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

I just had a contested hearing on an order of protection, which was scheduled for 30 minutes, last five hours.  Wanted to kill the judge for giving us such wide latitude.  Going Otis no lunch and now have to prepare for two more trials tomorrow and another on Friday.  Oh, and start drafting a written close for the trial that ended last Friday that's due in two days. 

Kill me now. 

 
I spend way too much time here. Today I was drafting a letter to a lawyer representing a company I'd sent a subpoena to. Guy's name is Jeremiah. Proof reading the letter I discover I'd addressed it to Jeremiah Bentley.

 
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Okay, admittedly, I should not have laughed in the middle of oral argument after something the judge said to me.

But it was a short laugh, and to be fair the judge said "I don't know, counselor, it sounds to me like your client wants to make the defendant into an escape goat."

 
Henry Ford said:
Okay, admittedly, I should not have laughed in the middle of oral argument after something the judge said to me.

But it was a short laugh, and to be fair the judge said "I don't know, counselor, it sounds to me like your client wants to make the defendant into an escape goat."
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Henry Ford said:
Okay, admittedly, I should not have laughed in the middle of oral argument after something the judge said to me.

But it was a short laugh, and to be fair the judge said "I don't know, counselor, it sounds to me like your client wants to make the defendant into an escape goat."
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good call- probably a flight mist.

 
Henry Ford said:
Okay, admittedly, I should not have laughed in the middle of oral argument after something the judge said to me.

But it was a short laugh, and to be fair the judge said "I don't know, counselor, it sounds to me like your client wants to make the defendant into an escape goat."
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Holey Cow.

 
Thorn said:
Well first off, you wouldn't be able to name the executor, only Probate court can name one, and they give first preference to the person named in the will.  Is Illinois on the Uniform Probate Code?  I would think about putting 3 or 4 feelers out to Illinois lawyers with an eye towards price.  If no one contests the will or what is supposed to happen to the assets, it is largely a ministerial process.
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Probates are a step by step process & actually easy if no one is contesting the will or distribution.   You need an attorney.   Price should be $1500 to $3000.   Almost any attorney can handle it.  You need original will, certified copy of death certificate, names & addresses of heirs listed in the will.  You can be the personal Rep. so long as none of the heirs object.

 
irishidiot said:
Probates are a step by step process & actually easy if no one is contesting the will or distribution.   You need an attorney.   Price should be $1500 to $3000.   Almost any attorney can handle it.  You need original will, certified copy of death certificate, names & addresses of heirs listed in the will.  You can be the personal Rep. so long as none of the heirs object.
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Thanks!  I have all those things (original will, death cert, names of heirs).  One more question -- the Will basically just dumps all the assets into a revocable trust (made irrevocable at death), and names his sister (my MIL) as the trustee.  Problem:  I only have a copy of the trust.  I can't find the original anywhere.  When I file the will at probate, I don't need to file the trust document, as well, do I?  Just the will.  Crap, forget it -- I'm going to reach out to an Illinois probate atty.  I'll take a PM if you or anyone else has a recommendation.  Maybe I'll bug krista for a name. 

 
Was in a divorce mediation until about 8:00 PM last night. Finally reached an agreement.  I was still in the conference room with opposing counsel finalizing the logistics of who is lodging what, and we could overhear both clients walking by the window of the room talking #### about us attorneys and how neither got what they wanted. If that doesn't mean we didn't reach the most equitable settlement, I don't know what does. 

 
Zow said:
Was in a divorce mediation until about 8:00 PM last night. Finally reached an agreement.  I was still in the conference room with opposing counsel finalizing the logistics of who is lodging what, and we could overhear both clients walking by the window of the room talking #### about us attorneys and how neither got what they wanted. If that doesn't mean we didn't reach the most equitable settlement, I don't know what does. 
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Divorces suck. The only joy is finding a client who can actually pay. My favorite is when the client refuses to go to trial but then #####es about the settlement. Hey, I'm happy to try the case and let the judge decide. But don't complain to me if your spouse isn't willing to bend over and give you everything you want.

 
Christo said:
Divorces suck. The only joy is finding a client who can actually pay. My favorite is when the client refuses to go to trial but then #####es about the settlement. Hey, I'm happy to try the case and let the judge decide. But don't complain to me if your spouse isn't willing to bend over and give you everything you want.
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My favorite quote from opposing counsel to his client, "you're paying me $290/hr. and you've spent twenty minutes arguing over a shelf that may or may not actually exist.  Are you sure this is how you want this to go?"

 
I have a divorce trial starting tomorrow.  Trial is a loose word.  It won't really be a trial.  Probably end up a conference.  This case should be the single most influential family law case for anyone thinking about doing family law because it includes everything.  And I'm not using hyperbole.  Everything.  Adultury, addiction, fraud, crime, domestic violence, more fraud, perjury, allegations that are too gruesome to talk about, lying about assets, disability, allegations of more fraud, attorney fee fights, procedural battles, numerous judges, numerous mediators. kids, extended family, IRS investigations, lawsuits in different states, rich relatives trying to pull thr strings of the lower people, government agencies screwing things up, and everything in between.

