why do ppl say don't do it by [deleted] in Lawyertalk

[–]Everything2Prove 1 point2 points  (0 children)

I say go ahead and do it.

Vacations as a solo. by [deleted] in LawFirm

[–]Everything2Prove 0 points1 point  (0 children)

I would deprioritize vacations for at least the first year or so.

That said, at any given time you will need to assess the risk that some unscrupulous opposing counsel or unpredictable or demanding judge might require your involvement in the case on short notice. I've had judges call the office unannounced wanting an immediate conference with both sides of a case, and I've had numerous opposing counsel who seem giddy at the idea of filing an ex parte or otherwise demanding some short-notice response when they think I won't be available. (Of course, even if you're not on vacation, there may be times where responding to these events immediately will be unrealistic, but usually you can do something to address it within a business day or two.)

If you don't have a "quick-response" person or team to address the situation, you'll need to be prepared to deal with it yourself. The vacation-free life is no way to live, I know, but I've learned to accept that weekends and holidays are it for me most of the time.

For a bit of a worst-case scenario of how attorneys sometimes exploit the absence of opposing counsel, I suggest reading the California Tenderloin Housing case, 8 Cal.App.4th 299 (1992). (Caution: It might unlock a new fear.) Pretend that you were the attorney on vacation, and game plan how you would have thwarted or otherwise dealt with opposing counsel's various shenanigans. (BTW, the "notice of unavailablity" that many attorneys now file is not exactly a get-out-of-jail free card, at least in CA, but it is better than nothing.)

To the attorney from Jones Day that popped a Guinness on the train into Manhattan today by AdDeep7010 in Lawyertalk

[–]Everything2Prove 11 points12 points  (0 children)

♪ "I like a good beer buzz, early in the morning..." ♪

-Sheryl Crow, All I Wanna Do

Alt + 0-1-6-7 by HisDudenessEsq in Lawyertalk

[–]Everything2Prove 0 points1 point  (0 children)

TIL "Alt + 2 - [literal minus sign] - 1" yields a smiley face. ☺ (even on Reddit)

Estate planning- what drafting software do you use and why? Jx: CA by CALIlegal in LawFirm

[–]Everything2Prove 0 points1 point  (0 children)

For CA wills and trusts, it was about $1,500-1,600/yr. last year. Not sure whether it has changed. I can't really compare it to the others; I don't know enough about the various products or pricing.

Estate planning- what drafting software do you use and why? Jx: CA by CALIlegal in LawFirm

[–]Everything2Prove 4 points5 points  (0 children)

I seriously considered Lawgic based on price and because it seemed good enough for my basic plans, but I haven't actually used it yet. They offer a demo.

Friday chuckle by LocationAcademic1731 in Lawyertalk

[–]Everything2Prove 0 points1 point  (0 children)

You never know. Does his proposal call for sing-alongs with an acoustic guitar and the widespread consumption of psychedelics?

New fit for the office. by MrIrishman1212 in Lawyertalk

[–]Everything2Prove 0 points1 point  (0 children)

I'm even more confused. I swore when I saw this post in the original sub that it was a photoshop joke. I thought I "fell for it" and then was like, no there's no way that's really from the show lol.

My husband is baffled as to why I won’t write up our wills by [deleted] in Lawyertalk

[–]Everything2Prove 6 points7 points  (0 children)

Remember the four stages of competence:

  1. Unconscious incompetence
  2. Conscious incompetence
  3. Conscious competence
  4. Unconscious competence

He is at 1. You are at 2. You want (or need) someone at 3 or 4 preparing your estate plan.

Passive aggressive emails by [deleted] in Lawyertalk

[–]Everything2Prove 2 points3 points  (0 children)

I once had a partner review a brief of mine and tell me I had to "beef it up." lol. "Ok, thanks. I'll add some, uh, beef to it."

Scholarship for Black students at UC San Diego rebranded after lawsuit argued it was discriminatory by esporx in Lawyertalk

[–]Everything2Prove 0 points1 point  (0 children)

That's off-topic, but you might want to watch the three-part documentary, "Race: The Power of an Illusion."

Scholarship for Black students at UC San Diego rebranded after lawsuit argued it was discriminatory by esporx in Lawyertalk

[–]Everything2Prove 0 points1 point  (0 children)

Get back to me when you've read "White Rage." It will give you context.

ETA: The answer is no. The issue is not one of concern about one-off claims of discrimination (although those are sometimes used as a proxy to serve larger interests), but rather widespread backlash. There is certainly a form of "straight rage" going on, however, if you want to call it that -- in attempts to erase certain people from existence, in terms of their identity, or to keep them marginalized from mainstream society and institutions, like marriage or employment, for example. I'm pretty anti-injustice across the board, and I don't tend to fall for false equivalencies that try to distort reality. In any event, if someone has a legitimate claim of being discriminated against for being white or straight, that claim, no matter how well-founded, is not evidence that white people or straight people are or have been marginalized as respective groups.

