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

fatness said:
Which one of you guys was this?
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"The prosecution is trying to tell you my client is making this up - that spontaneous combustion isn't real.  Well, let me tell you, I... Oh my God!  Oh, my God, my pants just spontaneously combusted completely unexpectedly!  Ladies and gentlemen of the jury, I believe it is obvious, completely coincidental in this case, and definitely not pre-planned: spontaneous combustion is real.  Thank you."

 
Alright team: taking the California bar exam. Based on the self-study program I designed and subsequent negotiations to bring the price down, I signed up with a test prep company so I don't have to curate all the material myself. With any luck, I'll join you all as having passed the exam at the end of summer. Appreciate the support over the years.

 
Instinctive said:
Alright team: taking the California bar exam. Based on the self-study program I designed and subsequent negotiations to bring the price down, I signed up with a test prep company so I don't have to curate all the material myself. With any luck, I'll join you all as having passed the exam at the end of summer. Appreciate the support over the years.
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wait what? 

 
I ####### hate this job right now. Gonna spend like 65 hours this week just on one divorce case where the parties are the embodiment of everything terrible about family law.  And I totally undercharged the damn thing.  I'm going to hate myself come the weekend.  It's probably going to take a month off my life. 

Also, wife and kids are gone for the week.  It's beautiful outside.  It's March Madness.  Had an invite to stay and play unlimited golf at a private club all week for minimal cost.  Was invited to Vegas for the Thursday and Friday games and would stay for free.  Softball tourney near Sedona this weekend. Absolute amazing time to have the week to myself.  I could drink and play golf all week, I could sit in a sportsbook for hours on end betting basketball and drinking, and I could play softball in one of the most prettiest areas of the country in near perfect weather.  

But nooooo I just had to ####### become a lawyer and sign up for ####ty weeks like this. 

 
I settled a divorce last week. All major agreements memorialized in an order. All minor issues swept under the rug with an ackowledgment that each party was giving up claims against the other. A few days later my client starts asking me, what about this? What about this? Hold it. You made a global settlement that incorporated all issues. I even took him aside and asked him to confirm that he was ageeing to settle for what was in the order. I even had him read and initial every page. He said he understood that this resolved all issues. Now he doesn't want to sign the settlement agreement and he wants to talk to the judge about 3 issues that were not "resolved" in the agreed order--the judge who looked him in the eye and asked him if the agreed order memorialized the entire settlement.

 
Christo said:
I settled a divorce last week. All major agreements memorialized in an order. All minor issues swept under the rug with an ackowledgment that each party was giving up claims against the other. A few days later my client starts asking me, what about this? What about this? Hold it. You made a global settlement that incorporated all issues. I even took him aside and asked him to confirm that he was ageeing to settle for what was in the order. I even had him read and initial every page. He said he understood that this resolved all issues. Now he doesn't want to sign the settlement agreement and he wants to talk to the judge about 3 issues that were not "resolved" in the agreed order--the judge who looked him in the eye and asked him if the agreed order memorialized the entire settlement.
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Ha, I dealt with that issue this morning, but from the other side of it where the opposing party was the one who increduously balked and acted like we hadn't negotiated everything in the proposed settlement agreement stated on the record.  Worked out for her too because my client did give in a little bit and we revised the deal. 

 
Henry Ford said:
Since I was a named to SuperLawyers for the first time a few years ago I've been getting calls from the free profile.  Considering paying for an upgraded ad with them if this works out. Anyone have any experience?
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I've always assumed it was scam. Never bought their plaques or paid for their premium listings. 

 
Zow said:
wait what? 
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I was gonna self study to save the price of a course, since I don't have a firm paying or qualify for public interest. But then I tallied up all the materials I wanted, and then I talked to the course reps about my situation, and they brought the price down pretty close to what I would pay on my own for materials, so I enrolled in the course instead.

 
Instinctive said:
I was gonna self study to save the price of a course, since I don't have a firm paying or qualify for public interest. But then I tallied up all the materials I wanted, and then I talked to the course reps about my situation, and they brought the price down pretty close to what I would pay on my own for materials, so I enrolled in the course instead.
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Gotcha. 

Honestly, I thought Bar/Bri was like the best $2200 or whatever it was money that I have spent.  Just followed their instructions, did the lectures (I did the iPod version), and did the practice tests.  Didn't kill myself.  Just had those ear buds in while taking warmups for baseball, playing poker, driving, working out, running, etc.  Made myself do a multiple choice test every day. Wasn't stressful, I felt ready, and I passed easily (in AZ, which probably isn't quite as hard as CA or NV, but it's up there - at least it was).  

My year was actually the year there was a successful class action against Bar/Bri.  I immediately opted out of it because I had zero issues with the transaction and their materials. 

