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the milk machine
Jul 23, 2002

lick my keys
Nah, I think it's ok probably. Most of the firms in the area that do construction seem to be looking for 3rd+ year associates and I just really needed a change.

Speaking of, I love reading the stories in this thread from actual Trial Lawyers, but how many law firm dummies like me just lurk and imagine being in court?

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Soothing Vapors
Mar 26, 2006

Associate Justice Lena "Kegels" Dunham: An uncool thought to have: 'is that guy walking in the dark behind me a rapist? Never mind, he's Asian.
I would probably eat a bullet if I didn't have court and oral arguments and poo poo to punctuate the hellish monotony of this job

the milk machine
Jul 23, 2002

lick my keys
I just started my third year, so it's only the hope of those that's keeping me going

Slow News Day
Jul 4, 2007

ThirdPartyView posted:

"I want to run a business where I don't have to pay FICA (and state equivalent payroll) taxes and have other benefits requirements, but I don't want to spend money to draft something that will otherwise leave me violently violated if the (federal and state) DOL, IRS or Franchise Tax Board/Employment Development Department come in, which they inevitably will at some point. So, anyone want to do it for free? Good night and God bless."

It doesn't have anything to do with "not wanting" to pay FICA taxes and other benefits. In the specific industry I'm starting in, skilled professionals already work as independent contractors. I couldn't sign them on as employees even if I wanted to because it doesn't fit their lifestyles and work styles. They prefer the freedom to work from wherever they want and also prefer working part-time for multiple clients. That's why the only realistic option for me is to go the 1099 route.

I also did not say I'm looking for someone to do it for free. But thanks, Shinto.

Anyway, I found a lawyer friend and we reached a non-monetary agreement (his legal expertise in exchange for my company's services) so it's all good. Thanks for the advice, thread. :)

Chef Boyardeez Nuts
Sep 9, 2011

The more you kick against the pricks, the more you suffer.

enraged_camel posted:

It doesn't have anything to do with "not wanting" to pay FICA taxes and other benefits. In the specific industry I'm starting in, skilled professionals already work as independent contractors. I couldn't sign them on as employees even if I wanted to because it doesn't fit their lifestyles and work styles. They prefer the freedom to work from wherever they want and also prefer working part-time for multiple clients. That's why the only realistic option for me is to go the 1099 route.

I also did not say I'm looking for someone to do it for free. But thanks, Shinto.

Anyway, I found a lawyer friend and we reached a non-monetary agreement (his legal expertise in exchange for my company's services) so it's all good. Thanks for the advice, thread. :)

I can't see how this is anything but a cathouse.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

Subterfrugal posted:

I can't see how this is anything but a cathouse.

*nods*


Could also be meth lab, bbut they generally don't worry about taxes

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

joat mon posted:

/\ /\ /\
"Joe" or "dogface" or "meh"


What thing is that?
My era's thing was "I may or may not have actually passed the bar."

Oh, it's quite the scandal. Birtheresque, except possibly real. Apparently the commandant may have lied about completing tbs. From what i understand in his era certain specialties got waived which ok fine, whatever, but on more than one resume he's claimed to have graduated. Then claimed kt was via corrrespondence course. typing on a tablet right now so linking is difficult but if you google sempre lie you'll get the jist. (:this comes right after all the "the weirick" peeing on taliban uci drama. Good times for Amos!)

And i can think of nothing more derrogatory than simply being called army. *shudder*

Horseshoe theory
Mar 7, 2005

enraged_camel posted:

Anyway, I found a lawyer friend and we reached a non-monetary agreement (his legal expertise in exchange for my company's services) so it's all good. Thanks for the advice, thread. :)

Barter exchanges are fully taxable to both parties, FYI - you're welcome! :)

Horseshoe theory fucked around with this message at 12:35 on Oct 31, 2014

Defleshed
Nov 18, 2004

F is for... FREEDOM

Soothing Vapors posted:

I would probably eat a bullet if I didn't have court and oral arguments and poo poo to punctuate the hellish monotony of this job

Eventually I will have to take an assignment outside the military justice area and that kind of bums me out.

The Army is weird with its lawyers. They want us to be "generalists" in our six areas (justice, operational law, administrative law, fiscal/contracts law, legal assistance, and claims) so in order to progress in your career you need to take a variety of assignments.

