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The Lawyer Thread Where We Stop Ruining Other Threads (3 Viewers)

TakiToki said:
Some years back, I was contracted to develop an application to automate production of nationwide commercial real estate documents (assignments of mortgages, deeds of trust, leases & rents and UCCs) for a law firm. Stuff like document titling, language, font, margins, filing fee computation, etc.

I was given a list of states with their respective guidelines and requirements noting any specific county deviations (prepared by a friend of mine I'd known since high school). For Louisiana, it simply said, "**** these *************".
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I feel your pain.  I worked in that state.

 
irishidiot said:
I feel your pain.  I worked in that state.
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He was telling me that in some parish or another, you file the mortgage in the mortgage book, the assignment in the deed book and the mortgage book and the UCC in like 827 books that are all in like book 6, page 3 in September.

 
I don't do weekends anymore with rare exceptions for trials.  Haven't for about 3 years.  

Life's too short.

 
Henry Ford said:
If I win, I'm sending you enough money to pay off all your debts, and you can decide whether to retire or just go after police departments in PI work for fun with me.
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No current debt. Some obligations to family. 

Police Departments might not like what I know, or suspect and can find out.  There are avenues often left unpursued in litigation against departments.  Your brains and my background, we could have some fun, and my general support and respect for most departments aside I suspect we could do a public service while we have some fun.

If I win a good sized one I will do something nice for you.

Actually, reading some more, you are me, but smarter, more successful, and likely better looking. You just choose the private pathway and I the public. I hope you win the Powerball before me.  I think the money would be in better hands, and I could live through you, vicariously.

 
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Ditkaless Wonders said:
No current debt. Some obligations to family. 

Police Departments might not like what I know, or suspect and can find out.  There are avenues often left unpursued in litigation against departments.  Your brains and my background, we could have some fun, and my general support and respect for most departments aside I suspect we could do a public service while we have some fun.

If I win a good sized one I will do something nice for you.

Actually, reading some more, you are me, but smarter, more successful, and likely better looking. You just choose the private pathway and I the public. I hope you win the Powerball before me.  I think the money would be in better hands, and I could live through you, vicariously.
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I'm not sure where you got any of the bolded, but I now doubt your internet forum reading skills.

But yes, with your knowledge, understanding of the relevant legal issues, and contacts, and my... um.... printer... we could probably make a lot of money.

 
Henry Ford said:
I'm not sure where you got any of the bolded, but I now doubt your internet forum reading skills.

But yes, with your knowledge, understanding of the relevant legal issues, and contacts, and my... um.... printer... we could probably make a lot of money.
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The better looking part is just playing the odds.  The rest, I can recognize when folks are smarter than I just from reading them.  You are insightful, patient, subtly humorous.  All insights into your mind.

 
Nathan R. Jessep said:
Thought of my other one that I had forgotten.

When they "make a move to strike" a question, comment. etc., why does it remain on the record (transcript)?? What's the point of moving to strike if it stays on the record? Or is the transcript not "the record?"  Or is it just akin to strenuously objecting?

I guess same question applies to objecting in general. The material objected to remains, and the jury can't unhear it. Just part of the gamesmanship? 

T.I.A. again, counsels. 
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Do you mean in a deposition?  You're preserving your objection for later when the judge will rule on it if the other side tries to play or read that testimony at trial.

You do it before the jury because if the judge sustains the objection he'll generally then turn to the jury and tell them to disregard it.  We can debate the psychological impact of that and whether the jurors will actually disregard it.  If the testimony is that earth shattering for me, I'd probably request during the next break with the jury out of the room that the court make some kind of curative or reinforcing instruction. 

 
My fallback retirement plan, in the unlikely event I do not hit on a 273 million to 1 shot, is to become Otis' handyman and landscaper.  He could use some help and he can afford me.

