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I've spent so much time in mediation lately. gently caress mediation.
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Apr 18, 2019 15:13
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GrandmaParty posted:I've spent so much time in mediation lately. gently caress mediation. Mediation does actually serve its purpose for some things right? It actually keeps things out of the courtroom?
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Apr 18, 2019 15:30
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Kalman posted:From what I recall from when I was looking actively, junior (<5) in-house opportunities exist but are rare compared to opportunities at the 5+ (and especially 7-8+) level. Depends on your field. If you’re corporate, there are a lot of in-house spots in the 2-4 year range. But there are basically zero for anything else. By contrast, I do L&E and it’s very hard to get in with less than 5 years of experience.
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Apr 18, 2019 15:49
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Healthcare you can get in to Ops or data security type work with 2-4 years of experience. Maybe managed care.
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Apr 18, 2019 15:55
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Pook Good Mook posted:Mediation does actually serve its purpose for some things right? It actually keeps things out of the courtroom? 95% of all court cases settle before trial. In my personal experience, about 50% of mediations result in a settlement (that figure may be skewed negatively by recency bias of dumb rear end in a top hat stupid bitch fucker opposing counsels and parties). Edit: So I did a little informal poll of my past cases of the past few years that settled (no summary judgment, no dismissal, no trial - actual settlement reached) and here is what I'm seeing: Of all those cases, half of them settled between the attorneys, with no mediation required. Of the cases that went to mediation, about 75% of those settled at mediation, or shortly thereafter as a proximate result of the progress made at mediation. The remaining 25% of them settled much later on, or were dismissed/disposed of for some other reason. blarzgh fucked around with this message at 16:09 on Apr 18, 2019 |
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Apr 18, 2019 16:01
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cooley_grad.txt https://twitter.com/zackbeauchamp/status/1118909855354454024
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Apr 18, 2019 17:34
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blarzgh posted:I only know one person around here (North Texas) that went in house, and she did because her husband was already working for the company. Where do people even "look" for in-house jobs? Goinhouse.com mostly.
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Apr 18, 2019 18:14
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Harvard educated lawyer Elliott Abrams tried to shake down the Sultan of Brunei for a 10 million dollar bribe and had him wire it to the wrong Swiss Bank account.
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Apr 18, 2019 18:26
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Also a funny story though I have some doubts about how much of an "accident" that was
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Apr 18, 2019 19:12
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blarzgh posted:95% of all court cases settle before trial. In my personal experience, about 50% of mediations result in a settlement (that figure may be skewed negatively by recency bias of dumb rear end in a top hat stupid bitch fucker opposing counsels and parties). I just had a mediation fall apart after three hours when the plaintiff refused to make an opening offer. Why waste my time? If you're not going to make an offer, at least have your attorney call me and tell me that it will probably be a waste of time, and ask me to waive the pre-suit mediation requirement. Grumble grumble.
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Apr 18, 2019 20:15
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I don’t go into mediation without a demand on the table from the other side. Also it helps settlement when that demand isn’t ludicrous. Coming to mediation with a $5 million demand when we have $20k on the table is stupid.
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Apr 18, 2019 20:45
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Florida has a statutory rule with settlement offers that shifts fees. If you decline a settlement offer and the opposing party beats it by 25%, they can claim for all fees and costs related to the suit. For example, a case in town had a settlement offer for $900k. The tobacco company turned it down and the plaintiff received a $10m judgement. Now the tobacco company owes all fees and costs where they wouldn’t if the judgement was $1.125m or less. Similarly if defense offers settlement, and if plaintiff recovers less than 75% at trial, the defense will be able to tax fees and costs. It’s a way to encourage settlement.
