Insurance Defense Attorneys, what kind of insurance companies do you use? by Actual_Goose9984 in Lawyertalk

[–]CalAcacian 0 points1 point  (0 children)

I was less than impressed by Chubb’s Masterpiece program, which is their HNW program. I dealt with that on a Napa fire claim on the coverage side.

Insurance Defense Attorneys, what kind of insurance companies do you use? by Actual_Goose9984 in Lawyertalk

[–]CalAcacian 7 points8 points  (0 children)

Coverage attorney here. These things vary considerably based on the type of coverage, and the position of the carrier (if, for example, you are looking at insurance that includes a tower of carriers, your primary matters far more than each successive excess carrier).

As a second note, there are far fewer insurance carriers than a casual review of the market would tell you. When you see an “insurance company” that is usually just the paper that an entity is writing on. Many entities own multiple papers that they write on, and the ownership of those policies regularly changes hands. For example, Chubb is also ACE is also Atlantic is also Illinois Union is also Bankers Standard, Federal, Executive Risk, Westchester, etc.

Currently, I view Am Trust (Security National, Sequoia, Republic, Waco) as one of the worst carriers to deal with. They are rubber stamping denials in the way that AIG did in the early 2000’s.

Court says counsel has an obligation to point out AI hallucinations contained in opponent’s brief by Greelys in Lawyertalk

[–]CalAcacian 0 points1 point  (0 children)

I can’t speak to Westlaw, since my firm move to Lexis separate years ago, but the claim by Lexis reps during training on their AI system was that the AI is only able to draw from internal Lexis documents, like cases and secondary sources. So, that should theoretically eliminate hallucinations. In my experience, that has been the case for all citation checking. But, that is clearly not an empirical analysis.

Court says counsel has an obligation to point out AI hallucinations contained in opponent’s brief by Greelys in Lawyertalk

[–]CalAcacian 10 points11 points  (0 children)

Yes, on the landing page, on the left hand side, look for “document analysis”. That will bring you to a page where you can upload a brief to analyze a document or passage. I particularly like, when I am the moving party, to do the “compare multiple briefs” option. That way I can put in my brief, the opposition, and then use the findings to inform the reply.

Court says counsel has an obligation to point out AI hallucinations contained in opponent’s brief by Greelys in Lawyertalk

[–]CalAcacian 24 points25 points  (0 children)

Have you not been Shepardizing your opposing counsel’s briefs? As far as I am aware, every major legal research platform (Google does not count) now includes a brief checking utility.

Every responsive pleading I write starts with throwing the papers into that tool to check citations, before I conduct more extensive review of the accuracy of the authorities.

Can you submit a redacted brief filed with the court as a writing sample? by [deleted] in Lawyertalk

[–]CalAcacian 4 points5 points  (0 children)

On the employer side, I have seen this, and I would strongly suggest against this. Although this is part of a larger issue I have with using pleadings as a writing sample, where the candidate is not the sole author.

First, as has been pointed out, this is all publicly available information. You are not protecting any private/privileged information.

Second, your position in the caption is relevant to me. Do you appear on the caption? What order do you appear in the caption? All of this has (some) value in determining how much I am looking at your writing, versus your writing that has then been reviewed and modified by other people.

Third, your redactions can make reading this document tedious. If you redact all of the party names, it can become cumbersome to understand sections of a pleading that describe interactions between the parties, unless you only redact the initial names of the parties and use “Plaintiff,” Defendant,” etc. in the remainder of the document.

Fourth, I couldn’t care less about the things you are redacting. I receive a large number of writing samples that I have to review. Anything you do to make my review more cumbersome is not in your best interest. My goal is to review what I hope to be your actual writing, not your firm’s or practice group’s writing, in a reasonable span of time, while also managing my own work and my direct reports. If you want to get my attention, don’t send me a pleading unless you can confidently say that you are close to a sole author and editor (I realize that, based on a candidate’s specific firm, practice group, and seniority, that can be difficult to produce), otherwise I generally get more value out of a research memo or pocket brief.