 
Nathan R. Jessep said:
just came across an example in my reading today: 

20 Q. Have they conducted validation studies about
21 this?
22 A. I assume so, I'm not 100 percent familiar with
23 that.
24 ATTORNEY BUTING: Objection, I move to
25 strike the answer.
158
1 THE COURT: Court will order the answer
2 stricken.


this example came from this document, which is labeled at the top as TRANSCRIPT OF PROCEEDINGS
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Everything that happens in court remains in the transcript (think about it, if this ruling were an error, you'd otherwise have no record of it for appellate review).

The "striking" of the testimony strikes it from evidence.  Attorneys can't argue it in closing, jurors are not supposed to rely on it, we all just pretend it never happened.

 
Ditkaless Wonders said:
My fallback retirement plan, in the unlikely event I do not hit on a 273 million to 1 shot, is to become Otis' handyman and landscaper.  He could use some help and he can afford me.
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Honestly, I'd pay just to have you around for the good company.  My wife and 3 girls* are all dolls.  But I sometimes--dare I say, and at the risk of this being misconstrued--miss the company of men.

*Third one still en route.

 
Otis said:
Do you mean in a deposition?  You're preserving your objection for later when the judge will rule on it if the other side tries to play or read that testimony at trial.

You do it before the jury because if the judge sustains the objection he'll generally then turn to the jury and tell them to disregard it.  We can debate the psychological impact of that and whether the jurors will actually disregard it.  If the testimony is that earth shattering for me, I'd probably request during the next break with the jury out of the room that the court make some kind of curative or reinforcing instruction. 
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"Move to strike" in a deposition gets a throat punch. 

 
Otis said:
Honestly, I'd pay just to have you around for the good company.  My wife and 3 girls* are all dolls.  But I sometimes--dare I say, and at the risk of this being misconstrued--miss the company of men.

*Third one still en route.
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That came out a little gay.

 
CletiusMaximus said:
"Move to strike" in a deposition gets a throat punch. 
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I rarely do it.  I think the way people typically do it is stupid.  It's as stupid as people "striking" their bad half-asked question.  Nobody is "striking" it.  (A pet peeve I know, but I tell my associates they should just say "withdrawn" and start over).

But there are on occasion times where you want to make a record and it's important to do that.  

 
Otis said:
Everything that happens in court remains in the transcript (think about it, if this ruling were an error, you'd otherwise have no record of it for appellate review).

The "striking" of the testimony strikes it from evidence.  Attorneys can't argue it in closing, jurors are not supposed to rely on it, we all just pretend it never happened.
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Otis said:
Do you mean in a deposition?  You're preserving your objection for later when the judge will rule on it if the other side tries to play or read that testimony at trial.

You do it before the jury because if the judge sustains the objection he'll generally then turn to the jury and tell them to disregard it.  We can debate the psychological impact of that and whether the jurors will actually disregard it.  If the testimony is that earth shattering for me, I'd probably request during the next break with the jury out of the room that the court make some kind of curative or reinforcing instruction. 
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Thanks, O. I was absolutely wondering about the psychological impact. I assume one might strategize to bring something up or elicit testimony, knowing that it will be objected to and/or requested to be stricken, strictly for the psychological effect. 

 
Nathan R. Jessep said:
Thanks, O. I was absolutely wondering about the psychological impact. I assume one might strategize to bring something up or elicit testimony, knowing that it will be objected to and/or requested to be stricken, strictly for the psychological effect. 
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Yup. A lot of what goes on in a jury trial is those fights and strategy on the margins.  I've always thought lawyers didn't pay enough attention to the "dramatic" aspects of a trial--those are the things that I think decide many or most cases. (Case in point with OJ, DNA, blood and science be damned, how bout that dramatic glove moment?) 

 
Otis said:
Yup. A lot of what goes on in a jury trial is those fights and strategy on the margins.  I've always thought lawyers didn't pay enough attention to the "dramatic" aspects of a trial--those are the things that I think decide many or most cases. (Case in point with OJ, DNA, blood and science be damned, how bout that dramatic glove moment?) 
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Yep, makes perfect sense to me. Something that will stick in the jury's mind, even if it's stricken

 
As a Prosecutor I always loved motions to strike on objections of prejudicial or inflammatory or as drawing conclusions or stating facts not in evidence.  I just wanted to hug Defense Counsel who has helped wake up the jury to the fact that this is the good stuff, and it is hurting their client.  Juries want shows, like T.V. and Movies, and we are now entering the realm of fulfilling their expectations with the defense clearly stating they have been hurt.

