CletiusMaximus
Footballguy
:hottake:You're supposed to want to be on the other side of this equation...
:hottake:You're supposed to want to be on the other side of this equation...
Why even justify that with a responseBut somebody has to be on the side of the equation that I was. And, if I can do that job professionally and within the ethical confines of the law, then it’s far better that I’m on that side because somebody needs to be and another person may not be able to do the job as the constitution intends.
I can't believe I completely forgot he's the dude that "brought woz to the boards." Now I only see him as "that guy who trolls the trans thread," thought he was doing the same in here.Because he's my friend.
The trans thread?I can't believe I completely forgot he's the dude that "brought woz to the boards." Now I only see him as "that guy who trolls the trans thread," thought he was doing the same in here.
Yup. Transgender thread. It’s a real eye opener about some posters.The trans thread?
Actually I'm giving myself a pass on this one. Dude last posted in 2010 until this week, where he has posted in:I can't believe I completely forgot he's the dude that "brought woz to the boards." Now I only see him as "that guy who trolls the trans thread," thought he was doing the same in here.
You may want to check on him. Call his wife and confirm he's safe.Because he's my friend.
I figured that was the thread but I didn’t see any posts from him.Yup. Transgender thread. It’s a real eye opener about some posters.
He deleted them. Many are still quoted in my responses to him.I figured that was the thread but I didn’t see any posts from him.
Good for you for still having a soul.This job is soul crushing sometimes.
This job is soul crushing sometimes.
Oof. Jesus.For anyone thinking they had a bad day:
Associate in Dentons' Vancouver office gets duped, wires $2,518,250 in sale proceeds from firm's trust account to a scammer posing as mortgage lender.
Insurance coverage uncertain: https://www.canlii.org/en/on/onsc/doc/2018/2018onsc7311/2018onsc7311.html
I feel sickCletiusMaximus said:For anyone thinking they had a bad day:
Associate in Dentons' Vancouver office gets duped, wires $2,518,250 in sale proceeds from firm's trust account to a scammer posing as mortgage lender.
Insurance coverage uncertain: https://www.canlii.org/en/on/onsc/doc/2018/2018onsc7311/2018onsc7311.html
Quote
Less than two years into a 65-year settlement, Class Counsel has already depleted almost 90% of the $112.5 million common benefit fund (“Fee Fund”) this Court said was “to be used to pay Class Counsel for securing and [ii] implementing” the settlement over the course of the next six decades.
Quote
From the $22.8 million set aside by the Court for implementation, and in response to Co-Lead Class Counsel’s First Verified Petition for An Award of Post-Effective Date Common Benefit Attorneys’ Fees and Costs (ECF 10128; the “First Petition”), the Court recently awarded Class Counsel $9.4 million for fees and expenses they claimed were incurred between January 2017 and May 2018 (See ECF 10378). Co-lead Class Counsel’s Second Petition seeks an additional $3.2 million for fees and expenses allegedly incurred over a 6-month period between May and November 2018 (ECF 10374).
Collectively, the First and Second Petitions confirm Class Counsel—left largely unrestrained and with little Class Member oversight and an apparently-unlimited (and undisclosed) budget—are burning through funds set aside for the settlement’s 65-year term at more than $500,000 per month. At that pace, and if the Second Petition is granted, the remaining $10.2 million set aside for implementation will be exhausted in less than two years, approximately 61 years before the end of the settlement’s 65-year term.
Not a Colorado guy, but I do a lot of construction defect work. Colorado has a notice of claims statute, so no matter what you'd start by notifying the builder of the problem, which triggers an informal process where they get an opportunity to inspect and do repairs. Nothing to lose by initiating the process.Does anyone have any experience with Colorado Construction law?
We bought 1/2 a duplex with a metal roof that has a sharp pitch to it's roof. After it snows the metal roof heats up quickly causing all the snow on the roof to flow into the gutters. This makes them fill up and creates dripping icicles and chunks of snow dropping onto the pathway to our door. Since it's a duplex, we have to coordinate with the other owner to install snow guards on the roof to fix it. It's not cheap. The issue is they don't live in their unit and instead rent it out. We got the quotes to fix it, but they want to try and sue the builder in small claims court for the $6k to fix it.