If I win the lottery tonight I'm so totally going to go out in a blaze of glory on this case Pacino style.

 
Yankee23Fan said:
I have a divorce trial starting tomorrow.  Trial is a loose word.  It won't really be a trial.  Probably end up a conference.  This case should be the single most influential family law case for anyone thinking about doing family law because it includes everything.  And I'm not using hyperbole.  Everything.  Adultury, addiction, fraud, crime, domestic violence, more fraud, perjury, allegations that are too gruesome to talk about, lying about assets, disability, allegations of more fraud, attorney fee fights, procedural battles, numerous judges, numerous mediators. kids, extended family, IRS investigations, lawsuits in different states, rich relatives trying to pull thr strings of the lower people, government agencies screwing things up, and everything in between.

If I win the lottery tonight I'm so totally going to go out in a blaze of glory on this case Pacino style.
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Oooohhhhhh I love those.  Will there be very inappropriate pictures submitted into evidence that becomes public record?

 
I had a client show up at a summary judgement hearing this week, and attempt to hand me documents during the argument.  When I had emailed him a few weeks back that the hearing had been scheduled, he replied that he had "crucial new evidence!!121!"  I told him to send it along, but that discovery had long since closed, so it would take some doing to get it admitted.  He never sent whatever it was, instead he just showed up with it.

I think he actually thought I would interrupt opposing counsel and shout out something like "I HAVE JUST BEEN HANDED THE MOST DAMNING EVIDENCE I HAVE EVER SEEN IN MY CAREER!" 

Oh and PS, after reading said document, I doubt it would survive a relevancy objection, never mind change the outcome of the case.

 
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Thorn said:
I had a client show up at a summary judgement hearing this week, and attempt to hand me documents during the argument.  When I had emailed him a few weeks back that the hearing had been scheduled, he replied that he had "crucial new evidence!!121!"  I told him to send it along, but that discovery had long since closed, so it would take some doing to get it admitted.  He never sent whatever it was, instead he just showed up with it.

I think he actually thought I would interrupt opposing counsel and shout out something like "I HAVE JUST BEEN HANDED THE MOST DAMNING EVIDENCE I HAVE EVER SEEN IN MY CAREER!" 

Oh and PS, upon reading said document, I doubt the document would survive a relevancy objection, never mind change the outcome of the case.
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You should have done this

 
Just spent an hour and a half in a meeting on a family law case.  Contentious case, maybe not quite meeting all the criteria in Yankee's case mentioned above, but definitely firmly hitting on some of the fun issues he's identified. We've had, I think, about four evidentiary hearings and have litigated probably something like a dozen issues.  I'd note that, to date, we've won on all of them.  And, we didn't just win, we ####### clobbered the other side.  To the tune of the other side very possibly losing some constitutional rights. Additionally, we've made a not so terribly amazing settlement offer and the other party did the same.  So, it's clear this is going to trial on final orders as it's just one of those cases.  

Did that stop an hour an a half conversation where I'm hearing that "it feels like we can't win on anything" and that there should be some magical third option where there's not a trial and a judge just gives us what we want tomorrow without any regard to the other side's due process rights like two dozen times? Of course not. :wall:  Yankee I'll take the other half of that bourbon. 

 
You guys might like this...

A friend of mine (I'll keep it anonymous just in case there is some sort of confidentiality thingy) works for a large, national restaurant chain.  A couple of months ago my friend's superior fired an employee with just cause.  The employee was given numerous write-ups, warnings, etc.  The firing was completely legit and by the book.

Said employee then turned around and sued the company for not only wrongful termination but discrimination.   The suit is, from what I can tell, totally without merit.  If only half of the things I've been told about this employee are true, she should have been ####canned about 10 times.

One of the things this employee, we'll call her Mary,  has claimed is that another employee (we'll call him Frank) called her a racial slur a few times.  Mary claims that she reported it to my friend, Mary's supervisor, yet my friend did nothing about it.  In fact, Mary claims my friend cut her hours after reporting the racial incident.   All of this is total bull ####.  

So so today my friend was on a conference call concerning this case (can depositions be done over the phone?) with a corporate lawyer and HR.

Lawyer:  did you ever hear Frank call Mary an N-word (lawyer actuall says the real word)?

Friend:. No, never.

Lawyer: Have you ever heard anybody call Mary an N-word?

Friend:. Absolutely not

Lawyer:. And did Mary ever report to you that Frank called her an N-word?

Friend:. Absolutely not.

Lawyer: And do you have any other N-words worki...I mean African-Americans working in that department?

 
So I'm coming here for a little preliminary advice.

Right now I'm in my late 20s and have been working at a small-midsize real estate firm for the past year basically just doing residential refinances, closings and the occasional purchase and sale agreement. I'm happy with it since it's my first real experience outside of law school and I didn't have a stellar resume or top tier school to work with. It's a low stress, friendly environment but I doubt there is much of a path for advancement for me. 

