The Lawyer Thread Where We Stop Ruining Other Threads (2 Viewers)

[Zow]

Hour 9 of mediation today.  Only 2 offers exchanged.  Defense is completely unprepared.

So frustrating.

WTF is the mediator doing then?

 

[-fish-]

WTF is the mediator doing then?

Teaching defense attorneys and adjusters how to do their jobs.

 

[Zow]

Teaching defense attorneys and adjusters how to do their jobs.

Yeah that's gotta be frustrating for the Plaintiffs. 

 

[CletiusMaximus]

Love it - sent an update to the in-house client team on a litigation matter on a Friday afternoon of a holiday weekend and get insta out of office auto replies from all 5 recipients.  I remember those days ...

In fairness, its 4:55 and I've been the only person in my building for over an hour now, so I guess its not all that different.

Have a great holiday weekend all.

 

[Zow]

Love it - sent an update to the in-house client team on a litigation matter on a Friday afternoon of a holiday weekend and get insta out of office auto replies from all 5 recipients.  I remember those days ...

In fairness, its 4:55 and I've been the only person in my building for over an hour now, so I guess its not all that different.

Have a great holiday weekend all.

Huh, I'm about to start a contested hearing...

 

[Zow]

Johnson and Johnson wants to hire former Solicitor General and current Hogan Lovells partner Neal Katyal in a bankruptcy case involving one of its subsidiaries for some product liability litigation, so his engagement agreement is a public record. His billing rate of $2,465 per hour has raised a few eyebrows and drawn an objection.  I've seen several over $2k/hr. in recent years but this is a new high for me. He must be really good.

https://www.reuters.com/legal/litigation/jj-bankruptcy-trustee-balks-neal-katyals-2465-hourly-rate-2022-05-23/

Must be nice. That's likely an average daily billable income for a lot of attorneys.

I'm doing a first degree murder trial in July that'll be 4 weeks long (remand from a prior DP case). The billable? $85/hr. I call it my "low-bono" good deed (I usual have one at any given time) and I'm cool with it but it's so funny in the profession the varying revenues and how they don't always correlate to (if it can be quantified) to the seriousness of a case. 

 

[FBG26]

Love it - sent an update to the in-house client team on a litigation matter on a Friday afternoon of a holiday weekend and get insta out of office auto replies from all 5 recipients.  I remember those days ...

In fairness, its 4:55 and I've been the only person in my building for over an hour now, so I guess its not all that different.

Have a great holiday weekend all.

Haha, I logged off at like 2pm and didn't even bother with an out of office. I only do that if I'm going to be gone more than a day. Being in house is great. 

 

[Tecumseh]

@Zowand criminal lawyers- can you talk a little bit about this Barry Jones SC ruling? Don’t know anything about his representation in particular, but it seems like the goal should be justice at any cost, and this ruling reads like justice, as long as it’s convenient.

 

[Zow]

@Zowand criminal lawyers- can you talk a little bit about this Barry Jones SC ruling? Don’t know anything about his representation in particular, but it seems like the goal should be justice at any cost, and this ruling reads like justice, as long as it’s convenient.

Funny I’m actually researching this case now as it’s applicable to one of my current cases. I’ll provide some thoughts in a few days. 

 

[-fish-]

Received my 6th bar complaint (first five were all dismissed, since none of them were my clients).   Once again, not my client.  I don't know where these people come from.

This guy filed a false corporate statement under penalty of perjury.   He just put down three names as corporate officers.  I contacted them and they each said they knew nothing about it, weren't on the board of directors, and never gave consent to be listed on the corporate statement.

Guy is demanding that I retract my statement in the complaint that he filed a false statement.  Apparently he's also making a complaint to the attorney general.   How fun.

 

[Zow]

Received my 6th bar complaint (first five were all dismissed, since none of them were my clients).   Once again, not my client.  I don't know where these people come from.

This guy filed a false corporate statement under penalty of perjury.   He just put down three names as corporate officers.  I contacted them and they each said they knew nothing about it, weren't on the board of directors, and never gave consent to be listed on the corporate statement.

Guy is demanding that I retract my statement in the complaint that he filed a false statement.  Apparently he's also making a complaint to the attorney general.   How fun.

Does your state bar do the "call" versus the "letter"? 

In our state, if the state bar calls, one knows it's a baseless complaint and the state bar is merely doing it's due diligence. Since I've done plenty of family law and public defense cases in my career, I've probably had a dozen or so "calls." I give them no mind really and usually it just requires a couple minutes explaining to the state bar rep what occurred.

Now, though, if you get a letter, that's bad. I've only ever gotten one of those and that was scary. Almost hired ethics counsel to defend me. Spent a day basically without pay compiling what I needed to defend myself and the cost of our case management system and the time it takes me to save all my emails was so worth it because I was able to locate the email that "saved" me.

Curious if other state bars do it this way, too. 

 

[Zow]

My first degree murder trial at the end of this month is a go. Judge denied (I think errantly) my motions to continue. I'm now working all day Saturday on a holiday weekend, I'll be working most of this week while on my family vacation in New Jersey, and I had to cancel two golf tournaments this month. Oh, and I'm also going to have to decline all new work this month so I can pound out hundred+ hours on this appointed case where I'm paid less than a quarter of my normal hourly rate. 

The job isn't so fun sometimes.

ETA: I also forgot that I'm moving mid-month and my wife is pissed because I won't be around to help. 