I'd rather just be done with it and get it fixed since we have to live with it, but they wanna go down that path first. Obviously, I'd like the builder to fix it, but is there any way this works? Or is it tough luck? If anything, the stupid roof installer should've put it on IMO.
Frustrating.
Yeah, they'll argue it's a betterment, but if you can get someone to say that the way the roof is designed the gutters are inadequate, it's still a defect. Builders suck. It's why I have a successful career.We emailed them a few weeks ago and they said snow guards are not required in Denver so we can go pound sand. It just seems like our new build warranty mentions working gutters and roof and they clearly don't work.
Get rid of the gutter or parts of the gutter?Does anyone have any experience with Colorado Construction law?
We bought 1/2 a duplex with a metal roof that has a sharp pitch to it's roof. After it snows the metal roof heats up quickly causing all the snow on the roof to flow into the gutters. This makes them fill up and creates dripping icicles and chunks of snow dropping onto the pathway to our door. Since it's a duplex, we have to coordinate with the other owner to install snow guards on the roof to fix it. It's not cheap. The issue is they don't live in their unit and instead rent it out. We got the quotes to fix it, but they want to try and sue the builder in small claims court for the $6k to fix it.
I'd rather just be done with it and get it fixed since we have to live with it, but they wanna go down that path first. Obviously, I'd like the builder to fix it, but is there any way this works? Or is it tough luck? If anything, the stupid roof installer should've put it on IMO.
Frustrating.
Technically nobody had to hire an attorney to do anything. Usually you get better results when you hire a lawyer skilled in the field you're in, but often that's an economically negative proposition. In this case, it's not that difficult to initiate the process. Look up the Colorado Construction Defect Action Reform Act, find the section on notice of claim and right to cure, and write a demand letter using the language in the statute. In most states, you need to send a certified letter.Would we have to hire an attorney to write this up?
Sorry I missed this. PM me if you still need to talk to someone, including what state and who made the hip if you canQuestion for the Lawyer guys......
I'm not the suing type but this has my blood boiling and is costing me money...... My wife had a hip replaced back in July. The hip itself is good now, but part of the incision never healed. She went back to the doctor 3 weeks after surgery and he said he didnt know what was going on, that mostly it was because she's overweight. the bulge kept getting bigger, opened once and drained like crazy, then her skin flaked off, but it closed up.
It started growing again and was painful. Went back to the surgeon in Dec. He didn't even look at it, had is PA look at it and told her, she didn't know, but it wasn't anything major. The doctor once again stated it was because she was overweight.
A few weeks ago she went to see a dermatologist, he wouldn't touch it because he didn't do the surgery, went to a walk-in clinic, and they wouldn't do anything but suggested she see her primary. She went to see her, and the doctor was livid no one would touch her. By now it's was still growing. So her doctor cut it open, instant relief. She feels the incision was never sutured properly and her incision was now herniated and tissue growing out of it and told her she should see a Plastic Surgeon to get it fixed. It's been draining for 3 weeks now and I've been changing her dressing twice a day. Last Weds it burst, I won't tell you what came out of it, but it was freaking gross. Again she had instant relief. She's finally getting into the Plastic Surgeon this Weds, and hopefully he'll fix her up by the end of the week. But we are talking about another surgery now and more money out of my pocket.
The ego of this surgeon is unreal. He flat out told us when we went back after surgery that there will be no infections or any complications because he will not have that tarnish his record. That he didn't know what the bulge was and that it was because she was overweight.
She has lost muscle in that leg and has a lot of troubles with it, she needs to get muscle back but she can't because she can't exercise because of the open wound.
Is there any malpractice here? I feel so bad for her and the pain and crap she's endured over these past 6 months, It's ridiculous. I've been taking pictures every few days and have everything documented.
My big win for the day was getting a county clerk to understand that the search function for the court's website has been down since November.Gonna brag a bit here. I teamed up with the ACLU and scored a huge win in my jurisdiction for indigent defendants on a particular pre-trial release issue.
My wife and I are literally in the middle of a conversation about what it would look like if I stopped practicing. Not because woe is me. But because the stress has been bad lately. I was just in Florida for a week and basically stayed half drunk the whole time to drown out the noise.This profession is incredibly stressful and maddening sometimes. There are weeks I feel way overpaid. And there are weeks like this one where I think I should walk to another firm and make double given the wear and tear on my psyche.