What that means in practice is that you have individuals who under no circumstances should ever be in a court law having to serve as trial counsel, while guys like me and a few other folks I know who have a natural ability for it have to take desk jockey assignments every couple of years. It's an odd thing to do and I've always maintained they should allow us to specialize and still progress as officers.

I want to serve as a Defense counsel or Special Victim Prosecutor next but I'm about to go do an operational law assignment for a couple years which is going to have me rusty as heck when I get back to justice :(

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider

the milk machine posted:

Nah, I think it's ok probably. Most of the firms in the area that do construction seem to be looking for 3rd+ year associates and I just really needed a change.

Speaking of, I love reading the stories in this thread from actual Trial Lawyers, but how many law firm dummies like me just lurk and imagine being in court?

The wheeling and dealing and dick-on-the-table of my job is fun. Court is even more fun because of the dick-on-the-table stuff.

Paperwork, discovery, and dealing with attorneys make me want to slit my wrists. Seriously. Court is the best part of this job.

G-Mawwwwwww fucked around with this message at 16:01 on Oct 31, 2014

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

ActusRhesus posted:

Oh, it's quite the scandal. Birtheresque, except possibly real. Apparently the commandant may have lied about completing tbs. From what i understand in his era certain specialties got waived which ok fine, whatever, but on more than one resume he's claimed to have graduated. Then claimed kt was via corrrespondence course. typing on a tablet right now so linking is difficult but if you google sempre lie you'll get the jist.

quote:

The Marine Corps is acknowledging that the retiring commandant, Gen. James Amos, did not attend the Corps‘ officers training school, though he told the Senate Armed Services Committee in a signed resume that he had graduated in 1972.

A Corps official told an inquiring congressman last week that Gen. Amos graduated from The Basic School on Feb. 28, 1977, through a correspondence course.
http://www.washingtontimes.com/news/2014/oct/14/semper-lie-marine-corps-commandant-james-amos-padd/?page=all

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

CaptainScraps posted:

The wheeling and dealing and dick-on-the-table of my job is fun. Court is even more fun because.

Paperwork, discovery, and dealing with attorneys make me want to slit my wrists. Seriously. Court is the best part of this job.

My favorite part is winning. My least favorite part is not winning.

I also like the parts where I get to drive somewhere and do "lawyer work" outside. Last month, I got to sneak around and take pictures of houses in a historical district.

Defleshed
Nov 18, 2004

F is for... FREEDOM

blarzgh posted:

My favorite part is winning. My least favorite part is not winning.

I also like the parts where I get to drive somewhere and do "lawyer work" outside. Last month, I got to sneak around and take pictures of houses in a historical district.

I have paralegals friend defendants on Facebook using a fake "sexy lady" account then screenshot the dumb poo poo they say on their walls. Haven't tried to introduce anything from these efforts yet, BUT SOMEDAY

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

Defleshed posted:

I have paralegals friend defendants on Facebook using a fake "sexy lady" account then screenshot the dumb poo poo they say on their walls. Haven't tried to introduce anything from these efforts yet, BUT SOMEDAY

The only thing better than facebook is myspace. Half of our gang intel comes from facebook. And yes, it's admissible so long as its relevant and more probative than prejudicial etc. etc. Just did a murder trial where we pulled tons of pictures from facebook to prove "associations" between various fine upstanding youths. (Of course with the proper limiting instruction that the jury was not to consider the gang symbols being flashed by the defendant in any of these photos blah blah blah)

Though if your paralegal actually communicates with them, that might be a problem...better stick to the publicly available info.

ewr2870 posted:

This almost certainly violates your state's rules of professional conduct.


Yup. Tread lightly there.

ewr2870
May 8, 2007

Defleshed posted:

I have paralegals friend defendants on Facebook using a fake "sexy lady" account then screenshot the dumb poo poo they say on their walls. Haven't tried to introduce anything from these efforts yet, BUT SOMEDAY

This almost certainly violates your state's rules of professional conduct.

the milk machine
Jul 23, 2002

lick my keys

ewr2870 posted:

This almost certainly violates your state's rules of professional conduct.