 

[bigbottom]

My first degree murder trial at the end of this month is a go. Judge denied (I think errantly) my motions to continue. I'm now working all day Saturday on a holiday weekend, I'll be working most of this week while on my family vacation in New Jersey, and I had to cancel two golf tournaments this month. Oh, and I'm also going to have to decline all new work this month so I can pound out hundred+ hours on this appointed case where I'm paid less than a quarter of my normal hourly rate. 

The job isn't so fun sometimes.

ETA: I also forgot that I'm moving mid-month and my wife is pissed because I won't be around to help. 

That sucks. For what it’s worth, I have so much respect for you and for your practice. 

 

[-OZ-]

My first degree murder trial at the end of this month is a go. Judge denied (I think errantly) my motions to continue. I'm now working all day Saturday on a holiday weekend, I'll be working most of this week while on my family vacation in New Jersey, and I had to cancel two golf tournaments this month. Oh, and I'm also going to have to decline all new work this month so I can pound out hundred+ hours on this appointed case where I'm paid less than a quarter of my normal hourly rate. 

The job isn't so fun sometimes.

ETA: I also forgot that I'm moving mid-month and my wife is pissed because I won't be around to help. 

Godspeed. In one post you’ve described why I remain a federal employee instead of going after real money and reminded me that there is big money to be had. 

 

[Mr.Pack]

Lawyer help/advice needed.

The state - Wisconsin.

Backstory: Wife's nephew has lived with a woman for over 40yrs. He used to date this woman's daughter, then ended up dating, and moving in with her mom. They have been together for over 40 years. Daughter pretty much disowned her mom and really didn't have anything to do with her over those past 40+ years. They were in the process of getting his name on the title to the house seeing as he paid the mortgage for the last 5+ years, and also took out a second mortgage which he also was paying solely on because she has been disabled for quite awhile. He was getting state money to help care for her.

Well she died unexpectedly before a will was drawn up, or his name could be put on the Title, throwing everything into disarray. Upon hearing her mom died (She lives in another state) the first words out of her mouth was "You're not getting the house". Tells you what he's dealing with.

Wisconsin does not have a common-law marriage (?) law, so he feels he's screwed by this bitter bitter woman. He's called a couple of lawyers but they want $5-$10k for a retainer with no promises. He just doesn't have that kind of cash. As a family we may be able to help him out, but I'm not sure what his chances are.

Does he have any recourse here?

 

[nightmare]

Lawyer help/advice needed.

The state - Wisconsin.

Backstory: Wife's nephew has lived with a woman for over 40yrs. He used to date this woman's daughter, then ended up dating, and moving in with her mom. They have been together for over 40 years. Daughter pretty much disowned her mom and really didn't have anything to do with her over those past 40+ years. They were in the process of getting his name on the title to the house seeing as he paid the mortgage for the last 5+ years, and also took out a second mortgage which he also was paying solely on because she has been disabled for quite awhile. He was getting state money to help care for her.

Well she died unexpectedly before a will was drawn up, or his name could be put on the Title, throwing everything into disarray. Upon hearing her mom died (She lives in another state) the first words out of her mouth was "You're not getting the house". Tells you what he's dealing with.

Wisconsin does not have a common-law marriage (?) law, so he feels he's screwed by this bitter bitter woman. He's called a couple of lawyers but they want $5-$10k for a retainer with no promises. He just doesn't have that kind of cash. As a family we may be able to help him out, but I'm not sure what his chances are.

Does he have any recourse here?

She gets the house with a mortgage and 2nd mortgage?  He has to be prepared to spend that kind of money

or walk away. I'm assuming the house is worth the fight versus the debt. I'm also not a lawyer.

 

[nightmare]

Update?

 

[CletiusMaximus]

Lawyer help/advice needed.

The state - Wisconsin.

Backstory: Wife's nephew has lived with a woman for over 40yrs. He used to date this woman's daughter, then ended up dating, and moving in with her mom. They have been together for over 40 years. Daughter pretty much disowned her mom and really didn't have anything to do with her over those past 40+ years. They were in the process of getting his name on the title to the house seeing as he paid the mortgage for the last 5+ years, and also took out a second mortgage which he also was paying solely on because she has been disabled for quite awhile. He was getting state money to help care for her.

Well she died unexpectedly before a will was drawn up, or his name could be put on the Title, throwing everything into disarray. Upon hearing her mom died (She lives in another state) the first words out of her mouth was "You're not getting the house". Tells you what he's dealing with.

Wisconsin does not have a common-law marriage (?) law, so he feels he's screwed by this bitter bitter woman. He's called a couple of lawyers but they want $5-$10k for a retainer with no promises. He just doesn't have that kind of cash. As a family we may be able to help him out, but I'm not sure what his chances are.

Does he have any recourse here?

Does he have an idea how much equity is in the house? In other words, how much is at stake in this fight? Will there be any other significant claims in the estate if one is set up? While the traditional legal notion of "common law marriage" is not recognized in WI, that doesn't mean he has no rights and is not entitled to be compensated for what he contributed. He needs to stay on top of the intestate/probate proceedings and make sure he is involved in that process. Its a difficult situation as most lawyers - even street dogs and ham 'n eggers like me - will normally want a retainer as you described to get the engagement off the ground. We're all very busy these days and this isn't the kind of thing anyone wants to dig into for free.