For me, as a partner in BigLaw, it's not even a fun geek-out problem solving/find the smoking gun/come up with a great strategy to win the case job anymore. That part is more or less gone. Now it's basically a sales and management position. The sales part is the only way I get a real "high" lately it seems, hauling in a big new case or client. The management part is just constant BS and headaches, dealing with HR issues, etc.My wife and I are literally in the middle of a conversation about what it would look like if I stopped practicing. Not because woe is me. But because the stress has been bad lately. I was just in Florida for a week and basically stayed half drunk the whole time to drown out the noise.
And this is at the same time I just doubled the firm size and footprint. When I truly help someone who needs help and all those stars align, it's a drug I cant kick..... but it's harder and harder to get that high.
Monday or Tuesday evening of this past week I was on a scheduled phone conference with my child psychology expert preparing for a case. It was about 10 PM and my wife got home earlier than expected from having dinner with some of her friends. Because I had assumed I'd be done before she got home I was working in our open living area with my work spread out a bit and the phone on speaker. I shoot my wife a client look which she presumably reads as, "you don't want to hear this" because she wants to make herself a water and a tea before going into our bedroom. So, she gets to overhear several minutes of me discussing the forensic interview of a six year old child and the facts surrounding such whereby my client is alleged to have done something you'd expect to hear on Law and Order: SVU.My wife and I are literally in the middle of a conversation about what it would look like if I stopped practicing. Not because woe is me. But because the stress has been bad lately. I was just in Florida for a week and basically stayed half drunk the whole time to drown out the noise.
And this is at the same time I just doubled the firm size and footprint. When I truly help someone who needs help and all those stars align, it's a drug I cant kick..... but it's harder and harder to get that high.
Yeah, this is exactly why I’m a plaintiff’s lawyer.For me, as a partner in BigLaw, it's not even a fun geek-out problem solving/find the smoking gun/come up with a great strategy to win the case job anymore. That part is more or less gone. Now it's basically a sales and management position. The sales part is the only way I get a real "high" lately it seems, hauling in a big new case or client. The management part is just constant BS and headaches, dealing with HR issues, etc.
I'm basically just in sales now.
Make time.Monday or Tuesday evening of this past week I was on a scheduled phone conference with my child psychology expert preparing for a case. It was about 10 PM and my wife got home earlier than expected from having dinner with some of her friends. Because I had assumed I'd be done before she got home I was working in our open living area with my work spread out a bit and the phone on speaker. I shoot my wife a client look which she presumably reads as, "you don't want to hear this" because she wants to make herself a water and a tea before going into our bedroom. So, she gets to overhear several minutes of me discussing the forensic interview of a six year old child and the facts surrounding such whereby my client is alleged to have done something you'd expect to hear on Law and Order: SVU.
The next night I'm reviewing some audio recordings of some ugly phone calls between two parties going through a custody case. My wife comes into the room and accidentally overhears some of that as well. I shut it off when I realize she's there. My wife then asks me if this is stuff I deal with on a daily basis. I explain that it is and it's part of the job. She then takes a breath and explains that she's noticed, along with our extended family, that my stress and patience, which used to be at really good levels, has significantly decreased the last few years. She says she gets why I come home so stressed and wound up -- and is sympathetic in realizing that home is the rare instance where I don't have to keep up the professional guard -- but that she's worried about me and asked me to consider counseling.
She's probably not wrong. But my first thought upon hearing the suggestion was, "there's no way I have time for that."
I hear you. I go to counseling (at church so it's for more than just this). I've been told to stop practicing.Monday or Tuesday evening of this past week I was on a scheduled phone conference with my child psychology expert preparing for a case. It was about 10 PM and my wife got home earlier than expected from having dinner with some of her friends. Because I had assumed I'd be done before she got home I was working in our open living area with my work spread out a bit and the phone on speaker. I shoot my wife a client look which she presumably reads as, "you don't want to hear this" because she wants to make herself a water and a tea before going into our bedroom. So, she gets to overhear several minutes of me discussing the forensic interview of a six year old child and the facts surrounding such whereby my client is alleged to have done something you'd expect to hear on Law and Order: SVU.