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Apr 18, 2019 20:50
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Mr. Nice! posted:Florida has a statutory rule with settlement offers that shifts fees. If you decline a settlement offer and the opposing party beats it by 25%, they can claim for all fees and costs related to the suit. Texas has something similar, but it hardly ever gets used. Partly because not many attorneys even know about it, but mostly because there are very few cases that are purely a question of how much the plaintiff will end up paying - the majority of civil suits are some amalgamation of cross claims and counter claims, and both sides think they're going to win and neither side thinks it will end up paying anything.
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Apr 18, 2019 21:49
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blarzgh posted:Texas has something similar, but it hardly ever gets used. Partly because not many attorneys even know about it, but mostly because there are very few cases that are purely a question of how much the plaintiff will end up paying - the majority of civil suits are some amalgamation of cross claims and counter claims, and both sides think they're going to win and neither side thinks it will end up paying anything. It's worse. A defendant receives a "credit" towards any judgment substantially similar to an offer made. The defendant doesn't actually ever get compensation. I only use them when defending DTPA claims where a successful plaintiff "shall" be awarded attorney's fees.
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Apr 18, 2019 21:54
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Yeah there is a federal offer of judgment rule too. And Louisiana has one, but it’s only for costs incurred from the point of judgment forward. I use it every now and then but I’ve never actually gone and filed a motion to tax costs after trial based on an offer of judgment.
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Apr 18, 2019 21:59
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yeah I've only ever really used offers of judgments as threats (quite successfully), I genuinely have no idea if a court around here would actually enforce one
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Apr 18, 2019 22:16
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Mr. Nice! posted:Florida has a statutory rule with settlement offers that shifts fees. If you decline a settlement offer and the opposing party beats it by 25%, they can claim for all fees and costs related to the suit. Lol lawyer math.
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Apr 18, 2019 22:56
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Vox Nihili posted:Lol lawyer math. lmbo I like using numbers like this Here's the rule: If the defendants offer $643,987, and the eventual judgment is $528,434.30, then I'm not sure what happens
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Apr 18, 2019 23:00
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It seems pretty wild that you can presumably throw out a BS lowball settlement offer for a potentially valuable case with real questions of fact or law at issue (e.g., offer $100 in a case where $100,000 is at issue) and then get rewarded with fee-shifting for a defense verdict.
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Apr 18, 2019 23:04
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Vox Nihili posted:It seems pretty wild that you can presumably throw out a BS lowball settlement offer for a potentially valuable case with real questions of fact or law at issue (e.g., offer $100 in a case where $100,000 is at issue) and then get rewarded with fee-shifting for a defense verdict. Yes that’s the point, let’s gamble
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Apr 18, 2019 23:10
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Vox Nihili posted:It seems pretty wild that you can presumably throw out a BS lowball settlement offer for a potentially valuable case with real questions of fact or law at issue (e.g., offer $100 in a case where $100,000 is at issue) and then get rewarded with fee-shifting for a defense verdict. To the deep pockets go the spoils.
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Apr 18, 2019 23:20
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Soothing Vapors posted:yeah I've only ever really used offers of judgments as threats (quite successfully), I genuinely have no idea if a court around here would actually enforce one It's common enough from what I can see in Florida civil suits. There's a pretty structured framework around it. I'm watching it unfurl in real time in a case I'm not involved in locally. Plaintiff's lawyers have experts and all of the plaintiffs lawyers and experts are getting deposed by the defendant as a matter of right, then they get to go to a hearing to challenge the number of hours, hourly pay rate, or any multipliers requested. It's a fun shitshow because
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Apr 19, 2019 00:06
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Pook Good Mook posted:Mediation does actually serve its purpose for some things right? It actually keeps things out of the courtroom? http://www.disputeresolutiondata.com/ only good for big boi international commercial, though.
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Apr 19, 2019 00:25
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I'm in court right now and some lawyer just showed up in a bright red jacket, blue / red checkered shirt, and an even brighter red bow tie. gently caress yeah man, you do you.
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Apr 19, 2019 18:22
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Oh my God he just stood up. He's got bright red sketchers on. And his jacket is too small for him. This is excellent.