 
Zow said:
Ha, I dealt with that issue this morning, but from the other side of it where the opposing party was the one who increduously balked and acted like we hadn't negotiated everything in the proposed settlement agreement stated on the record.  Worked out for her too because my client did give in a little bit and we revised the deal. 
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Must being going around lately.  Left a very amicable mediation with an agreement in principle last week, yesterday the proposed order comes over from the other side and I feel like we were at different mediations. Called the guy on the other side and he's adamant that "that's not what we agreed to."  Square one.

 
Thorn said:
Must being going around lately.  Left a very amicable mediation with an agreement in principle last week, yesterday the proposed order comes over from the other side and I feel like we were at different mediations. Called the guy on the other side and he's adamant that "that's not what we agreed to."  Square one.
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The mediator didn't memorialize the agreement in writing or by oral recording, I take it? 

 
Zow said:
The mediator didn't memorialize the agreement in writing or by oral recording, I take it? 
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Nope - and I usually ask for that, but this was a guy I went to LS with, and like I said it was very amicable.  Lesson learned I guess.  I have a message into the mediator for her notes to see what she thinks.

 
Thorn said:
Nope - and I usually ask for that, but this was a guy I went to LS with, and like I said it was very amicable.  Lesson learned I guess.  I have a message into the mediator for her notes to see what she thinks.
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Eesh.  That's tough.  Would think there's gotta be a way to salvage it. 

 
Been negotiating for hours today in attempt to avoid an incredibly messy two day trial.  After numerous emails and phone calls, the other side finally makes a counter that I think is reasonable.  I lay it out for the client, give what I consider to be great advice and insight as to how it helps us down the road, lay out trial risks, etc.  I think I have it.  

Client's response, just a few minutes later: "No." 

Shortest email in over 300 emails I've ever gotten from this particular client. :wall:  

 
Gotta love back country courts.  I need an order signed in a probate matter, had a "hearing," with just the judge and me.  He says the statute requires an accounting.  I point out that the matter is decades old, no interested parties have appeared after notice, and the statute could possibly be read as advisory as to an accounting.  On the record, he tells me, "well, I think the statute is not advisory, so get me an accounting, however fudged it may have to be, and I will sign your order.."

 
Thorn said:
Gotta love back country courts.  I need an order signed in a probate matter, had a "hearing," with just the judge and me.  He says the statute requires an accounting.  I point out that the matter is decades old, no interested parties have appeared after notice, and the statute could possibly be read as advisory as to an accounting.  On the record, he tells me, "well, I think the statute is not advisory, so get me an accounting, however fudged it may have to be, and I will sign your order.."
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I bet if you asked for a transcript there would be a data/recording problem that destroyed part of it.  

 
Have any of you guys dealt with recording artist contracts? My daughter was offered a recording contract by a firm out of LA. and I need to find a lawyer to look it over. A couple of her friends in the music biz in Nashville told her it's basically a 360 Deal. I've done some research and found the opinions mixed on those types of deals.

I know @bigbottom is in the music business, but I don't think this is his area of law he practices.

Can anyone help me out? Any and all help is appreciated.

 
Unfortunately, I have no experience in this area, so I can't tell you what is market or where the landmines are.  But I'm happy to take a look and provide some thoughts.

 
Anyone here used FastCase's "Bad Law Bot" feature?  I'm considering ending my Westlaw contract because... well... it costs way too much for what I use it for ("good law" checks).

 
Henry Ford said:
Anyone here used FastCase's "Bad Law Bot" feature?  I'm considering ending my Westlaw contract because... well... it costs way too much for what I use it for ("good law" checks).
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I've heard Westlaw is fairly obsessed with retention these days...
 

 
Mr.Pack said:
Have any of you guys dealt with recording artist contracts? My daughter was offered a recording contract by a firm out of LA. and I need to find a lawyer to look it over. A couple of her friends in the music biz in Nashville told her it's basically a 360 Deal. I've done some research and found the opinions mixed on those types of deals.

I know @bigbottom is in the music business, but I don't think this is his area of law he practices.

Can anyone help me out? Any and all help is appreciated.
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I've got a friend who's an entertainment lawyer in .LA. I'll ask what he'd charge.

 
Involved in administrative proceeding where we were subject to sanctions for not properly responding to outstanding discovery requests.  Order requires us to respond to discovery requests.

Order also says-

In addition, the Board will extend discovery for (other side) only (my emphasis) to make sure that (other side) has the opportunity to depose a Fed. R. Civ. P. 30(b)(6) witness after all written discovery responses have been produced.

Bad Guy serves more discovery.  We say "No, see order containing above statement."

He seeks relief saying he is entitled to more discovery, and administrative body says he can have more discovery and specifically states "To avoid potential ambiguity as to the unrestricted discovery period for (other side) reset at the end of the order, the Board strikes the following sentence from the order".  (The one quoted above.)

So the Board issues an order with an unambiguous sentence, we rely upon the unambiguous sentence, and then the Board says, effectively, "Oops our bad, that's not what we meant, so just strike the sentence you relied on."

What?!?!?