 

[-fish-]

Received my 6th bar complaint (first five were all dismissed, since none of them were my clients). Once again, not my client. I don't know where these people come from.

This guy filed a false corporate statement under penalty of perjury. He just put down three names as corporate officers. I contacted them and they each said they knew nothing about it, weren't on the board of directors, and never gave consent to be listed on the corporate statement.

Guy is demanding that I retract my statement in the complaint that he filed a false statement. Apparently he's also making a complaint to the attorney general. How fun.

Does your state bar do the "call" versus the "letter"?

In our state, if the state bar calls, one knows it's a baseless complaint and the state bar is merely doing it's due diligence. Since I've done plenty of family law and public defense cases in my career, I've probably had a dozen or so "calls." I give them no mind really and usually it just requires a couple minutes explaining to the state bar rep what occurred.

Now, though, if you get a letter, that's bad. I've only ever gotten one of those and that was scary. Almost hired ethics counsel to defend me. Spent a day basically without pay compiling what I needed to defend myself and the cost of our case management system and the time it takes me to save all my emails was so worth it because I was able to locate the email that "saved" me.

Curious if other state bars do it this way, too.

all of mine were letters. one involved an actual investigation, which was a request for some documents.

 

[El Floppo]

Any of you guys in touch with Henry Ford?

I don't need contact- just wanted to know he was ok.

 

[Mr.Pack]

Lawyer help/advice needed.

The state - Wisconsin.

Backstory: Wife's nephew has lived with a woman for over 40yrs. He used to date this woman's daughter, then ended up dating, and moving in with her mom. They have been together for over 40 years. Daughter pretty much disowned her mom and really didn't have anything to do with her over those past 40+ years. They were in the process of getting his name on the title to the house seeing as he paid the mortgage for the last 5+ years, and also took out a second mortgage which he also was paying solely on because she has been disabled for quite awhile. He was getting state money to help care for her.

Well she died unexpectedly before a will was drawn up, or his name could be put on the Title, throwing everything into disarray. Upon hearing her mom died (She lives in another state) the first words out of her mouth was "You're not getting the house". Tells you what he's dealing with.

Wisconsin does not have a common-law marriage (?) law, so he feels he's screwed by this bitter bitter woman. He's called a couple of lawyers but they want $5-$10k for a retainer with no promises. He just doesn't have that kind of cash. As a family we may be able to help him out, but I'm not sure what his chances are.

Does he have any recourse here?

Does he have an idea how much equity is in the house? In other words, how much is at stake in this fight? Will there be any other significant claims in the estate if one is set up? While the traditional legal notion of "common law marriage" is not recognized in WI, that doesn't mean he has no rights and is not entitled to be compensated for what he contributed. He needs to stay on top of the intestate/probate proceedings and make sure he is involved in that process. Its a difficult situation as most lawyers - even street dogs and ham 'n eggers like me - will normally want a retainer as you described to get the engagement off the ground. We're all very busy these days and this isn't the kind of thing anyone wants to dig into for free.

We've told him to get to the bank and get all the statements showing what he's paid and for how long. I'm not sure about the equity, but I think there's a lot. He has contacted another lawyer who mentioned something about filing a claim.
She's planning on kicking him out Aug 31st. Not sure how she can do that since she's never paid a dime into it, but he said that's the plan. The whole thing is messed up.

 

[CletiusMaximus]

Lawyer help/advice needed.

The state - Wisconsin.

Backstory: Wife's nephew has lived with a woman for over 40yrs. He used to date this woman's daughter, then ended up dating, and moving in with her mom. They have been together for over 40 years. Daughter pretty much disowned her mom and really didn't have anything to do with her over those past 40+ years. They were in the process of getting his name on the title to the house seeing as he paid the mortgage for the last 5+ years, and also took out a second mortgage which he also was paying solely on because she has been disabled for quite awhile. He was getting state money to help care for her.

Well she died unexpectedly before a will was drawn up, or his name could be put on the Title, throwing everything into disarray. Upon hearing her mom died (She lives in another state) the first words out of her mouth was "You're not getting the house". Tells you what he's dealing with.

Wisconsin does not have a common-law marriage (?) law, so he feels he's screwed by this bitter bitter woman. He's called a couple of lawyers but they want $5-$10k for a retainer with no promises. He just doesn't have that kind of cash. As a family we may be able to help him out, but I'm not sure what his chances are.

Does he have any recourse here?

Does he have an idea how much equity is in the house? In other words, how much is at stake in this fight? Will there be any other significant claims in the estate if one is set up? While the traditional legal notion of "common law marriage" is not recognized in WI, that doesn't mean he has no rights and is not entitled to be compensated for what he contributed. He needs to stay on top of the intestate/probate proceedings and make sure he is involved in that process. Its a difficult situation as most lawyers - even street dogs and ham 'n eggers like me - will normally want a retainer as you described to get the engagement off the ground. We're all very busy these days and this isn't the kind of thing anyone wants to dig into for free.

We've told him to get to the bank and get all the statements showing what he's paid and for how long. I'm not sure about the equity, but I think there's a lot. He has contacted another lawyer who mentioned something about filing a claim.
She's planning on kicking him out Aug 31st. Not sure how she can do that since she's never paid a dime into it, but he said that's the plan. The whole thing is messed up.

Wow - good luck to him, this sucks. If she's threatening to kick him out, I assume that means the title has already been transferred to her?