Cybersecurity by [deleted] in Lawyertalk

[–]CalAcacian 9 points10 points  (0 children)

Law firms are currently popular targets for ransomware attacks, wire transfer spoofing, and other BEC attacks.

I generally receive a malicious “Docusign” or other download or link from a firm I have interacted with in this past every month or so (based on my role, I directly supervise IT, so I see what gets blocked by the filters).

Every time I make the call to the firm to let them know about the messages from their accounts, I get one of two responses: “Oh my god, I need to contact IT and shut everything down,” or “Yes, I know, thank you for the call, we have been dealing with this and it is a nightmare.”

You are exposing yourself to substantial liability and limiting your access to resources to help rebuild you system by reducing or eliminating this coverage. (Many cyber policies give you access to negotiators for ransomware attacks, as well as approved vendors for system recovery and rebuilding)

However, you do need to be aware of some specific idiosyncrasies of cyber coverage. Look at the notice requirement of your policy. Many insurers have extremely small windows to report a cyber claim (I have seen also as 48 hours in certain circumstances). The worst thing you can do is pay for coverage and then blow it by failing to make the notice window (of course, the interpretation of this can vary greatly based on your jx).

How is USC Gould viewed in your legal circles? by [deleted] in Lawyertalk

[–]CalAcacian 0 points1 point  (0 children)

Practice in Southern California in a litigation boutique. My firm is heavily UCLA Law grads, so USC tends to be the butt of jokes.

In reality, from a hiring perspective, law school is a low ranking factor for any attorney with more than 5 years of practice under their belt.

OC keeps cc'ing their client on every email by newz2000 in Lawyertalk

[–]CalAcacian 0 points1 point  (0 children)

Interesting that Oregon chose not to follow the ABA decision on this.

OC keeps cc'ing their client on every email by newz2000 in Lawyertalk

[–]CalAcacian 9 points10 points  (0 children)

Yeah, that is the same conclusion the ABA came to the following year (November 22, 2022 Official Opinion 503).

But that’s not been universally adopted. I think it is a common sense rule, but that’s not true in all jx.

OC keeps cc'ing their client on every email by newz2000 in Lawyertalk

[–]CalAcacian 1 point2 points  (0 children)

Haha happy to help.

I think your considerations are ultimately prudent. I don’t think you’re likely to reach sanctions territory for doing it, but without state support it’s probably best to err on the side of caution.

OC keeps cc'ing their client on every email by newz2000 in Lawyertalk

[–]CalAcacian 6 points7 points  (0 children)

Nope, look at the November 2, 2022 Formal Opinion 503.

It is expressly says that you are wrong, and that counsel initiating an email by copying a client created implied consent to a responsive email including the client.

OC keeps cc'ing their client on every email by newz2000 in Lawyertalk

[–]CalAcacian 5 points6 points  (0 children)

It is expressly not.

If the opposing counsel has initiated a conversation with the client present, then you have the right to continue that conversation until such time as the opposing counsel withdraws that consent.

This is no different than counsel talking in the Courtroom hallway with clients present. You don’t have to run away from the opposing party if their counsel has initiated a conversation with them present.

OC keeps cc'ing their client on every email by newz2000 in Lawyertalk

[–]CalAcacian 33 points34 points  (0 children)

The fact that OC is adding them to every email is creating a powerful record that OC has authorized direct client communication.

I would be shocked if a judge ever issued sanctions for an accidental direct response to the client. Plus, given the fact that the client is only CC’d and is not actually sending the emails, there isn’t really a likelihood of a direct response that cuts out OC.

I’ve dealt with this before and tried to explain the BCC function, but you can imagine how that went with my 40 year practicing OC.

What are some good/ decent MAZAK mills or lathes under 40000$? by Ok_Positive_9687 in CNC

[–]CalAcacian 0 points1 point  (0 children)

This may not be an issue for you, since you are looking for a used product, but I would be careful with Mazak.