Yeah, I would definitely not do that. I wouldn't be too excited about trying to explain how friending someone on facebook is different than communication with a represented adverse party.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

the milk machine posted:

Yeah, I would definitely not do that. I wouldn't be too excited about trying to explain how friending someone on facebook is different than communication with a represented adverse party.

especially when so many of them are stupid enough to have public profiles anyway.

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

ewr2870 posted:

This almost certainly violates your state's rules of professional conduct.

Yeah, you can't do that even if the paralegal uses their real name. Fair game to look at public profiles though.

http://www.philadelphiabar.org/WebObjects/PBAReadOnly.woa/Contents/WebServerResources/CMSResources/Opinion_2009-2.pdf
http://www.nysba.org/CustomTemplates/Content.aspx?id=5162

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."
And if you really believe there's incriminating evidence behind a locked profile, facebook is actually wonderful about complying with warrants, subpoenas and court orders.

Defleshed
Nov 18, 2004

F is for... FREEDOM
I had no idea these opinions existed, but after some thought it is definitely one interpretation of how things go. Overzealous mistake I guess. There is no communication going on other than the initial "friend" request, but better safe than sorry.

There isn't anything specifically on-point on this in the Illinois ethics opinions, but I certainly don't want to be the test case. Guess I better forward those opinions to the individuals who suggested this to me as well! Thanks for the links guys.

ActusRhesus posted:

And if you really believe there's incriminating evidence behind a locked profile, facebook is actually wonderful about complying with warrants, subpoenas and court orders.

Did you have success with that while in the military? I never have been able to get FB to comply with our subpoenas, normally because we don't ever really have "specific and articulate facts" under the SCA. We just wanna have a look around.

Defleshed fucked around with this message at 17:10 on Oct 31, 2014

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
"Check Parties' Social Media" is on my list of pre-litigation steps.

We found and screencapped a tumbler blog of this girl who was suing her mother, pro se, for a bunch of crazy, made-up poo poo.

We found, specifically on page 47: "Welp, not like I can get a fair trial when the judge is screwing my mother's attorney on the side."

So we printed it out and handed it to the Judge. The Judge was not happy.

mikeraskol
May 3, 2006

Oh yeah. I was killing you.

blarzgh posted:

"Check Parties' Social Media" is on my list of pre-litigation steps.

This is a must, I unfortunately learned the hard way. One of our experts was getting deposed and the other side found a 5 year old tweet of his that was not good. Nobody had bothered to look that far back through his twitter account.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

Defleshed posted:

I had no idea these opinions existed, but after some thought it is definitely one interpretation of how things go. Overzealous mistake I guess. There is no communication going on other than the initial "friend" request, but better safe than sorry.

There isn't anything specifically on-point on this in the Illinois ethics opinions, but I certainly don't want to be the test case. Guess I better forward those opinions to the individuals who suggested this to me as well! Thanks for the links guys.


Did you have success with that while in the military? I never have been able to get FB to comply with our subpoenas, normally because we don't ever really have "specific and articulate facts" under the SCA. We just wanna have a look around.

only time i needed a subpoena for a non-military person, I had the USAO do it for me. Networking...it pays.

Kalman
Jan 17, 2010

mikeraskol posted:

This is a must, I unfortunately learned the hard way. One of our experts was getting deposed and the other side found a 5 year old tweet of his that was not good. Nobody had bothered to look that far back through his twitter account.

Things I have learned to check before hiring experts:

Criminal record.
Social media.
Lecture notes.

Not a Children
Oct 9, 2012

Don't need a holster if you never stop shooting.

Kalman posted:

Lecture notes.

Stories?

Kalman
Jan 17, 2010


Lecture notes is the most boring one - technical expert gave his opinion, turned out to have said pretty much the opposite thing in a lecture he gave his students.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

Kalman posted:

Lecture notes is the most boring one - technical expert gave his opinion, turned out to have said pretty much the opposite thing in a lecture he gave his students.

One of my co-workers crossing a defense expert:

You're getting paid for your testimony today, right?

Yes.

How much?

whatever the amount was...it was a lot.

If I gave you (Amount +1) would you testify for me?

THAT WOULD BE UNETHICAL!!!!! *witness proceeds to have indignant melt down on stand.*

*awkward silence*

What about (amount +50)?