 

[Zow]

Lawyer help/advice needed.

The state - Wisconsin.

Backstory: Wife's nephew has lived with a woman for over 40yrs. He used to date this woman's daughter, then ended up dating, and moving in with her mom. They have been together for over 40 years. Daughter pretty much disowned her mom and really didn't have anything to do with her over those past 40+ years. They were in the process of getting his name on the title to the house seeing as he paid the mortgage for the last 5+ years, and also took out a second mortgage which he also was paying solely on because she has been disabled for quite awhile. He was getting state money to help care for her.

Well she died unexpectedly before a will was drawn up, or his name could be put on the Title, throwing everything into disarray. Upon hearing her mom died (She lives in another state) the first words out of her mouth was "You're not getting the house". Tells you what he's dealing with.

Wisconsin does not have a common-law marriage (?) law, so he feels he's screwed by this bitter bitter woman. He's called a couple of lawyers but they want $5-$10k for a retainer with no promises. He just doesn't have that kind of cash. As a family we may be able to help him out, but I'm not sure what his chances are.

Does he have any recourse here?

Does he have an idea how much equity is in the house? In other words, how much is at stake in this fight? Will there be any other significant claims in the estate if one is set up? While the traditional legal notion of "common law marriage" is not recognized in WI, that doesn't mean he has no rights and is not entitled to be compensated for what he contributed. He needs to stay on top of the intestate/probate proceedings and make sure he is involved in that process. Its a difficult situation as most lawyers - even street dogs and ham 'n eggers like me - will normally want a retainer as you described to get the engagement off the ground. We're all very busy these days and this isn't the kind of thing anyone wants to dig into for free.

We've told him to get to the bank and get all the statements showing what he's paid and for how long. I'm not sure about the equity, but I think there's a lot. He has contacted another lawyer who mentioned something about filing a claim.
She's planning on kicking him out Aug 31st. Not sure how she can do that since she's never paid a dime into it, but he said that's the plan. The whole thing is messed up.

This sounds like a really ugly, nuanced situation that only a Wisconsin lawyer can answer. If he's got thousands in equity into the home it is probably worth retaining the lawyer for $5k.

 

[Zow]

Just finished a three week murder trial last week. First trial loss for me where natural life was on the table (was previously 4-0 in getting acquittals). It's incredible how absolutely draining that process is/was and I had the benefit of an incredible defense team (my entire staff plus 2 investigators, 2 crime scene analysis experts, and jury consultants). Essentially every waking minute focuses on the case during that time but for maybe one of the weekend days.

What is also draining is as follows:
1. People errantly believe this is a money making venture when in reality I would have brought in the same gross revenue by just casually working family law cases no more than 40 hours per week each week;
2. Friends of mine in that jurisdiction were reaching out to me telling me they lost some respect and were surprised I'd represent this particular defendant;
3. No matter how well I believed the day's performance was the client demands more and complains about me being "too nice and professional";
4. Living out of a hotel for three weeks really get old;
5. The judge (I think somewhat unwisely as it sets up appellate issues) effectively ruled against me on almost all legal issues that arose;
6. Dealing with some pretty heinous materials and seeing/hearing/learning things that must be kept secret;
7. And, perhaps the most draining, is driving away from one's crying children after explaining why daddy works so much.

Seriously considering either dialing back my hours and/or seeking some counseling.

 

[lardonastick]

Just finished a three week murder trial last week. First trial loss for me where natural life was on the table (was previously 4-0 in getting acquittals). It's incredible how absolutely draining that process is/was and I had the benefit of an incredible defense team (my entire staff plus 2 investigators, 2 crime scene analysis experts, and jury consultants). Essentially every waking minute focuses on the case during that time but for maybe one of the weekend days.

What is also draining is as follows:
1. People errantly believe this is a money making venture when in reality I would have brought in the same gross revenue by just casually working family law cases no more than 40 hours per week each week;
2. Friends of mine in that jurisdiction were reaching out to me telling me they lost some respect and were surprised I'd represent this particular defendant;
3. No matter how well I believed the day's performance was the client demands more and complains about me being "too nice and professional";
4. Living out of a hotel for three weeks really get old;
5. The judge (I think somewhat unwisely as it sets up appellate issues) effectively ruled against me on almost all legal issues that arose;
6. Dealing with some pretty heinous materials and seeing/hearing/learning things that must be kept secret;
7. And, perhaps the most draining, is driving away from one's crying children after explaining why daddy works so much.

Seriously considering either dialing back my hours and/or seeking some counseling.

That sucks dude. Especially #2. Keep fighting the good fight.

 

[-fish-]

Just finished a three week murder trial last week. First trial loss for me where natural life was on the table (was previously 4-0 in getting acquittals). It's incredible how absolutely draining that process is/was and I had the benefit of an incredible defense team (my entire staff plus 2 investigators, 2 crime scene analysis experts, and jury consultants). Essentially every waking minute focuses on the case during that time but for maybe one of the weekend days.

What is also draining is as follows:
1. People errantly believe this is a money making venture when in reality I would have brought in the same gross revenue by just casually working family law cases no more than 40 hours per week each week;
2. Friends of mine in that jurisdiction were reaching out to me telling me they lost some respect and were surprised I'd represent this particular defendant;
3. No matter how well I believed the day's performance was the client demands more and complains about me being "too nice and professional";
4. Living out of a hotel for three weeks really get old;
5. The judge (I think somewhat unwisely as it sets up appellate issues) effectively ruled against me on almost all legal issues that arose;
6. Dealing with some pretty heinous materials and seeing/hearing/learning things that must be kept secret;
7. And, perhaps the most draining, is driving away from one's crying children after explaining why daddy works so much.

