The Lawyer Thread Where We Stop Ruining Other Threads (1 Viewer)

[Yankee23Fan]

Also, please ignore any typos or grammatical errors and consider none of this to be legal advice because I'm about s bottle of wine deep. Because family law drives you to drink.

Been there.

 

[Zow]

You guys might want to take it easy on the KC DA's office. Just saying

https://en.m.wikipedia.org/wiki/Kern_County_child_abuse_cases

Ha, I've referenced the McMartin school case in closing argument on a trial I won where my client faced similar charges with nothing but a small child's say so. Never knew that kern county had a big run of weak sex cases too. On the positive side you're not Arizona - which is nearly responsible for creating the bulk of our fourth amendment case law because our crazy state keeps saying, "yes, officers can do this..." And the supremes say, "you're nuts, no they can't."

 

[Instinctive]

You guys might want to take it easy on the KC DA's office. Just saying

https://en.m.wikipedia.org/wiki/Kern_County_child_abuse_cases

Ha, I've referenced the McMartin school case in closing argument on a trial I won where my client faced similar charges with nothing but a small child's say so. Never knew that kern county had a big run of weak sex cases ton the positive side you're not Arizona - which is nearly responsible for creating the bulk of our fourth amendment case law because our crazy state keeps saying, "yes, officers can do this..." And the supremes say, "you're nuts, no they can't."

Taking Criminal Procedure: Investigations right now, and have definitely noticed Arizona comes up a lot. And we haven't even gotten into Miranda and stuff (we've been only 4th til now, next week we start the 5th). AZ especially seems to set a lot of what we call special needs exceptions in the "Border" category.

 

[Christo]

So this has been buzzing around the Daley Center for a few weeks.

 

[Officer Pete Malloy]

You guys might want to take it easy on the KC DA's office. Just sayinghttps://en.m.wikipedia.org/wiki/Kern_County_child_abuse_cases

Ha, I've referenced the McMartin school case in closing argument on a trial I won where my client faced similar charges with nothing but a small child's say so. Never knew that kern county had a big run of weak sex cases too. On the positive side you're not Arizona - which is nearly responsible for creating the bulk of our fourth amendment case law because our crazy state keeps saying, "yes, officers can do this..." And the supremes say, "you're nuts, no they can't."

I blame that Miranda dude.

Seriously though...for years the Kern County DA was a guy named Jagels. Feel free to do your own research. Pretty GD scary.

This book is full of half truths and the author was pretty much a hack so take it with a grain of salt but some of it is spot on. https://books.google.com/books/about/Mean_Justice.html?id=_rw34GjIvgkC

 

[Otis]

My boss just brought in a bottle of Dom and offered to make me partner with a raise.

I'm mildly annoyed because I still have a bunch of work to do and he's killing my diet bet.

Woah congrats GB!!!

 

[Otis]

Woz, how is partner life? Mo money mo problems? More stress?

 

[Otis]

OK - more job negotiation advice needed. I'm negotiating with a small (2 partner, 2 associate) firm. I've never worked in an actual firm before. How much vacation time do lawyers who don't work for the government or themselves typically get?

Always a tricky area. Ask for three weeks with an eye to landing two if they play hardball.

While I think three weeks is a good place to land, no, don't "ask for" anything. Never throw out the first gambit; they should make the first offer. But as others have stated, large firms will give four weeks, though I too worked at one large firm that did the "take whatever you want" approach.

Climbers don't do vacation, brah.

 

[Officer Pete Malloy]

OK - more job negotiation advice needed. I'm negotiating with a small (2 partner, 2 associate) firm. I've never worked in an actual firm before. How much vacation time do lawyers who don't work for the government or themselves typically get?

Always a tricky area. Ask for three weeks with an eye to landing two if they play hardball.

While I think three weeks is a good place to land, no, don't "ask for" anything. Never throw out the first gambit; they should make the first offer. But as others have stated, large firms will give four weeks, though I too worked at one large firm that did the "take whatever you want" approach.

Climbers don't do vacation, brah.