BigHead fucked around with this message at 18:36 on Apr 19, 2019 |
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Apr 19, 2019 18:25
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BigHead posted:Oh my God he just stood up. He's got bright red sketchers on. And his jacket is too small for him. This is excellent. lol
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Apr 19, 2019 21:08
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Don’t doxx me
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Apr 19, 2019 21:14
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I submitted my first attempt at a class certification order today. If the judge signs it without edits, should I use that as a writing sample? I’m building a portfolio in the hopes that sometime later this year or next I can move out of florida and go somewhere I can actually get paid.
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Apr 20, 2019 00:10
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I've been thinking a lot about Paul Rawlinson's death. Paul for those who don't know became global head of Baker & McKenzie when he took a leave of absence for mental health, "exhaustion" as they said. Recently, he died unexpectedly. No cause of death has been shared but it's hard not to assume suicide or OD. Here's a guy who reached the pinnacle of his career but was crushed by the profession. There's got to be a better way to run this profession from both an economic model and from a humanitarian one. I'm a particularly hard headed guy and have no anxiety issues but even I can see this is untenable for the vast majority of people. I've got no solutions but at least I'm senior enough to raise the issue in my firm and think about how I can help steer things.
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Apr 20, 2019 00:46
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Mr. Nice! posted:I’m building a portfolio in the hopes that sometime later this year or next I can move out of florida and go somewhere I can actually get paid. Dude, just wanna say go for it. I've felt like your location has been holding you back big time but it wasn't on the table to leave FL, or even your part of FL. I think you'll do much better elsewhere. Good luck! Edit: Also, Yuns, NYC to 200k this summer would be a great start. Make it happen! But seriously I hope you can accomplish some good stuff. Fuzzie Dunlop fucked around with this message at 06:13 on Apr 20, 2019 |
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Apr 20, 2019 06:09
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Yuns posted:I've been thinking a lot about Paul Rawlinson's death. Paul for those who don't know became global head of Baker & McKenzie when he took a leave of absence for mental health, "exhaustion" as they said. Recently, he died unexpectedly. No cause of death has been shared but it's hard not to assume suicide or OD. Here's a guy who reached the pinnacle of his career but was crushed by the profession. There's got to be a better way to run this profession from both an economic model and from a humanitarian one. I'm a particularly hard headed guy and have no anxiety issues but even I can see this is untenable for the vast majority of people. I've got no solutions but at least I'm senior enough to raise the issue in my firm and think about how I can help steer things. I don't know if this is tenable, but in my dad's much smaller firm (~100 lawyers), every 6 (I think) years, partners got a 3 month paid sabbatical, which you were expected to take. This is incredibly good for mental health. You have to make taking it an obligation though, or a lot of people just won't take it off. This was apparently not uncommon in the old days of lawyers, they just never got rid of it. Yes, this costs money. Yes, you have to do a lot of planning to transition cases. Yes, you'll get a lot of resistance from assholes who want all the money. A long vacation with basically a complete disconnect (there are always some calls and emails) is what people need. Taking a week off is loving useless.
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Apr 20, 2019 08:48
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If you're eligible for Iowa and want to prosecute let me know
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Apr 20, 2019 16:11
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The root here appears to be a cultural problem, but the challenge is the cultural problems are economically and regulatorily reinforced, because, well, lawyers.