Lately I've been just keeping an eye out for other job postings that may be a little more challenging and provide a more clear cut path for advancement. So my friend works for a large finance/actuarial firm and sent my resume over to his legal department and they got in contact to set up a prelim phone discussion. My question is, do you think this is a solid path to follow if anything comes of it? The position isn't exactly defined as an attorney but a JD is quite helpful as it basically 401k compliance consultant and after looking at Linkedin, it seems most people with a similar title have law degrees.

This is all super preliminary as my resume isn't particularly suited for the role with no experience working with ERISA and 401K compliance but if for some reason it works out because of my friends recommendation, would anyone recommend transitioning from a small-mid size real estate practice as a conveyancing attorney to a benefits compliance role in a large investment/actuarial setting? I apologize for the lack of specifics but if anyone has experience in this job area I can go into a little more detail in PMs. Thanks. 

 
Elodin said:
So I'm coming here for a little preliminary advice.

Right now I'm in my late 20s and have been working at a small-midsize real estate firm for the past year basically just doing residential refinances, closings and the occasional purchase and sale agreement. I'm happy with it since it's my first real experience outside of law school and I didn't have a stellar resume or top tier school to work with. It's a low stress, friendly environment but I doubt there is much of a path for advancement for me. 

Lately I've been just keeping an eye out for other job postings that may be a little more challenging and provide a more clear cut path for advancement. So my friend works for a large finance/actuarial firm and sent my resume over to his legal department and they got in contact to set up a prelim phone discussion. My question is, do you think this is a solid path to follow if anything comes of it? The position isn't exactly defined as an attorney but a JD is quite helpful as it basically 401k compliance consultant and after looking at Linkedin, it seems most people with a similar title have law degrees.

This is all super preliminary as my resume isn't particularly suited for the role with no experience working with ERISA and 401K compliance but if for some reason it works out because of my friends recommendation, would anyone recommend transitioning from a small-mid size real estate practice as a conveyancing attorney to a benefits compliance role in a large investment/actuarial setting? I apologize for the lack of specifics but if anyone has experience in this job area I can go into a little more detail in PMs. Thanks. 
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It really depends on what you want to do. I know there are a couple of transactional people in here who can speak to transactional career paths, a move to a consultant role would basically reset a litigator's career and mean you'd be starting over if you decide to go back to litigation.

Personally, I'd make the move, but only because I'd lose my mind doing conveyance work. From my current gig, I wouldn't move to a compliance consultant role even for a huge salary increase.

 
Henry Ford said:
It really depends on what you want to do. I know there are a couple of transactional people in here who can speak to transactional career paths, a move to a consultant role would basically reset a litigator's career and mean you'd be starting over if you decide to go back to litigation.

Personally, I'd make the move, but only because I'd lose my mind doing conveyance work. From my current gig, I wouldn't move to a compliance consultant role even for a huge salary increase.
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I'm basically at the start of my career anyways, I'm 28 years old and out of law school for about 2 years now. For the past year I've just been doing the real estate attorney gig. I doubt anything comes of the phone interview because I don't exactly fit what it seems the job posting but just thinking ahead if anything does come of it.  My thoughts are just the eventual career path once I begin down that role and is it handicapping my law career or is their a decent career to be made in that field of working for a large company in benefits compliance consulting. 

 
I don't think what you are doing now moves the needle on a future litigation career anyway (if that's what you end up wanting to do). If you gain some mastery of ERISA it seems like (and I'm just speculating) you'd be giving yourself a foundation to transition to a career in employment law, which is always in demand by firms and in house counsel. 

 
thecatch said:
I don't think what you are doing now moves the needle on a future litigation career anyway (if that's what you end up wanting to do). If you gain some mastery of ERISA it seems like (and I'm just speculating) you'd be giving yourself a foundation to transition to a career in employment law, which is always in demand by firms and in house counsel. 
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Great point, given that he's just started out.  Good basis for the future.  And a lot more in demand than former conveyance attorneys.

 
Ok so who besides me does foreclosure defense when there is actually a defense?  

I need some ideas for a case where the mortgage company failed to pay for the homeowners and screwed up the escrow account.

 
Yankee23Fan said:
Ok so who besides me does foreclosure defense when there is actually a defense?  

I need some ideas for a case where the mortgage company failed to pay for the homeowners and screwed up the escrow account.
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I've done a handful

 
I really don't mean to laugh Henry but I am at the last post.  I'm envisioning deadpan delivery and it's already been a long day.  Please forgive me.

 
Thorn said:
I've done a handful
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Ok, my question is really basic, I know my state issues to plead. but I'm wondering if I'm missing any federal or banking reg stuff.  Is there a specific cause of action when a bank screws up an escrow account?  I'm not finding anything yet.

 
At a hearing the other day where opposing counsel made the following motions:

Motion to Recuse

Motion to Stay

Interlocutory Motion to Appeal 

Motion to Reconsider Interlocutory Motion to Appeal

All were denied.  Oh, did I mention this was an eviction hearing?

 
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