This of course is the same co-worker who, upon receiving notice that he was going to be laid off at the end of the day due to a statewide budget issue, walked into traffic court and nolled the entire motor vehicle docket. I don't even want to know how much that cost the state. Probably enough to have kept him on the payroll for at least a few more months. (epilogue, the budget issue resolved itself and all the laid off attorneys were promptly rehired.) Needless to say, I consider this man one of my most valuable mentors.

Arcturas
Mar 30, 2011

Bwahahahahahahaha.

That's kinda fantastic.

Kalman
Jan 17, 2010

ActusRhesus posted:

One of my co-workers crossing a defense expert:

You're getting paid for your testimony today, right?

Yes.

How much?

whatever the amount was...it was a lot.

If I gave you (Amount +1) would you testify for me?

THAT WOULD BE UNETHICAL!!!!! *witness proceeds to have indignant melt down on stand.*

*awkward silence*

What about (amount +50)?

We prep our experts on how to answer that (the answer is "No, of course not. I am working for client because I believe they're correct.") (Also it can backfire if your expert is cheaper, and they will get asked about their rate - sometimes juries will say "well that guy is getting paid more so he must be smarter" because god drat juries.)

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

Kalman posted:

We prep our experts on how to answer that (the answer is "No, of course not. I am working for client because I believe they're correct.") (Also it can backfire if your expert is cheaper, and they will get asked about their rate - sometimes juries will say "well that guy is getting paid more so he must be smarter" because god drat juries.)

I'm sure they did too. They underestimated this particular attorney's ability to really piss people off.

echopapa
Jun 2, 2005

El Presidente smiles upon this thread.

Kalman posted:

Things I have learned to check before hiring experts:

Criminal record.
Social media.
Lecture notes.

“Accreditation of expert’s alma mater” should also be on that list.

Hot Dog Day #91
Jun 19, 2003

My partner subpoenaed my kids pediatrician this week. She hit on him while on the stand.

HiddenReplaced
Apr 21, 2007

Yeah...
it's wanking time.

joat mon posted:

If we can find a zoomie and a coastie and we'll have the full set!

OFF WE GO...into the wild blue yonder...climbing high, into the sun!

Here they come, zooming to meet our thunder...at 'em boys, give'm the gun!

GIVE EM THE GUN!!!!!!!!!!



Law firms should make their associates sing songs together - it would totally improve morale. Particularly if the song was about murdering the opposing side or going down in a blaze of flaming glory.

HiddenReplaced fucked around with this message at 02:05 on Nov 1, 2014

Meatbag Esq.
May 3, 2006

Hmm which internet meme should go here again?
I made all of the attorneys in my practice group dance this year for Halloween (also last year). Does that count?

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
*Read Expert's CV* also on the list.

Plaintiff's counsel deposing our expert witness: "So, have you EVER prepared a valuation for an oilfield services company?"

Our Expert: "No."

OC[soooo smugly]: "So, then tell the jury how on earth you're qualified to testify about economic effects in an oilfield setting?"

Our Expert: "I prepared the report on the Economic Impact of the invasion of Kuwait on the Middle East Oil Industry for the United Nations."

Popero
Apr 17, 2001

.406/.553/.735
I don't understand was there not a deposition? That's where you get embarrassed where no one can see!

Soothing Vapors
Mar 26, 2006

Associate Justice Lena "Kegels" Dunham: An uncool thought to have: 'is that guy walking in the dark behind me a rapist? Never mind, he's Asian.
Yeah, I would never not depose an expert for that very reason. What a putz

Arcturas
Mar 30, 2011

It's going to be increasingly common in Utah. Our new rules of civil procedure let you choose to either depose an expert OR get the expert's report. If you go for the report they're limited to testifying based only on stuff in the report, which cuts down on the "oh, well the other reason for that is..." But missing out on a depo...

Popero
Apr 17, 2001

.406/.553/.735
Those rules suck. We get depositions that are practically unlimited in length and our production rule is so broad that it gets us basically every piece of paper in the expert's file. Which is always fun to catch someone who does 99% federal court work basically drafting the expert's report in emails back and forth.

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Deceptive Thinker
Oct 5, 2005

I'll rip out your optics!
68% on the patent bar :suicide:

it's going to be a long month

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