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The Lawyer Thread Where We Stop Ruining Other Threads (1 Viewer)
- Thread starter Henry Ford
- Start date
Zow
Footballguy
Zow
Footballguy
It sucks. Really was a shock to the system when I started taking them. What's funny though is that I've tried really hard not to adapt myself into the practice and I have had two judges (one who I learned through the grapevine didn't really like me in the criminal court) call me back into chambers to tell me they really appreciated that I seem to actually want to be reasonable, appreciated the professionalism, and hoped other attorneys would fall in line.
ETA: I still remember my first trial. Opposing counsel pretended to be really nice to me. I was semi-nervous and made sure to follow all deadlines. Even confirmed with counsel that she received all my disclosure and had no issues. We go before the judge and opposing counsel moves to exclude all of my exhibits because I didn't follow the exact form of some nuanced local rule that applied to family court cases. Like, literally I used number instead of letters in the exhibit list or some crap. I turned completely white and was mentally scrambling for an explanation. Thankfully, I watched the judge literally roll his eyes and overrule the objection after confirming opposing counsel received all my exhibits in a timely fashion.
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-fish-
Footballguy
They have the full force of law, to the extent that they aren't infringing on a power reserved for congress and they aren't unconstitutional.
-fish-
Footballguy
I met with my partner this morning to discuss some of our more time-consuming cases and to talk about what kind of capacity we had to take on more. I mentioned I was hoping two of our larger cases would settle by mid-summer, since I'm hoping to by a house (I've been renting since my ex-wife cleaned me out in the divorce). He said not only should those two settle, but that I have a relatively large distribution coming. Apparently we're turning a profit even without the contingent fee cases getting resolved. I had no idea.
Redwes25
Footballguy
Sorry to be critical but how can you not pay attention to financials of the firm. I am all over that stuff at my firm though I know a lot of my partners are not. Makes no sense to me.
-fish-
Footballguy
It's not that I don't pay attention; it's that as a practical matter until recently it's been irrelevant. We're a relatively new firm with just myself and my partner. We have no employees and don't take salaries. It hasn't been that difficult to figure out where we are. After the first year, we were at break even, which exceeded our hopes. We're now turning starting to turn a profit, ahead of schedule. The contingent fee cases are starting to reach the settlement stage (the stuff we do takes about 18 months to get there, with advanced costs along the way).
Monthly statements don't mean a lot to me because the overhead is so small and I know what we're investing into each individual case. The year-end and mid-year reports from the CPA are far more meaningful, and that's where we make decisions on reinvestment/distributions.
Small firms are a different world.
Redwes25
Footballguy
El Floppo
Footballguy
congrats on the early success with the new venture, fish.
but I think you mean "build" a house. with an architect and stuff.
and tbh- I (and I'm speaking for everyone here) could use another good lawyer fight. I'm going to pick... christo and that stanford kid. let's get it on.
Thorn
Footballguy
Ditkaless Wonders
Footballguy
My memory was that two states had remnants of the Field code movement, New York, and Louisiana. New York because that was where Field ( Dudley maybe) practiced, and Louisiana due to its French roots was open to non-common law systems. Point is, and was, be aware, and cautious, if looking into law in those states. I have had no reason to consider whether my impression was correct. I do not know now where I heard or learned, or thought I learned, this Field Code thing.
Henry Ford
Footballguy
I had a case of first impression in Louisiana courts that I lost at the trial level on summary judgment, took to the appellate court and won, with a brand new statement of what kind of claim can be brought under particular theory of recovery (now includes my action) and the Louisiana Supreme Court denied cert. If the defendant settles, my negotiations with lienholders have led to being able to settle for about half of the value if I win at all at trial and still put substantial money into my client's pocket (approximately $300,000 in liens, rather than the $750,000 in medical bills if we win.) The defendant is the State, so we agreed to put the mediation off for a month while the State holds its risk management meeting.