When I got those motions I would always apologize and offer to rephrase the question.  This means we are going to be spending more time highlighting what I want highlighted.  I would not be allowed to ask redundant questions to hammer home a point, but I am now allowed to dwell on a point at the invitation of the defense.  And here's the thing, as inflammatory as summations are in a question, they are not as inflammatory as painstakingly accurate clinical descriptions. I mean, when I ask if that is the point at which the witness saw the defendant bludgeon the victim to death its bad, but when I then get to ask the witness if that is when he saw the defendant pick up the 8 pound tool made of hardened steel, grip it with two hands, wind up, striking her in the temple and eye, fracturing her temple, mandible in two places, and driving her orbital bone through her eye, blinding her, rear back with portions of her skull, scalp, and blood still on the tool and strike her again in the back of the head, this time severing her spine and causing her spinal fluid to pour out on the floor next to the blood which is now pouring from her eye, along with the aqueous humor from the torn up eye, well that is good stuff for me.  When the witness answers more or less in the affirmative but he corrects me that he did not see the scalp and skull on the tool at that time because he was watching the victim crumple, her head "exploding", well even better because now I get to follow up some more with "when did you notice the remnants from the victim adhering to the wrench", and if you recall what did you think they were?"

 
dutch said:
There goes my lunch plans :X
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Then the follow ups on the sounds of the incident would put you off dinner.  Of course the examination would not be complete without exploring also the smells.  Dwelling on things for accuracy and completeness sake is what one does, particularly as the defense squirms having highlighted the testimony.  Better yet if they then object again and the judge rules that I have every right to go into detail, they having invited the testimony.  Generally after that I can say or do pretty much whatever I want without fear of further objection.

Long and short, sometimes you are well advised to live with imperfection from a technically legal standpoint so as not to draw attention to matters.

 
Ditkaless Wonders said:
Then the follow ups on the sounds of the incident would put you off dinner.  Of course the examination would not be complete without exploring also the smells.  Dwelling on things for accuracy and completeness sake is what one does, particularly as the defense squirms having highlighted the testimony.  Better yet if they then object again and the judge rules that I have every right to go into detail, they having invited the testimony.  Generally after that I can say or do pretty much whatever I want without fear of further objection.

Long and short, sometimes you are well advised to live with imperfection from a technically legal standpoint so as not to draw attention to matters.
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Yup.  Especially in front of a jury.

 
Henry Ford said:
Dear client:

If you move, and change your phone number, you have to tell me about it.  I cannot contact you without those things, and there is an urgent deadline on your case.  I've now spent two months trying to find you, and un-####ing-believably now, 72 hours before your deadline, I've found your facebook page.

If your name is, for instance, "William Jones" having a facebook page titled simply "Jimbo" makes it very difficult to find you.

Especially if your twitter, instagram, etc. are all "Jimbo".

However, thankfully your mom is a facebook friend and I recognized your face in your profile pic in her "friends" section.

More importantly, STOP POSTING PICTURES OF YOU SMOKING WEED WITH A ####ING GUN IN YOUR HAND TO FACEBOOK, TWITTER, AND INSTAGRAM, YOU IDIOT. And please respond to my facebook message.

Thanks,

Guy who wishes he could win the Powerball and retire.
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Had a client recently friend me on Facebook because she needed to get me some evidence that was, apparently, only available via Facebook.  Sure enough, upon an unintentional review of her profile page I see a link to a go fund me account where she's asking for a substantial sum of money to hire another, more expensive lawyer. :bag:

 
Zow said:
Had a client recently friend me on Facebook because she needed to get me some evidence that was, apparently, only available via Facebook.  Sure enough, upon an unintentional review of her profile page I see a link to a go fund me account where she's asking for a substantial sum of money to hire another, more expensive lawyer. :bag:
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I hope you donated.