Seriously considering either dialing back my hours and/or seeking some counseling.

Dial it back. You never get the missed time with your kids back.

 

[bigbottom]

Just finished a three week murder trial last week. First trial loss for me where natural life was on the table (was previously 4-0 in getting acquittals). It's incredible how absolutely draining that process is/was and I had the benefit of an incredible defense team (my entire staff plus 2 investigators, 2 crime scene analysis experts, and jury consultants). Essentially every waking minute focuses on the case during that time but for maybe one of the weekend days.

What is also draining is as follows:
1. People errantly believe this is a money making venture when in reality I would have brought in the same gross revenue by just casually working family law cases no more than 40 hours per week each week;
2. Friends of mine in that jurisdiction were reaching out to me telling me they lost some respect and were surprised I'd represent this particular defendant;
3. No matter how well I believed the day's performance was the client demands more and complains about me being "too nice and professional";
4. Living out of a hotel for three weeks really get old;
5. The judge (I think somewhat unwisely as it sets up appellate issues) effectively ruled against me on almost all legal issues that arose;
6. Dealing with some pretty heinous materials and seeing/hearing/learning things that must be kept secret;
7. And, perhaps the most draining, is driving away from one's crying children after explaining why daddy works so much.

Seriously considering either dialing back my hours and/or seeking some counseling.

Man, I’m so sorry to hear that. Please take care of yourself.

 

[Mr.Pack]

Lawyer help/advice needed.

The state - Wisconsin.

Backstory: Wife's nephew has lived with a woman for over 40yrs. He used to date this woman's daughter, then ended up dating, and moving in with her mom. They have been together for over 40 years. Daughter pretty much disowned her mom and really didn't have anything to do with her over those past 40+ years. They were in the process of getting his name on the title to the house seeing as he paid the mortgage for the last 5+ years, and also took out a second mortgage which he also was paying solely on because she has been disabled for quite awhile. He was getting state money to help care for her.

Well she died unexpectedly before a will was drawn up, or his name could be put on the Title, throwing everything into disarray. Upon hearing her mom died (She lives in another state) the first words out of her mouth was "You're not getting the house". Tells you what he's dealing with.

Wisconsin does not have a common-law marriage (?) law, so he feels he's screwed by this bitter bitter woman. He's called a couple of lawyers but they want $5-$10k for a retainer with no promises. He just doesn't have that kind of cash. As a family we may be able to help him out, but I'm not sure what his chances are.

Does he have any recourse here?

Does he have an idea how much equity is in the house? In other words, how much is at stake in this fight? Will there be any other significant claims in the estate if one is set up? While the traditional legal notion of "common law marriage" is not recognized in WI, that doesn't mean he has no rights and is not entitled to be compensated for what he contributed. He needs to stay on top of the intestate/probate proceedings and make sure he is involved in that process. Its a difficult situation as most lawyers - even street dogs and ham 'n eggers like me - will normally want a retainer as you described to get the engagement off the ground. We're all very busy these days and this isn't the kind of thing anyone wants to dig into for free.

We've told him to get to the bank and get all the statements showing what he's paid and for how long. I'm not sure about the equity, but I think there's a lot. He has contacted another lawyer who mentioned something about filing a claim.
She's planning on kicking him out Aug 31st. Not sure how she can do that since she's never paid a dime into it, but he said that's the plan. The whole thing is messed up.

This sounds like a really ugly, nuanced situation that only a Wisconsin lawyer can answer. If he's got thousands in equity into the home it is probably worth retaining the lawyer for $5k.

To make it worse, he had until Aug 31st to clear out, but they came today and locked him out, two weeks early. I's an ugly ugly mess. She's the biggest see you next tuesday I've ever known.

 

[Mr.Pack]

Lawyer help/advice needed.

The state - Wisconsin.

Backstory: Wife's nephew has lived with a woman for over 40yrs. He used to date this woman's daughter, then ended up dating, and moving in with her mom. They have been together for over 40 years. Daughter pretty much disowned her mom and really didn't have anything to do with her over those past 40+ years. They were in the process of getting his name on the title to the house seeing as he paid the mortgage for the last 5+ years, and also took out a second mortgage which he also was paying solely on because she has been disabled for quite awhile. He was getting state money to help care for her.

Well she died unexpectedly before a will was drawn up, or his name could be put on the Title, throwing everything into disarray. Upon hearing her mom died (She lives in another state) the first words out of her mouth was "You're not getting the house". Tells you what he's dealing with.

Wisconsin does not have a common-law marriage (?) law, so he feels he's screwed by this bitter bitter woman. He's called a couple of lawyers but they want $5-$10k for a retainer with no promises. He just doesn't have that kind of cash. As a family we may be able to help him out, but I'm not sure what his chances are.

Does he have any recourse here?