Showed up to mediation this morning. Defendant has $0 in authority. Understands the judge isn't likely to want to be overturned twice on the same issue, understands the appellate court handed us a big win, understands I got the lienholder to not go after hundreds of thousands of dollars in prescription drug costs if we settle it. Also understands there's a related action they'd have full subrogation rights in.
$0 in authority. I don't understand this job anymore.
Showed up to mediation this morning. Defendant has $0 in authority. Understands the judge isn't likely to want to be overturned twice on the same issue, understands the appellate court handed us a big win, understands I got the lienholder to not go after hundreds of thousands of dollars in prescription drug costs if we settle it. Also understands there's a related action they'd have full subrogation rights in.
$0 in authority. I don't understand this job anymore.
the rover
Footballguy
I once had to dictate an opposition to a motion from an airport while I waited for a plane to go to a funeral. I then had to call in to the hearing from the funeral. The opposing party knew the circumstances and did it anyway and refused to reschedule. The judge sanctioned him bigly.
Instinctive
Footballguy
Hahah! I'm probably not the best choice. I've learned a ton from these guys over the years and am super grateful.congrats on the early success with the new venture, fish.
but I think you mean "build" a house. with an architect and stuff.
and tbh- I (and I'm speaking for everyone here) could use another good lawyer fight. I'm going to pick... christo and that stanford kid. let's get it on.
Sweet J
Footballguy
You are litigating against the government, aren't you? Private firm handling the defense, or government attorneys?
Henry Ford
Footballguy
Private. I understand not being able to get authority, but then why are we at a mediation? Do you think I will cave and just say "yes! I will take $0!"
Aerial Assault
Footballguy
Have experienced this many times, probably all in circumstances less egregious than yours. My interpretation has always been that since judges almost never like to hear details of settlement discussions, showing up with no authority or an insulting nuisance value settlement is just a strategy to make them look/feel tough and demoralize you and your client. Meanwhile, they rarely if ever get called on the carpet for it. "We mediated and were unable to reach a settlement, your Honor."
-fish-
Footballguy
In California and Washington I've had courts require a sworn declaration in advance of mediation that there will be persons with settlement authority attending the mediation. The judges aren't afraid to issue contempt orders when people pull this type of crap.
Henry Ford
Footballguy
We all signed an agreement that the person with settlement authority would attend. I guess that's technically true.
Reg Lllama of Brixton
Footballguy
CletiusMaximus
Footballguy
the rover
Footballguy
the rover
Footballguy
-fish-
Footballguy
But he came with no settlement authority. I've gotten people rung up for contempt for that bull####.
-fish-
Footballguy
Henry Ford
Footballguy
Separate case also against the state - I have to choose in the next 72 hours between settling for half the value of a case I've already won or going to trial and potentially never getting paid.
No more cases against the State.
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-fish-
Footballguy
Because he doesn't care enough. Nobody's paying him. You're not his client. If you're frustrated because you don't know how the world works, at least he gets the entertainment value of your emails.
-fish-
Footballguy
I'd go with trial and never getting paid. Why worry about trial when you've already won?
-fish-
Footballguy
good. you want to make sure that you don't have anything in writing in all legal matters.
Henry Ford
Footballguy
Yankee23Fan
Fair Tax!
CletiusMaximus
Footballguy
Under our rules, the parties can be sanctioned for not appearing or not having authority, but they can't force you to settle. Showing up with authority to accept zero (or demand 100%) is perhaps a low-rent move, but its not sanctionable here. You have the full authority your client has authorized and the court can't force anyone to compromise under our ADR statute.
Long Ball Larry
Footballguy
Henry Ford
Footballguy
Meaningless to them. If I get my high number it'll be an asset of my estate. Maybe my heir's estate. Maybe theirs. Even a judgment for the lowest possible number might be. They aren't obligated to pay, basically ever.
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Henry Ford
Footballguy
Getting paid in this context isn't about getting a judgment. I expect a judgment of between $150-250k plus 4 years' judicial interest. But the state would have to pass a bill to get me paid. They've paid zero judgments in the last four years, as an example.
Yankee23Fan
Fair Tax!