 
Henry Ford said:
I hope you donated.
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I gave it serious consideration.  But given that I cut her a significant break in my fee already (she was referred by a friend who asked me to cut her some slack) and permitted payments (for which she's behind) I just couldn't do it. 

 
Henry Ford said:
A case for a friend of a friend that I've been bleeding money on and about to lose on summary judgment due to lack of an expert just had a ridiculous turn of fortune.  An expert I've been waiting on an opinion from for two months signed an affidavit that may save my case against one defendant less than 48 hours before I have to file my opposition.

It ain't a TD yet, but a good stiff wind pushed the ball an extra 10 yards and the WR has it in his hands on the 1.  If I survive summary judgment this case goes from worth pennies to being worth a potential half million dollars. 

Haven't slept in days over this case.  Panic attacks all day every day.  Hoping I sleep like a baby tonight after about ten gallons of sake.
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Update:

Just got the MSJs denied.  Boom.

 
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Ditkaless Wonders said:
Blanket denial, or some narrowing, some issue or theory preclusion.  Or, and I am hoping so for you, are all your guns still loaded.
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I lost one defendant months ago - just no way to keep them in because the doctor refused to even argue that the hospital might be responsible for the discharge when she shouldn't have been discharged.  But I got a ruling that no evidence of its fault could be introduced at trial when it was bounced.

Two MSJs were filed for the two remaining defendants.  Denied in total today.

 
Henry Ford said:
I lost one defendant months ago - just no way to keep them in because the doctor refused to even argue that the hospital might be responsible for the discharge when she shouldn't have been discharged.  But I got a ruling that no evidence of its fault could be introduced at trial when it was bounced.

Two MSJs were filed for the two remaining defendants.  Denied in total today.
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And counsel for the opposition, is he the type to reassess and come forward with something, or is he a double downer?

 
Gift tax question. A gifts $14k to Y, and A also gifts $14k to Z, then Z gifts $14k to Y. Is it possible  that Y needs to pay taxes on the $14k from Z? 

 
mrip541 said:
Gift tax question. A gifts $14k to Y, and A also gifts $14k to Z, then Z gifts $14k to Y. Is it possible  that Y needs to pay taxes on the $14k from Z? 
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No one here's giving tax advice. But I will say this: gift taxes are paid by the giver not the recipient.

 
iPad pro with keyboard cover and Pencil is seriously changing the way I practice law on a daily basis. Can't recommend enough. 

 
Otis said:
iPad pro with keyboard cover and Pencil is seriously changing the way I practice law on a daily basis. Can't recommend enough. 
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Traveled for an expert deposition with only the iPad and took it yesterday.  Didn't bring a shred of paper.  Didn't even have a pen.  It was glorious.  (Had someone print up my outline there that morning in case of a disaster, and we had exhibits shipped, but I've never traveled so light).

Seriously changing the way I work.  Can't say enough good things about this setup.

 
Otis said:
Traveled for an expert deposition with only the iPad and took it yesterday.  Didn't bring a shred of paper.  Didn't even have a pen.  It was glorious.  (Had someone print up my outline there that morning in case of a disaster, and we had exhibits shipped, but I've never traveled so light).

Seriously changing the way I work.  Can't say enough good things about this setup.
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How do you use it?  Why is it better than a surface pro 4?

 
Otis said:
Traveled for an expert deposition with only the iPad and took it yesterday.  Didn't bring a shred of paper.  Didn't even have a pen.  It was glorious.  (Had someone print up my outline there that morning in case of a disaster, and we had exhibits shipped, but I've never traveled so light).

Seriously changing the way I work.  Can't say enough good things about this setup.
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I only bring an iPad to court (unless it's a trial). Been doing so for two years. 

 
Currently watching a CLE on bitcoins.  Lawyer presenting actually accepts fee payments by bitcoin. 

Okay, which one of you guys is this?

 
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