Does he have an idea how much equity is in the house? In other words, how much is at stake in this fight? Will there be any other significant claims in the estate if one is set up? While the traditional legal notion of "common law marriage" is not recognized in WI, that doesn't mean he has no rights and is not entitled to be compensated for what he contributed. He needs to stay on top of the intestate/probate proceedings and make sure he is involved in that process. Its a difficult situation as most lawyers - even street dogs and ham 'n eggers like me - will normally want a retainer as you described to get the engagement off the ground. We're all very busy these days and this isn't the kind of thing anyone wants to dig into for free.

We've told him to get to the bank and get all the statements showing what he's paid and for how long. I'm not sure about the equity, but I think there's a lot. He has contacted another lawyer who mentioned something about filing a claim.
She's planning on kicking him out Aug 31st. Not sure how she can do that since she's never paid a dime into it, but he said that's the plan. The whole thing is messed up.

Wow - good luck to him, this sucks. If she's threatening to kick him out, I assume that means the title has already been transferred to her?

I'm not sure what the hell is going on. It's ugly tho

 

[GroveDiesel]

How to get a re-trial in one easy step

 

[Zow]

How to get a re-trial in one easy step

What the...

 

[Zow]

So today I'm meeting with one of our brand new associate attorneys who will be primarily be assisting me with my criminal cases. She's not ugly. Let's just say that pre-marriage Woz would have been pretty stoked to see her come aboard.

Anyway, we are having a good conversation about taking the bar, how we got started, etc. She then drops the "well, somebody from your generation..." statement on me.

I still thought I was young for this work. Now I'm the older guy.

 

[johnnycakes]

So today I'm meeting with one of our brand new associate attorneys who will be primarily be assisting me with my criminal cases. She's not ugly. Let's just saw that pre-marriage Woz would have been pretty stoked to see her come aboard.

Anyway, we are having a good conversation about taking the bar, how we got started, etc. She then drops the "well, somebody from your generation..." statement on me.

I still thought I was young for this work. Now I'm the older guy.

Wake up call!

 

[Dezbelief]

So today I'm meeting with one of our brand new associate attorneys who will be primarily be assisting me with my criminal cases. She's not ugly. Let's just say that pre-marriage Woz would have been pretty stoked to see her come aboard.

Anyway, we are having a good conversation about taking the bar, how we got started, etc. She then drops the "well, somebody from your generation..." statement on me.

I still thought I was young for this work. Now I'm the older guy.

Not as bad as the new hot thang at work seeing you out and about on the weekend with your kids and then commenting on your grandkids at work on Monday. Not that that's happened to me or anything.

 

[Otis]

Lawyers. Sheesh.

 

[The_Man]

My kid has been tapped by his school’s clerkship committee to interview with a 9th Circuit judge who hires one clerk from his school each year. But the judge, while reportedly a great person to work for and not a crazy ideologue, is a Trump appointee. My kid is liberal, doesn’t want to do BigLaw, wants to do boutique plaintiffs litigation or maybe public interest.

Is there a possibility he gets stigmatized in the eyes of potential liberal employers if he were to clerk for a Trump-appointed judge?

 

[thecatch]

My kid has been tapped by his school’s clerkship committee to interview with a 9th Circuit judge who hires one clerk from his school each year. But the judge, while reportedly a great person to work for and not a crazy ideologue, is a Trump appointee. My kid is liberal, doesn’t want to do BigLaw, wants to do boutique plaintiffs litigation or maybe public interest.

Is there a possibility he gets stigmatized in the eyes of potential liberal employers if he were to clerk for a Trump-appointed judge?

It’s possible there are fringe leftists that will find that clerkship disqualifying. I don’t think that group is very large to the extent it exists, and holding that view would speak very poorly of them, however. I’d be more concerned that your son might find the experience unsatisfying depending on how militantly liberal he is and who the judge is (I should say either way it would be a great experience - lawyers have to learn to represent people they don’t agree with and learning how a conservative judge thinks is going to be a career asset - but not all young attorneys see it that way) . Without getting into details, I know the Ninth Circuit pretty well so feel free to PM me if you want more info on that particular judge. Some Trump appointees are more radical than others.

 

[Dezbelief]

My kid has been tapped by his school’s clerkship committee to interview with a 9th Circuit judge who hires one clerk from his school each year. But the judge, while reportedly a great person to work for and not a crazy ideologue, is a Trump appointee. My kid is liberal, doesn’t want to do BigLaw, wants to do boutique plaintiffs litigation or maybe public interest.

Is there a possibility he gets stigmatized in the eyes of potential liberal employers if he were to clerk for a Trump-appointed judge?

Not a lawyer, but I was named after one. Is that as good as staying at a Holliday Inn Express? One of the people I admire most was my ideological opposite. I enjoyed working for him and I enjoyed when he would invite me to sit down to exchange our differing views and takes on the world. I would encourage your son to take a peek behind the curtain of the other side and absorb as much knowledge as he can. Any future employer or organization that would begrudge your son for such a thing doesn't deserve your son's time or energy.

I do defer to those with more knowledge in this area and more knowledge in general than I.


Edit- good luck and congratulations to your son on being considered.

 

[Don Quixote]

I would not worry too much about future employer (particularly at appellate level), but if hoping to go from there to a Supreme Court judge, some may be better feeder judges than others.

I think judges do pre-select for that a bit though. If the judge is pretty hard conservative, they will be looking for the Federalist Society in the activities section of the resume.