Word. When sharks stop swimming they die. :sharkscreech:

 

[the rover]

Well that was fun. Plaintiff's expert hasn't been paid and their lawyer didn't show up to his deposition (probably because he hasn't been paid either) He testified that my client didn't do anything wrong and that the plaintiff is unreasonable.

seems malpracticy to not show up

Whole case has been weird. We have trial in 30 days. They have no case. Mediator told them they can't win at trial and they should take a waiver of fees in exchange for dismissal. They agreed, but then wouldn't sign an agreement and then tripled their demand. They didn't take our expert's depo.

I feel like a last minute motion to withdraw might be coming.

Guy missed the deadline for ER 904 (undisputed evidence) and never responded to my request to cooperate with drafting the joint confirmation of trial readiness. Neither is actually mandatory, but it's weird. All I can figure is he isn't being paid and he's sending letters to his client setting them up for withdrawal.

 

[Otis]

OK - more job negotiation advice needed. I'm negotiating with a small (2 partner, 2 associate) firm. I've never worked in an actual firm before. How much vacation time do lawyers who don't work for the government or themselves typically get?

Always a tricky area. Ask for three weeks with an eye to landing two if they play hardball.

While I think three weeks is a good place to land, no, don't "ask for" anything. Never throw out the first gambit; they should make the first offer. But as others have stated, large firms will give four weeks, though I too worked at one large firm that did the "take whatever you want" approach.

Climbers don't do vacation, brah.

Word. When sharks stop swimming they die. :sharkscreech:

 

[Zow]

Woz, how is partner life? Mo money mo problems? More stress?

Small firm. "Partner" means something different than what it does on your firm. It's a raise - that'll be realized in about a year. Eventually my name will get on the letterhead. For now, the only real practical difference is that the original named partners can't order me to cover their hearings if it makes my life miserable and I can take vacation whenever I want.

 

[Otis]

Woz, how is partner life? Mo money mo problems? More stress?

Small firm. "Partner" means something different than what it does on your firm. It's a raise - that'll be realized in about a year. Eventually my name will get on the letterhead. For now, the only real practical difference is that the original named partners can't order me to cover their hearings if it makes my life miserable and I can take vacation whenever I want.

More money, less stress. Sounds like a no brainer.

 

[Yankee23Fan]

So, who has a growing divorce practice with cases that all have the phrase - Ashley Madison - in them somewhere?

 

[Ray Karpis]

Waiting on a jury to come back = the worst.

 

[Henry Ford]

Waiting on a jury to come back = the worst.

All the likes.

 

[Ray Karpis]

Condemnation case. I represent the utility.

Landowner asks for $155,000. We request $11,000.

Jury awards $30,000.

Client happy. Win.

ETA:

We offered $35K in mediation.

 

[Zow]

Condemnation case. I represent the utility.

Landowner asks for $155,000. We request $11,000.

Jury awards $30,000.

Client happy. Win.

ETA:

We offered $35K in mediation.

Will you get awarded attorney's fees?

 

[Zow]

Waiting on a jury to come back = the worst.

All the likes.

I find it strangely thrilling.

 

[Ramsay Hunt Experience]

Condemnation case. I represent the utility.

Landowner asks for $155,000. We request $11,000.

Jury awards $30,000.

Client happy. Win.

ETA:

We offered $35K in mediation.

Will you get awarded attorney's fees?

Why would he possibly get awarded attorney's fees for forcing a landowner to sell his property?

NOTE: I'm fine with eminent domain, but holdouts looking for a bigger payday are just part of the system.

 

[Thorn]

Had a client with a third-party claim tell me it seems unconstitutional for an insurer to have an exclusion from coverage for the insured's intentional acts.

 

[Zow]

Condemnation case. I represent the utility.

Landowner asks for $155,000. We request $11,000.

Jury awards $30,000.

Client happy. Win.

ETA:

We offered $35K in mediation.

Will you get awarded attorney's fees?

Why would he possibly get awarded attorney's fees for forcing a landowner to sell his property?

NOTE: I'm fine with eminent domain, but holdouts looking for a bigger payday are just part

of the system.

I'm still trying to learn civil practice and know nothing about a condemnation case, but in my jurisdiction there is a rule that I interpret to mean that if a trial result is worse than any settlement offer, even if that result is an award, the defendant can get his attorneys fees. I was wondering if that applied here. Admittedly it's s rule/concept that I'm not well learned on.

