if I have options. Reading over the contract I find this clause:
And this is Michigan.
"The buyer and/or lender shall have 10 calendar days (unless otherwise declared by law), from the date this contract is fully endorsed, to have an appraisal performed by a licensed/certified appraiser. If the contract purchase price exceeds the appraised value, the buyer shall have the right to cancel this contract. If the appraisal is not completed before the expiration of the time frame stated herein (or declared by law), the seller shall have the right to cancel this contract, resulting in a return of the binder deposit in this contract to the buyer."
The signature date from all parties is 4/20/17.
As of May 4th, he was asking me via text if the appraiser would be able to get into the house. So it hadn't been performed by that date. Which is obviously past the 10 calendar days. Thoughts?
-fish-
Footballguy
https://youtu.be/xmLox1uT81A
Hey lawyerguys. This video just popped up on my feed. How can the police pull this kind of crap?
Any thoughts from layers and/or police officers about this?
Hey lawyerguys. This video just popped up on my feed. How can the police pull this kind of crap?
Any thoughts from layers and/or police officers about this?
Cjw_55106
Footballguy
Realistically, what are the odds anything comes of this?
I coach a 14u travel softball team. We had an umpire for two games on Thursday (not an iota of arguments) and again the following Tuesday. Near the end of the second game on Tuesday, he made a bad call and the guy I coach with made a comment that "you have to get that call right". He responded with "and you need to shut up or you'll be gone, so there". Kind of thin skinned for a rather mundane criticism, but whatever. Nothing more occurred during the game.
After the game, he comes to our dugout and drops the game ball at the coach's feet. The coach stated we had two game balls and where was the other? Ump replies, I dont know, probably over there, gesturing towards the other side of the field. Our coach says, "gee, thanks". The ump replies, "Don't be mad at me because your team got ten runned four games in a row". Coach is perplexed as to where this came from and says "what are you talking about?" Ump replies, "your team is terrible". Coach says "What did you say?" Ump turns around and gives the coach a little chest bump and says "You heard me, your girls suck". Now, I unfortunately know being a jackass and saying things like this about 13 year old girls is not against the law. What occurred next is where I have the question.
By the time I turn around, coach number three and the umpire have a hold of each other. Coach and a parent that keeps the scorebook for us are pushing the umpire towards the gate and for unknown reasons, umpire is fighting his way back in. I dont see any punches thrown, but admittedly, I was late to witness the very beginning. In any case, after a 20 second scuffle, ump heads towards the parking lot and we finish our business and head for the parking lot probably 15 minutes later. Two officers are waiting and ump wants to press charges. Everyone gives their version of what happened. Police say that since no unbiased party witnessed the entire event, he only has he said/he said. He will write up and submit the paper work and the city attorney will decide if any charges will occur. Umpire has a scratch on his hand. Although this occurred in a suburb, we later find out the city of St. Paul also want charges filed since the umpire technically is employed by them. Ask any questions if I missed something. I should add the umpire said he was punched. The night of, he said in the head and the day after he said in the stomach is what I was told. I never read any report myself.
Sooo...after all of that, what are the odds anything happens here?
I coach a 14u travel softball team. We had an umpire for two games on Thursday (not an iota of arguments) and again the following Tuesday. Near the end of the second game on Tuesday, he made a bad call and the guy I coach with made a comment that "you have to get that call right". He responded with "and you need to shut up or you'll be gone, so there". Kind of thin skinned for a rather mundane criticism, but whatever. Nothing more occurred during the game.
After the game, he comes to our dugout and drops the game ball at the coach's feet. The coach stated we had two game balls and where was the other? Ump replies, I dont know, probably over there, gesturing towards the other side of the field. Our coach says, "gee, thanks". The ump replies, "Don't be mad at me because your team got ten runned four games in a row". Coach is perplexed as to where this came from and says "what are you talking about?" Ump replies, "your team is terrible". Coach says "What did you say?" Ump turns around and gives the coach a little chest bump and says "You heard me, your girls suck". Now, I unfortunately know being a jackass and saying things like this about 13 year old girls is not against the law. What occurred next is where I have the question.
By the time I turn around, coach number three and the umpire have a hold of each other. Coach and a parent that keeps the scorebook for us are pushing the umpire towards the gate and for unknown reasons, umpire is fighting his way back in. I dont see any punches thrown, but admittedly, I was late to witness the very beginning. In any case, after a 20 second scuffle, ump heads towards the parking lot and we finish our business and head for the parking lot probably 15 minutes later. Two officers are waiting and ump wants to press charges. Everyone gives their version of what happened. Police say that since no unbiased party witnessed the entire event, he only has he said/he said. He will write up and submit the paper work and the city attorney will decide if any charges will occur. Umpire has a scratch on his hand. Although this occurred in a suburb, we later find out the city of St. Paul also want charges filed since the umpire technically is employed by them. Ask any questions if I missed something. I should add the umpire said he was punched. The night of, he said in the head and the day after he said in the stomach is what I was told. I never read any report myself.
Sooo...after all of that, what are the odds anything happens here?
CletiusMaximus
Footballguy
As you might expect, the answer is to speak with a local real estate lawyer. You may have a legal way out of the deal, but probably want a lawyer running lead blocker for you. There may be other provisions in the contract which condition the language you posted. There may be applicable law that affects the enforceability of the clause. There may be a notice provision requiring you to provide written notice by a certain date and other requirements in order to exercise your out.
Sabertooth
Footballguy
Zow
Footballguy
I don't recall the Minnesota definition exactly, but, if this had occurred in my jurisdiction, I can say that I've seen weaker factual bases* amount to misdemeanor disorderly conduct charges or probably some threatening and intimidating type charge. If he's claiming he was punched, and assuming he suffered no serious injuries, there could be a misdemeanor assault charge. Again, though, I'm not licensed there and do not remember the criminal statutes verbatim so, as always, consult with a local criminal defense attorney to get actual legal advice. Additionally, your answer probably depends on a myriad of factors nobody will be privy to: how adamant is the alleged victim, which prosecutor will do the review (newer prosecutors tend to be a bit more overzealous), the sentiment of the investigating officer in his reports, etc.
*For example, I'm currently working on an appeal for one of my appointed cases where the factual crux of the case is that a mother and daughter got into a loud verbal argument over dog food. There were three days of trial, probably ten individual court hearings, and an appeal (in all, probably something crazy like 50 hours of work for the legal professionals involved) all because the police were called for a mother-daughter spat where nobody was hurt and there were conflicting statements regarding who started it.
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Zow
Footballguy
Henry Ford
Footballguy
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Henry Ford
Footballguy
Sounds like it means they practice in your state but their only office is in another. I do this with work in Mississippi.
Henry Ford
Footballguy
Sounds like a bad situation. Would be much messier if the coach says he heard the ump say your little girls could suck his ****. Obviously you didn't hear this because you weren't right there, but if that's what he'd said this jerk ump who wants to press charges would probably lose his job and the charges against your coach would be dropped. It'll be interesting to hear if that's what happened.
OrtonToOlsen
Footballguy
Zow
Footballguy
mr roboto
Footballguy
Zow
Footballguy
I'm not going to get into a very complicated, nuanced area of law (where there are very likely applicable local laws and regulations which bleed over into first amendment issues), and I'm always hesitant to engage in conversation with you, but, generally speaking, police officers at a street level have an absurd amount of power and discretion. Some may not know the laws the best. Like any profession, some are complete #######s and are bad at their jobs. Additionally, police officers are not lawyers. As such, there's a "good faith" exception that may protect them in many instances where they may legally be in the wrong.