 

[The_Man]

My kid has been tapped by his school’s clerkship committee to interview with a 9th Circuit judge who hires one clerk from his school each year. But the judge, while reportedly a great person to work for and not a crazy ideologue, is a Trump appointee. My kid is liberal, doesn’t want to do BigLaw, wants to do boutique plaintiffs litigation or maybe public interest.

Is there a possibility he gets stigmatized in the eyes of potential liberal employers if he were to clerk for a Trump-appointed judge?

It’s possible there are fringe leftists that will find that clerkship disqualifying. I don’t think that group is very large to the extent it exists, and holding that view would speak very poorly of them, however. I’d be more concerned that your son might find the experience unsatisfying depending on how militantly liberal he is and who the judge is (I should say either way it would be a great experience - lawyers have to learn to represent people they don’t agree with and learning how a conservative judge thinks is going to be a career asset - but not all young attorneys see it that way) . Without getting into details, I know the Ninth Circuit pretty well so feel free to PM me if you want more info on that particular judge. Some Trump appointees are more radical than others.

Thanks! He decided he’s going to apply. I’ll give you a shout if it turns out he ends up getting an offer. Though the clerkship coordinator basically told him not to take the interview if he wouldn’t accept an offer

 

[Uruk-Hai]

As with most things, I am a complete idiot about how the juror duty thing works.

I've been selected as a petit juror for my county's Circuit Court. I am to show up at the courthouse this coming Monday morning. Am I part of a pool at this point, or am I walking into immediate jury duty? I figure it would be nice to let my employers know what to expect.

Thanks!

 

[Zow]

As with most things, I am a complete idiot about how the juror duty thing works.

I've been selected as a petit juror for my county's Circuit Court. I am to show up at the courthouse this coming Monday morning. Am I part of a pool at this point, or am I walking into immediate jury duty? I figure it would be nice to let my employers know what to expect.

Thanks!

This may be jurisdiction specific, but it's likely that there's a trial set* and you're in the pool. Your odds of then being empaneled, depending on the number of jurors, is probably significantly less than fifty percent. In my jurisdiction we usually pool at least 50 (oftentimes much more) to empanel a jury of 12 plus an alternate or two.

You likely will know by the end of the day Monday the length of the trial and whether you're on. So, at this point, I'd tell your employer you're likely unavailable Monday (presumably today) and will know more thereafter but odds are you'll be back to work Tuesday.

 

[Uruk-Hai]

This may be jurisdiction specific, but it's likely that there's a trial set* and you're in the pool. Your odds of then being empaneled, depending on the number of jurors, is probably significantly less than fifty percent. In my jurisdiction we usually pool at least 50 (oftentimes much more) to empanel a jury of 12 plus an alternate or two.

You likely will know by the end of the day Monday the length of the trial and whether you're on. So, at this point, I'd tell your employer you're likely unavailable Monday (presumably today) and will know more thereafter but odds are you'll be back to work Tuesday.

Thanks, Woz. The paperwork was confusing.

It's next Monday (24th). They told me to call the night before (which would be Sunday) to make sure the game is still on. I guess it's a recording saying "get yer *** in here in the morning" or "don't bother".

So, what happens Monday? They interview me and then turn me loose for the time being?

 

[Zow]

This may be jurisdiction specific, but it's likely that there's a trial set* and you're in the pool. Your odds of then being empaneled, depending on the number of jurors, is probably significantly less than fifty percent. In my jurisdiction we usually pool at least 50 (oftentimes much more) to empanel a jury of 12 plus an alternate or two.

You likely will know by the end of the day Monday the length of the trial and whether you're on. So, at this point, I'd tell your employer you're likely unavailable Monday (presumably today) and will know more thereafter but odds are you'll be back to work Tuesday.

Thanks, Woz. The paperwork was confusing.

It's next Monday (24th). They told me to call the night before (which would be Sunday) to make sure the game is still on. I guess it's a recording saying "get yer *** in here in the morning" or "don't bother".

So, what happens Monday? They interview me and then turn me loose for the time being?

This is still really jurisdiction-specific so don't take this as 100%, but it's likely you'll be interviewed as an entire panel (you may receive some preliminary questions via questionnaire beforehand) and then you'd be either struck for cause (e.g. if you have a conflict, can't be fair and impartial, etc.) or you wait around for final selections. In other words, it may be a longer and boring day but you should know whether your service is over or not before you go home.

 

[Uruk-Hai]

This may be jurisdiction specific, but it's likely that there's a trial set* and you're in the pool. Your odds of then being empaneled, depending on the number of jurors, is probably significantly less than fifty percent. In my jurisdiction we usually pool at least 50 (oftentimes much more) to empanel a jury of 12 plus an alternate or two.

You likely will know by the end of the day Monday the length of the trial and whether you're on. So, at this point, I'd tell your employer you're likely unavailable Monday (presumably today) and will know more thereafter but odds are you'll be back to work Tuesday.

Thanks, Woz. The paperwork was confusing.

It's next Monday (24th). They told me to call the night before (which would be Sunday) to make sure the game is still on. I guess it's a recording saying "get yer *** in here in the morning" or "don't bother".

So, what happens Monday? They interview me and then turn me loose for the time being?

This is still really jurisdiction-specific so don't take this as 100%, but it's likely you'll be interviewed as an entire panel (you may receive some preliminary questions via questionnaire beforehand) and then you'd be either struck for cause (e.g. if you have a conflict, can't be fair and impartial, etc.) or you wait around for final selections. In other words, it may be a longer and boring day but you should know whether your service is over or not before you go home.