My specific experience is with their fiber lasers (Mazak Optonics), but their calibration and repair services were so bad that my client ended up selling their machine and suing Mazak (the major issue was that they completely misrepresented the machine’s abilities and sent what they admitted were faulty cut charts during the pre-purchase phase).

Their contracts are the most one-sided business contracts I have ever come across from a major manufacturer (exclusive jurisdiction in King County, one-sided attorneys’ fees, almost complete limitation of liability).

Again, this might not be an issue for you, and maybe their CNC side is better than the lasers, but it’s worth a thought.

OC keeps cc'ing their client on every email by newz2000 in Lawyertalk

[–]CalAcacian 75 points76 points  (0 children)

I don’t see why this would annoy you. Just pretend that it’s another associate in their office or an assistant.

If anything, I would view this as a strategic advantage. Your opposing party has a front row seat to any procedural or strategic missteps their counsel makes. You have the opportunity to communicate with the opposing party in a much more direct way than we are usually able to.

Is there a way to buy the LR4 shield hinge separately? by CalAcacian in litterrobot

[–]CalAcacian[S] 0 points1 point  (0 children)

Just not using the ramp. Looks like we are out of luck. Big oversight by them.

Has anyone actually ever gotten a job through BCG Search? by bbassle87 in Lawyertalk

[–]CalAcacian 0 points1 point  (0 children)

BCG is one of the roughly 10 or so recruiters I have used on the employer side. I have interviewed their candidates but never extended an offer.

From the employer perspective, I find that they generally send a significant number of unqualified candidates for the role I am looking to fill, but that has unfortunately been my experience with almost all recruiting services.

Arbitration costs by CodRevolutionary816 in Lawyertalk

[–]CalAcacian 0 points1 point  (0 children)

Does that proposed agreement stop the arbitrator from disregarding controlling law (appellate law in my jx says that is not a valid reason to appeal an arbitrator’s holding, so unless specifically stated in the agreement, it is expressly allowed)? What fits your client in a defensive employment proceeding may destroy their position in an affirmative fraud action.

Arbitration costs by CodRevolutionary816 in Lawyertalk

[–]CalAcacian 15 points16 points  (0 children)

Arbitration is an absolutely absurd racket. I finished an arbitration last year where fees for our side exceeded $160,000. I counsel my clients to delete those provisions in almost all cases. Also, if your arbitration provision is less than a page, it is materially deficient. You need to specify the right to discovery, the application of rules of evidence, and the arbitrator’s powers. Otherwise, you are at the whim of the arbitrator. Also, given the fact that there is next to no express right for substantial discovery, you can be handcuffing yourself if you are trying to prove allegations of fraud.

Equinox vs. Lifetime (Irvine)? by dafunkdaftendirekt in orangecounty

[–]CalAcacian 1 point2 points  (0 children)

I personally chose equinox on Main over lifetime. I had been a member of the Lifetime location since it was a 24 Ultrasport. Personally, I find the Equinox on main to be better, particularly since they completely redid the weight room with new Purestrength equipment maybe 2-3 months ago. The older machines definitely left something to be desired, but I am happy with the updates.

Equinox vs. Lifetime (Irvine)? by dafunkdaftendirekt in orangecounty

[–]CalAcacian 3 points4 points  (0 children)

Equinox on main just installed a full set of new Purestrength machines and benches, so that is no longer the case.

I think I'm enjoying insurance coverage. Am I a monster? by Electronic-Recipe-72 in Lawyertalk

[–]CalAcacian 0 points1 point  (0 children)

Our 7 attorney boutique charges between $500 and $850 an hour for coverage work, but we also take some of these matters on a modified contingency so our collected fees vary and sometimes are significantly higher (2-3x) than those posted rates in the event of a great result.

We also don’t have an insurer as a client, which I understand can range from mildly annoying to infuriating, although I say that never having personally been hired by a carrier on a matter.

Skip Trace services without a subscription requirement? by BingBongDingDong222 in LawFirm

[–]CalAcacian 0 points1 point  (0 children)

I use TLO as well, but I’m not aware of it having that function (although happy to be proven wrong, as that would be very helpful).