 
Ned Ryerson said:
Involved in administrative proceeding where we were subject to sanctions for not properly responding to outstanding discovery requests.  Order requires us to respond to discovery requests.

Order also says-

In addition, the Board will extend discovery for (other side) only (my emphasis) to make sure that (other side) has the opportunity to depose a Fed. R. Civ. P. 30(b)(6) witness after all written discovery responses have been produced.

Bad Guy serves more discovery.  We say "No, see order containing above statement."

He seeks relief saying he is entitled to more discovery, and administrative body says he can have more discovery and specifically states "To avoid potential ambiguity as to the unrestricted discovery period for (other side) reset at the end of the order, the Board strikes the following sentence from the order".  (The one quoted above.)

So the Board issues an order with an unambiguous sentence, we rely upon the unambiguous sentence, and then the Board says, effectively, "Oops our bad, that's not what we meant, so just strike the sentence you relied on."

What?!?!?
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Board clearly didn't think the sentence was unambiguous.  I also don't read the order as precluding serving additional discovery, FWIW. 

 
Ramsay Hunt Experience said:
Board clearly didn't think the sentence was unambiguous.  I also don't read the order as precluding serving additional discovery, FWIW. 
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I could theoretically see the argument to the contrary.  That said, if it is ambiguous and could be interpreted one of two ways, why not just say that our interpretation is wrong rather than striking it altogether?

 
Ned Ryerson said:
I could theoretically see the argument to the contrary.  That said, if it is ambiguous and could be interpreted one of two ways, why not just say that our interpretation is wrong rather than striking it altogether?
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Well, I think they're trying to give you some credit by admitting that its ambiguous.  So they're just trying to remove the ambiguity.  They seemed to intend the order to allow further discovery.  Your interpretation, that this would be limited to a untimely corporate deposition is certainly plausible.  But it apparently wasn't what they intended to convey.  So they just strike the sentence.  That seems a reasonable solution (I understand that you may feel that allowing the additional discovery in the first place isn't reasonable).

 
Ramsay Hunt Experience said:
Well, I think they're trying to give you some credit by admitting that its ambiguous.  So they're just trying to remove the ambiguity.  They seemed to intend the order to allow further discovery.  Your interpretation, that this would be limited to a untimely corporate deposition is certainly plausible.  But it apparently wasn't what they intended to convey.  So they just strike the sentence.  That seems a reasonable solution (I understand that you may feel that allowing the additional discovery in the first place isn't reasonable).
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So basically, "What we previously wrote was a #### up and we are deleting that #### up from the record?

Not being argumentative, client is pissed, so trying to soothe him.

 
MBE Scores Fall to Their Lowest Ever

By William Vogeler, Esq. on April 12, 2017 6:00 AM

A picture could tell this story much better, but imagine this: a cliff with a drop-off so steep you cannot see the bottom.

That's what the latest Multi-state Bar Exam results look like. It's not just bad; it's scary bad. The drop-off is so steep, it makes President Trump's approval ratings look good.

According to reports, these are the worst test results since bar examiners started keeping track. It is the third year in a row that test scores have fallen a full point, showing a trend that suggests even more students will fail the bar exam this year.

Cut Scores

Derek Muller, a professor at Pepperdine University School of Law who follows these trends, made a graph to show what's going on. He scaled the mean MBE scores to illustrate how they affect overall bar pass rates, as the MBE results fall below the cut-off point in more states.

"[T]he reason for the perilous drop in bar pass rates is because this is exactly the spot where the mean scores have begun to hit the cut scores in many jurisdictions," he said.

Muller said the test results show that bar takers are performing a little worse in a relative sense. But when their results are put up against the cut scores, it shows where they have the most dramatic national impact.

The chart shows how the mean score weighs across various jurisdictions, such as Illinois and New York, where the cut score is 133. It also shows the mean score has never passed in California, which has a cut-off at 144.

Lower Cut-Off?

After California bar exam results last year fell to their lowest in 32 years, law school deans started pushing for a lower cut score. State Bar director Elizabeth Rindskopf Parker told legislators in February that there was "no good answer" for the 144 cut score -- the second-highest in the nation.

The legislators wanted to know about the issue because deans from 20 of the 21 California's ABA-accredited law schools had asked the state Supreme Court for help. The deans asked the court to lower the score while they study the problem.

Robert Anderson, professor at Pepperdine's law school, says the bar exam is not the problem. He said law schools are the problem because they lowered admission standards.

Due to economic pressures in recent years, law school enrollments dropped by about 30 percent nationwide. Anderson said that many law schools lowered admission standards, when they should have cut faculty to make up for lost tuition.
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http://blogs.findlaw.com/greedy_associates/2017/04/mbe-scores-fall-to-their-lowest-ever.html?DCMP=CCX-FBLP#sthash.R2gVPN8q.dpuf

 
I do almost all my basic research on google scholar these days and then use Westlaw for cite checks. Thanks, @Woz Think I may pull the trigger on ending Westlaw.

 
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