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Apr 20, 2019 16:12
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Mr. Nice! posted:I submitted my first attempt at a class certification order today. If the judge signs it without edits, should I use that as a writing sample? I’m building a portfolio in the hopes that sometime later this year or next I can move out of florida and go somewhere I can actually get paid. Nashville area here. Doc review can get you $27 an hour starting out with the potential to go up to $32. It’s with a company called Legility. They also do legal job placement. They got me my in-house job and generally have a hand in all parts of the legal industry here. I’m not sure but I don’t think you have to be TN barred for the doc review, Down side is Nashville isn’t cheap to live in anymore. But it’s also not NYC, DC, or Bay Area expensive. Look Sir Droids fucked around with this message at 16:29 on Apr 20, 2019 |
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Apr 20, 2019 16:22
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Pook Good Mook posted:If you're eligible for Iowa and want to prosecute let me know I’ve don’t yet have a year of practice so i’ve got a bit to go for reciprocity. It’s part of why I’m building a portfolio so I can try to convince someone who pays worth a gently caress somewhere to also pay for my state bar fees and such. I gotta demonstrate my worth somehow. Current boss is happy with me. I handled the discovery for the k&e case, got him a $50k fee lein (he was originally only getting $29k), and potentially got a class certified. Cleaning up old messes and neglect sucks, but I at least have something right now that’s paying and the boss has expressed he’s happy with me. Probably still going to offer low salary when I move from 1099 to w2, but he’s said he’ll give generous bonuses for closing and I can keep all of whatever I bring in myself.
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Apr 20, 2019 16:26
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nm posted:Even if it isn't that, excess anxiety and stress without adequate rest is going to gently caress your health up long term. Similar problem with lack of self-care for Jeff Adachi, the recently deceased PD of SF. Proximate cause of death was cocaine, but the coroner's report showed he also had significant untreated cholesterol and artery issues and he should've been on medication for that for years. This guy famously only slept 4 hours a night and refused to take care of himself, it's awful and no surprise he died at 59, cocaine or no.
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Apr 20, 2019 16:46
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Mr. Nice! posted:I submitted my first attempt at a class certification order today. If the judge signs it without edits, should I use that as a writing sample? I’m building a portfolio in the hopes that sometime later this year or next I can move out of florida and go somewhere I can actually get paid. Is it an agreed class or a contested class, and are you moving for class certification or just submitting the agreed class order? I haven’t done a lot of class work, but if i saw an agreed order as a writing sample I’d assume that a lot more people than you have had input on it. If it’s a contest motion for class cert, it’d depend on the class but that would show you were given responsibility over a major motion in actual litigation
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Apr 20, 2019 16:55
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EwokEntourage posted:Is it an agreed class or a contested class, and are you moving for class certification or just submitting the agreed class order? It’s contested by defendants and plaintiff intervenors. It’s a battling order paired off against the other two. Florida orders require specific findings of fact. Judge asked us for 5 pages, but couldn’t get it under 7 because of the half page caption and the full page actual order following the findings of fact. I’ve penned dozens of non-contested orders, but those are trivial and basic. This class cert order was actually some work. We’ve got everything as specified by the state supreme court in 2011, and was able to address every defense/intervenor argument. I think it’s worth keeping if it comes out signed in my exact language. Am I wrong?
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Apr 20, 2019 17:06
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nm posted:Even if it isn't that, excess anxiety and stress without adequate rest is going to gently caress your health up long term. I gotta start working out more and stop dumping salt on all my food and drinking liters of coffee a day. Blugh
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Apr 20, 2019 18:12
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Mr. Nice! posted:It’s contested by defendants and plaintiff intervenors. It’s a battling order paired off against the other two. Florida orders require specific findings of fact. Judge asked us for 5 pages, but couldn’t get it under 7 because of the half page caption and the full page actual order following the findings of fact. If it gets entered I would definitely keep it, and I’d keep it for sure if you’re applying to plaintiff firms especially if they’re class action plaintiffs. Anything contested you win on is good (as long as the other side has a legitimate challenge and it’s not some pro se bs). Try to get some motions on expert witnesses, either trying to strike them or opposing striking them. Those can make or break cases and they can be good writing samples regardless if you’re applying for plaintiff or defense jobs, and a lot of young lawyers might not have any experience in it so you might stand out. Summary judgments on liability and appellate briefs as well, but those are obviously good samples for anyone.
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Apr 20, 2019 22:22
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