The next night I'm reviewing some audio recordings of some ugly phone calls between two parties going through a custody case. My wife comes into the room and accidentally overhears some of that as well. I shut it off when I realize she's there. My wife then asks me if this is stuff I deal with on a daily basis. I explain that it is and it's part of the job. She then takes a breath and explains that she's noticed, along with our extended family, that my stress and patience, which used to be at really good levels, has significantly decreased the last few years. She says she gets why I come home so stressed and wound up -- and is sympathetic in realizing that home is the rare instance where I don't have to keep up the professional guard -- but that she's worried about me and asked me to consider counseling.
She's probably not wrong. But my first thought upon hearing the suggestion was, "there's no way I have time for that."
Me too. Not at a church, obviously. My guy tells me I should stop practicing. I usually tell him “not until I get it right.”I hear you. I go to counseling (at church so it's for more than just this). I've been told to stop practicing.
yeah, too many end up turning to booze and drugs as a substitute to mental health. I drink and do therapy.@Zow
You’re a dream client. You don’t have mental illness, you just need someone you can talk to so you don’t end up severely mentally ill. It’s a flu shot for your brain. You don’t even need a good therapist, just a confidential one who will listen.
If your wife and rest of your family are starting to notice, it’s time. If you can’t talk to your wife about your cases it is absolutely time.
I’ve lost too many good friends who are great lawyers to “I don’t have time to save myself.” Do it.
I can and do talk to my wife about my cases. She's also good about letting me vent about particularly unreasonable client. And that does help. But, for her sake, I don't talk about the really bad ones or the particular things I have to see/address that are truly bad/evil.@Zow
You’re a dream client. You don’t have mental illness, you just need someone you can talk to so you don’t end up severely mentally ill. It’s a flu shot for your brain. You don’t even need a good therapist, just a confidential one who will listen.
If your wife and rest of your family are starting to notice, it’s time. If you can’t talk to your wife about your cases it is absolutely time.
I’ve lost too many good friends who are great lawyers to “I don’t have time to save myself.” Do it.
You don’t have to get it done today. Well begun is half done. Good work starting.I can and do talk to my wife about my cases. She's also good about letting me vent about particularly unreasonable client. And that does help. But, for her sake, I don't talk about the really bad ones or the particular things I have to see/address that are truly bad/evil.
After some of the comments in this thread I told my wife I'd look into a counselor this week. My wife and I did a few counseling session when our foster son was reunited with his biological mother after two years. Unfortunately he's moved away. I intend to keep looking but, well, it's 10:00 PM, I'm still working, and I'm in trial the next three days.
Good luck GB. Take care of yourself.I can and do talk to my wife about my cases. She's also good about letting me vent about particularly unreasonable client. And that does help. But, for her sake, I don't talk about the really bad ones or the particular things I have to see/address that are truly bad/evil.
After some of the comments in this thread I told my wife I'd look into a counselor this week. My wife and I did a few counseling session when our foster son was reunited with his biological mother after two years. Unfortunately he's moved away. I intend to keep looking but, well, it's 10:00 PM, I'm still working, and I'm in trial the next three days.
I don't even understand how doing that enters your mind.Helpful tip of the day:
When appealing an adverse ruling by a female judge, it is best to avoid referring to her ruling as "succubistic" in your notice of appeal.
https://www.courts.ca.gov/opinions/documents/G054840.PDF
I was once sanctioned for gender bias for pointing out that an attorney's claimed reason for a trial continuance (maternity leave) that was filed well after the deadline was simply a delaying tactic since she had (1) announced her pregnancy on the record during a deposition months earlier, and therefore clearly knew before the deadline to ask for a continuance that she would be unable to try the case as scheduled and (2) she was not going to be trial counsel in any case, as her firm was engaging in an intentional strategy of wasting the primary policy limits and then withdrawing in favor of the umbrella insurer.I don't even understand how doing that enters your mind.
Here's the full sentence from his notice of appeal: "The ruling’s succubustic adoption of the defense position, and resulting validation of the defendant’s pseudohermaphroditic misconduct, prompt one to entertain reverse peristalsis unto its four corners." I don't want to make light of mental health issues in our profession, which is a very real concern, but this is one lawyer who needs to consider taking a break.Henry Ford said:I don't even understand how doing that enters your mind.