 

[Yankee23Fan]

Condemnation case. I represent the utility.

Landowner asks for $155,000. We request $11,000.

Jury awards $30,000.

Client happy. Win.

ETA:

We offered $35K in mediation.

Good job.

 

[Henry Ford]

Condemnation case. I represent the utility.

Landowner asks for $155,000. We request $11,000.

Jury awards $30,000.

Client happy. Win.

ETA:

We offered $35K in mediation.

Will you get awarded attorney's fees?

Why would he possibly get awarded attorney's fees for forcing a landowner to sell his property?

NOTE: I'm fine with eminent domain, but holdouts looking for a bigger payday are just part

of the system.

I'm still trying to learn civil practice and know nothing about a condemnation case, but in my jurisdiction there is a rule that I interpret to mean that if a trial result is worse than any settlement offer, even if that result is an award, the defendant can get his attorneys fees. I was wondering if that applied here. Admittedly it's s rule/concept that I'm not well learned on.

Probably an offer of judgment rule.

 

[Zow]

Condemnation case. I represent the utility.

Landowner asks for $155,000. We request $11,000.

Jury awards $30,000.

Client happy. Win.

ETA:

We offered $35K in mediation.

Will you get awarded attorney's fees?

Why would he possibly get awarded attorney's fees for forcing a landowner to sell his property?

NOTE: I'm fine with eminent domain, but holdouts looking for a bigger payday are just part

of the system.

I'm still trying to learn civil practice and know nothing about a condemnation case, but in my jurisdiction there is a rule that I interpret to mean that if a trial result is worse than any settlement offer, even if that result is an award, the defendant can get his attorneys fees. I was wondering if that applied here. Admittedly it's s rule/concept that I'm not well learned on.

Probably an offer of judgment rule.

So there'd have to be a formal - filed with court - offer of judgment? And that would be defined to not include offers at mediation?

 

[Ray Karpis]

Condemnation case. I represent the utility.

Landowner asks for $155,000. We request $11,000.

Jury awards $30,000.

Client happy. Win.

ETA:

We offered $35K in mediation.

Will you get awarded attorney's fees?

Why would he possibly get awarded attorney's fees for forcing a landowner to sell his property?

NOTE: I'm fine with eminent domain, but holdouts looking for a bigger payday are just part

of the system.

I'm still trying to learn civil practice and know nothing about a condemnation case, but in my jurisdiction there is a rule that I interpret to mean that if a trial result is worse than any settlement offer, even if that result is an award, the defendant can get his attorneys fees. I was wondering if that applied here. Admittedly it's s rule/concept that I'm not well learned on.

Probably an offer of judgment rule.

So there'd have to be a formal - filed with court - offer of judgment? And that would be defined to not include offers at mediation?

No offer of judgment rule in state court in my jurisdiction, and it's very seldom used in federal court.

 

[Ray Karpis]

Condemnation case. I represent the utility.

Landowner asks for $155,000. We request $11,000.

Jury awards $30,000.

Client happy. Win.

ETA:

We offered $35K in mediation.

Will you get awarded attorney's fees?

Why would he possibly get awarded attorney's fees for forcing a landowner to sell his property?

NOTE: I'm fine with eminent domain, but holdouts looking for a bigger payday are just part of the system.

It is just part of it. On this project, there were 100 tracts of land and agreements were negotiated on 96. This was the first trial for this set off landowners.On the next one, the landowner demanded $50 million at mediation.

The easement we took is 0.02 acres. FMV for that little piece is less than $500.

 

[Ramsay Hunt Experience]

Condemnation case. I represent the utility.

Landowner asks for $155,000. We request $11,000.

Jury awards $30,000.

Client happy. Win.

ETA:

We offered $35K in mediation.

Will you get awarded attorney's fees?

Why would he possibly get awarded attorney's fees for forcing a landowner to sell his property?

NOTE: I'm fine with eminent domain, but holdouts looking for a bigger payday are just part

of the system.

I'm still trying to learn civil practice and know nothing about a condemnation case, but in my jurisdiction there is a rule that I interpret to mean that if a trial result is worse than any settlement offer, even if that result is an award, the defendant can get his attorneys fees. I was wondering if that applied here. Admittedly it's s rule/concept that I'm not well learned on.