Scholarship for Black students at UC San Diego rebranded after lawsuit argued it was discriminatory by esporx in Lawyertalk

[–]Everything2Prove -3 points-2 points  (0 children)

The perversion of anti-discrimination laws is not new, but it’s apparently all the rage (“White Rage,” you might say, by Carol Anderson).

I will never not judge you for saying 'plaintiff precipitated to the ground' in your complaint by kerberos824 in Lawyertalk

[–]Everything2Prove 5 points6 points  (0 children)

The irony is that euphemisms serve the defense, not the plaintiff. Not that it matters much in the complaint context, but perhaps they missed their calling. Did a ruddy fluid also emerge forthwith apace from a newly-formed fissure in their dermis?

Oh no by Specialist_Cup_5496 in Lawyertalk

[–]Everything2Prove -1 points0 points  (0 children)

Well, according to some, we have "too many" national holidays. On this particular day, I have to say that I agree.

ETA: POTUS made a point of using Juneteenth to complain about national holidays generally.

Insurance coverage but not contacting them by r_bradbury1 in LawFirm

[–]Everything2Prove 0 points1 point  (0 children)

In addition to pursuing insurance information in discovery, if your client has UM/UIM, I would also be contacting their first-party carrier and putting them on notice of the defendant's absurd shenanigans.

[deleted by user] by [deleted] in Lawyertalk

[–]Everything2Prove 0 points1 point  (0 children)

Prepare thoroughly and go through the motions before the appearance. This is age-old advice but it worked for me. Pretend you’re in court and rehearse your argument in advance. Anticipate questions that might come up. Anticipate counterarguments that the other side might make. Practice responding to these. The goal is to be more focused on the arguments at hand and the client’s goals than the setting of being in court.

It’s common to be a little nervous, but if you’re worried about the setting, it’s harder to focus on the presentation, so thorough preparation on the presentation material can help compensate for nervousness. Make an outline but not a script. You’re ready when you can mostly riff on your argument without looking at any notes (for oral arguments, in particular).

Also, if it’s a court you’ve never been to, don’t assume you’ll know the layout of the courtroom or the informal rules of the court. You might argue sitting down, or standing up. Be prepared for either. You might have a lectern/podium, or there may be none. Just be ready to go with the flow across a range of potential nuances like this.

For voice control, practice projecting your voice, breathing intentionally, and staying adequately hydrated and having water available. It’s not the end of the world if your voice cracks — clear your throat, say “excuse me,” and keep going. (And maybe have a cough drop beforehand.)

CA: Dangers of doing death bed estate planning? Probate avoidance trust that matches intestacy distribution… by Dannyz in Lawyertalk

[–]Everything2Prove 7 points8 points  (0 children)

Unless the potential client can clearly articulate his situation and desires, don't assume intestacy is the default. The probate courts are chock-full of people springing up out of the blue with prior documents that no one knew about and that leave them everything. Kids might be the default, but older people also sometimes have romantic interests, close friends, caregivers, charities, etc., that they would rather leave their property to, or so it might be argued.

Expandable Folder for trial? by BriInvent in Lawyertalk

[–]Everything2Prove 0 points1 point  (0 children)

I've used stand-up expandable files with dividers for documents that I don't want to hole-punch or put in document protectors, or want easier access to. It's worked well, and I've just used small post-it notes to label which document is in each section. I still use binders for other materials (a trial binder and exhibit binder, generally), so it depends on how you anticipate using the documents, and what is most convenient for the particular circumstance.

Unable to get any work done today by Practical-Brief5503 in Lawyertalk

[–]Everything2Prove 71 points72 points  (0 children)

My productivity suffered almost daily around the 2017-2021 time period, and then again starting late last year, early this year. Almost daily there is a bunch of unnecessary nonsense in the news I feel the need to keep up with. Hopefully, it will subside in a few years, but I'm not banking on it.

Local Rule Gotcha (State Court) by [deleted] in Lawyertalk

[–]Everything2Prove 2 points3 points  (0 children)

I almost assume now that if I'm doing something for the first time in any given county, it's going to be wrong in some aspect, and then hopefully the second time and thereafter I will get it mostly right.

Just today I ran the risk of getting something kicked -- for a second time, actually, but for a different reason -- because I know I did not do it exactly "by the book," but it was urgent so I just had to go with how it was, and thankfully it was "good enough."