We had to fill out a form beforehand and e mail it in. They asked questions like (paraphrasing) "do you have a dependent you are a caregiver for", "do you have (list of illnesses)", and some others. There was also a comments area I left blank, though my coworkers would probably want to kill me if I was gone for any amount of time as we are getting set to be slammed.

 

[Zow]

This may be jurisdiction specific, but it's likely that there's a trial set* and you're in the pool. Your odds of then being empaneled, depending on the number of jurors, is probably significantly less than fifty percent. In my jurisdiction we usually pool at least 50 (oftentimes much more) to empanel a jury of 12 plus an alternate or two.

You likely will know by the end of the day Monday the length of the trial and whether you're on. So, at this point, I'd tell your employer you're likely unavailable Monday (presumably today) and will know more thereafter but odds are you'll be back to work Tuesday.

Thanks, Woz. The paperwork was confusing.

It's next Monday (24th). They told me to call the night before (which would be Sunday) to make sure the game is still on. I guess it's a recording saying "get yer *** in here in the morning" or "don't bother".

So, what happens Monday? They interview me and then turn me loose for the time being?

This is still really jurisdiction-specific so don't take this as 100%, but it's likely you'll be interviewed as an entire panel (you may receive some preliminary questions via questionnaire beforehand) and then you'd be either struck for cause (e.g. if you have a conflict, can't be fair and impartial, etc.) or you wait around for final selections. In other words, it may be a longer and boring day but you should know whether your service is over or not before you go home.

We had to fill out a form beforehand and e mail it in. They asked questions like (paraphrasing) "do you have a dependent you are a caregiver for", "do you have (list of illnesses)", and some others. There was also a comments area I left blank, though my coworkers would probably want to kill me if I was gone for any amount of time as we are getting set to be slammed.

Jury service is never convenient to anybody. I get that it sucks, but it is nonetheless your civic duty and part of being a citizen in this country. Please take it seriously.

 

[Uruk-Hai]

Jury service is never convenient to anybody. I get that it sucks, but it is nonetheless your civic duty and part of being a citizen in this country. Please take it seriously.

Oh, I am. I'm 60 years old and have never had to do it. My company will pay me for 30 days of jury duty, so it's not the money. I just hate dumping my work on others.

 

[Uruk-Hai]

This is still really jurisdiction-specific so don't take this as 100%, but it's likely you'll be interviewed as an entire panel (you may receive some preliminary questions via questionnaire beforehand) and then you'd be either struck for cause (e.g. if you have a conflict, can't be fair and impartial, etc.) or you wait around for final selections. In other words, it may be a longer and boring day but you should know whether your service is over or not before you go home.

Ok. So I went through my first selection process today.

I have a couple of questions about the process that wasn't explained (fully realizing that none of y'all know the specifics of my County).

The Clerk of the Court told us 113 people were summoned. 65 showed up. I'm assuming many of those who didn't make it got an excused absence. What happens to those who didn't make any effort?

When those of us who did show entered the courtroom (after a complete cluster-**** of a sign-in process), there were 5 people sitting in the jury box. After a break, they weren't there. Who were they? They were all well-dressed and seemed to know the bailiffs.

I got cut at the very end and have to go back on Thursday for another selection. I'm fine with that; this case looked to be brutal and heart-wrenching. I got a low number and heard one of the clerks tell someone with a higher # they probably wouldn't have to worry about being chosen today.

 

[Dezbelief]

What happens to those who didn't make any effort?

In my county they receive a summons for the next jury duty, two no shows and they get a warrant for their arrest.

 

[Zow]

This is still really jurisdiction-specific so don't take this as 100%, but it's likely you'll be interviewed as an entire panel (you may receive some preliminary questions via questionnaire beforehand) and then you'd be either struck for cause (e.g. if you have a conflict, can't be fair and impartial, etc.) or you wait around for final selections. In other words, it may be a longer and boring day but you should know whether your service is over or not before you go home.

Ok. So I went through my first selection process today.

I have a couple of questions about the process that wasn't explained (fully realizing that none of y'all know the specifics of my County).

The Clerk of the Court told us 113 people were summoned. 65 showed up. I'm assuming many of those who didn't make it got an excused absence. What happens to those who didn't make any effort?

When those of us who did show entered the courtroom (after a complete cluster-**** of a sign-in process), there were 5 people sitting in the jury box. After a break, they weren't there. Who were they? They were all well-dressed and seemed to know the bailiffs.

I got cut at the very end and have to go back on Thursday for another selection. I'm fine with that; this case looked to be brutal and heart-wrenching. I got a low number and heard one of the clerks tell someone with a higher # they probably wouldn't have to worry about being chosen today.

1. Some probably were excused for an obvious reason (e.g. serious health issue, didn't live in the jurisdiction anymore). Some probably just didn't show.
2. Probably depends on the jurisdiction on there policies. In theory, they could have a warrant issued for their arrest for failing to obey a court order (at least there's a statute likely on point in my jurisdiction). Or, more practically, nothing could happen. I believe in my jurisdiction they just get put back into the next cycle's summonsed jury and given a chance to reappear. If they don't, then usually the court calls them or something. I have heard rumors of judges issuing warrants for blatant violations, but I've never seen it myself.
3. Not sure. Could be as simple as some interns/new attorneys sitting in the box. I suppose they could also be law enforcement.