Probably an offer of judgment rule.

Even Rule 68 motions only cover costs (and experts). But has anyone seen a Rule 68 motion (or state equivalent) in a condemnation action? I mean, the Constitution guarantees the landowner due process for that. Would be weird if the state could say "take our offer of risk paying our fees."

 

[Officer Pete Malloy]

Had a client with a third-party claim tell me it seems unconstitutional for an insurer to have an exclusion from coverage for the insured's intentional acts.

Free speech IMO.

 

[Thorn]

Had a client with a third-party claim tell me it seems unconstitutional for an insurer to have an exclusion from coverage for the insured's intentional acts.

Free speech IMO.

Eerie Doctrine

 

[TobiasFunke]

Soooo .... any merit to this?

 

[Ramsay Hunt Experience]

Soooo .... any merit to this?

Right to Publicity cases in fantasy sports have been around a few years now. Both cases that I know of (one with the 8th Cir. and one with the D. Minn following 8th Cir. precedent) held that the wesite's 1st Amendment rights trumped the players' right to publicity.

 

[Zow]

Condemnation case. I represent the utility.

Landowner asks for $155,000. We request $11,000.

Jury awards $30,000.

Client happy. Win.

ETA:

We offered $35K in mediation.

Will you get awarded attorney's fees?

Why would he possibly get awarded attorney's fees for forcing a landowner to sell his property?

NOTE: I'm fine with eminent domain, but holdouts looking for a bigger payday are just part

of the system.

I'm still trying to learn civil practice and know nothing about a condemnation case, but in my jurisdiction there is a rule that I interpret to mean that if a trial result is worse than any settlement offer, even if that result is an award, the defendant can get his attorneys fees. I was wondering if that applied here. Admittedly it's s rule/concept that I'm not well learned on.

Probably an offer of judgment rule.

Even Rule 68 motions only cover costs (and experts). But has anyone seen a Rule 68 motion (or state equivalent) in a condemnation action? I mean, the Constitution guarantees the landowner due process for that. Would be weird if the state could say "take our offer of risk paying our fees."

Great point. I'm sure this is consistent in most jurisdictions.

Please remember though I practice in Arizona. In Arizona you can get convicted and be required to pay the costs of the prosecutor (or put another way, attorney's fees for the state) and, when they chuck you in jail as part of your sentence, be required to pay for the costs of your jail - which is a higher bill for you stay than the average hotel in the area.

 

[NCCommish]

Soooo .... any merit to this?

Right to Publicity cases in fantasy sports have been around a few years now. Both cases that I know of (one with the 8th Cir. and one with the D. Minn following 8th Cir. precedent) held that the wesite's 1st Amendment rights trumped the players' right to publicity.

There's chatter that Draft Kings is behind the suit. Apparently they do have a marketing deal with the NFL and the rumor is they are trying to hurt the competition.

 

[Christo]

Condemnation case. I represent the utility.

Landowner asks for $155,000. We request $11,000.

Jury awards $30,000.

Client happy. Win.

ETA:

We offered $35K in mediation.

Will you get awarded attorney's fees?

Why would he possibly get awarded attorney's fees for forcing a landowner to sell his property?

NOTE: I'm fine with eminent domain, but holdouts looking for a bigger payday are just part

of the system.

I'm still trying to learn civil practice and know nothing about a condemnation case, but in my jurisdiction there is a rule that I interpret to mean that if a trial result is worse than any settlement offer, even if that result is an award, the defendant can get his attorneys fees. I was wondering if that applied here. Admittedly it's s rule/concept that I'm not well learned on.

I think "defendant" is the operative word here.

 

[Christo]

I filed a motion to dismiss a few weeks ago. I get a call from opposing counsel yesterday. They've reviewed my motion and believe it "might" have some merit. I've cited some "strong" cases. And the facts "seem" to be on point. They're not sure whether they want to spend the time to respond and are thinking about a voluntary dismissal. So, does my client want to make an offer to settle.

 

[Sweet J]

I filed a motion to dismiss a few weeks ago. I get a call from opposing counsel yesterday. They've reviewed my motion and believe it "might" have some merit. I've cited some "strong" cases. And the facts "seem" to be on point. They're not sure whether they want to spend the time to respond and are thinking about a voluntary dismissal. So, does my client want to make an offer to settle.

WTF?

 

[Henry Ford]

I filed a motion to dismiss a few weeks ago. I get a call from opposing counsel yesterday. They've reviewed my motion and believe it "might" have some merit. I've cited some "strong" cases. And the facts "seem" to be on point. They're not sure whether they want to spend the time to respond and are thinking about a voluntary dismissal. So, does my client want to make an offer to settle.

"Sure, if you pay all my client's costs and attorney's fees, I won't oppose your motion to dismiss."

 

[Don Quixote]

While I enjoy being on the transactional side, sometimes I wish to be on litigation side so I could be the person who was paid to research this footnote in the Redskins brief.

WaPo

Redskins brief, footnote 4

 

[Henry Ford]

In the middle of four appeals right now. Which means I have two briefs due this Friday, no extensions possible. Losing my mind.

 

[Zow]

In the middle of four appeals right now. Which means I have two briefs due this Friday, no extensions possible. Losing my mind.

oh my

 

[Yankee23Fan]

ouch

 

[Zow]

While I enjoy being on the transactional side, sometimes I wish to be on litigation side so I could be the person who was paid to research this footnote in the Redskins brief.

WaPo

Redskins brief, footnote 4

So awesome.

 

[thecatch]

I'd trade my motion to compel for some appeals. I'd rather dig ditches than do discovery.

 

[Officer Pete Malloy]

Maury Lane, a spokesman for the team, said in a statement: “In fact, since 1870, over three million trademarks have been registered, and we have found none that have ever been cancelled for being disparaging. We believe that the government’s action tramples core principles of free speech and sets a dangerous precedent for other brands.”

I agree with Maury.

 

[Henry Ford]

ouch

Good to be busy, I guess. Not that many plaintiff attorneys around here with any real appellate experience to speak of.

 

[Ray Karpis]

Lawyers, as a group, are admittedly a bunch of obnoxious pricks. At a conference and these are my "favorite" people so far:

1) guy who goes to the mic to ask a "question" of the panel only to then give a "helpful" practice tip to the room gleaned from his years of experience;

2) lady dressed in active wear at morning session who paces back and forth along the back wall during a speaker...she was logging steps on her fitbit;

3) speaker who just argued at US Supreme Court who proceeds to give half of his introductory statement to the Court in the middle of the panel discussion because, in his words, it really was an interesting issue (no it wasn't).

What a profession we have.

 

[Zow]

Lawyers, as a group, are admittedly a bunch of obnoxious pricks. At a conference and these are my "favorite" people so far:

1) guy who goes to the mic to ask a "question" of the panel only to then give a "helpful" practice tip to the room gleaned from his years of experience;

2) lady dressed in active wear at morning session who paces back and forth along the back wall during a speaker...she was logging steps on her fitbit;

3) speaker who just argued at US Supreme Court who proceeds to give half of his introductory statement to the Court in the middle of the panel discussion because, in his words, it really was an interesting issue (no it wasn't).

What a profession we have.

all so true and there's pretty much one of the above at every conference. I also always find there's a handful of lawyers who, in an effort to be cool, pay the several hundred for the CLE then purposely skip out on the sessions to drink and hangout but do so in an area very near the entrance/exit to the conference so everybody can see them.

I find it incredibly funny that we have these mandatory CLE trainings and they all inevitably devolve into tales of war stories and ****-measuring contests.

 

[Ramsay Hunt Experience]

I'd trade my motion to compel for some appeals. I'd rather dig ditches than do discovery.

I love appellate stuff. I wish I wrote better so that I could do more of it.

The record is already there. The issues are narrowed. There's no arguing about whether the other side is a bunch of #######s. Just a set of discrete legal issues.

EDIT: That doesn't mean that I'd like to write two appellate briefs in a week.

 

[Henry Ford]

The judge at my hearing this morning read the docket number, I walked up and made my appearance, and she said "Mr. Ford, I'm not ready for you. I'm just calling the docket." She then proceeded to call all 30 cases in order out loud.

Then she told us it was National Love Your Lawyer Day, and that we should call all our clients and ask them to love us.

I love new judges.