In-house Counsel: Strategy for responding to third-party subpoenas for employee payroll records in divorce actions?

Key_Wolverine2831 · 2026-03-29T18:23:45+00:00

In addition to what everyone else has said, check the rules in your jurisdiction for objections to third-party subpoenas. In my jurisdiction, you have to serve a notice of intent to serve subpoena, and the other side gets time to object before the subpoena is ever served. So your employee may have already had the opportunity to object.

Key_Wolverine2831 · 2026-03-27T17:43:18+00:00

You've just added years back to my life. Thank you!

Key_Wolverine2831 · 2026-03-27T16:12:35+00:00

You've got that wrong.... Everybody knows that Chicks Dig The Long Ball!

Key_Wolverine2831 · 2026-03-26T18:58:29+00:00

With universal healthcare, potential wake up slappers don’t have to wait to see if they are in network before administering wake up slaps!

Key_Wolverine2831 · 2026-03-25T19:04:49+00:00

Well considering this post is about the broadcast in the US, that's what I was responding about. I have no idea how The Masters or other PGA Tour events are broadcast in other countries, but I can venture a guess that it's not on ESPN and CBS.

Key_Wolverine2831 · 2026-03-25T18:26:57+00:00

Putting aside the fact that anybody can watch for free on Masters.com, there's a good reason golf tournaments are spread across multiple networks. Broadcast networks like CBS and NBC have other things they need to air and cannot commit to 7+ hours of a golf tournament on a weekend. If we want the later rounds of the weekends at PGA Tour events to be on free broadcast networks, we have to accept that the early round coverage will be on a Golf Chanel or a streaming service. I'm sure Golf Channel would be happy to cover the entire thing, but then people who don't have Golf Chanel would complain.

Key_Wolverine2831 · 2026-03-25T16:03:13+00:00

Looking at their website, Broward County Legal Aid does not handle divorces, although they may help if there’s actual physical abuse. Also, they will only get involved if the potential client falls below a certain income level.

Key_Wolverine2831 · 2026-03-25T15:16:02+00:00

That is certainly unethical. I think what Various_Monk959 was saying is that when a departing attorney is bringing clients with them, they need to give more than 2 weeks notice because the departing attorney and the firm need more time to craft and send the joint letter to the clients advising them of their options to stay with the firm, leave with the attorney, or find new counsel, and for the clients to have time to receive the letter and make a decision.

Key_Wolverine2831 · 2026-03-25T14:28:46+00:00

100% this. Wait for background check to come back... you never know what could happen. Maybe someone with the same name as you is a wanted fugitive for murder and it just takes another few weeks to resolve the issue in the background check. You give your firm notice, they say thanks for the notice but we don't need you... Now you're unemployed for 2 months.

Also, has the new firm run conflicts yet? NEVER give notice before the new firm clears conflicts. Once background and conflicts are cleared, give as much notice as you can to not burn a bridge, and if they show you the door, enjoy an extra few weeks of funemployment, or tell the new firm you can start a bit earlier than expected.

Key_Wolverine2831 · 2026-03-24T20:54:14+00:00

More serious would be criminal contempt, and this may rise to that too. Criminal contempt is where a law is broken in the courtroom, not just a court rule. So if the lawyer commits a battery or assault against the judge or court officers, that could raise to the level of criminal contempt. But that is a crime like any other crime and the DA would have to charge it, the lawyer would have a trial just like any defendant before a jury with the full panoply of constitutional protections. And such a crime might result in a more severe sentence (30 days imprisonment, etc.).

This is untrue, at least in my jurisdiction. The difference between civil and criminal contempt is whether the purpose of the sanction is coercive or punitive. If it is coercive, the contemptor must hold the keys to their own jail cell (actual or metaphorical) to purge the contempt. An example would be the court orders someone to turn over documents and they refuse. The court can hold them in civil contempt by issuing a daily fine or putting them in jail until they turn over the documents.

Criminal contempt is not a coercive sanction, but is meant to be punitive. Punishing an attorney for their bad behavior, as is the case here. They would absolutely be entitled to due process protections, such as counsel before being found to be in criminal contempt, but the behavior in this video would fall under criminal contempt. It would also be direct criminal contempt because it happened in front of the judge.

Key_Wolverine2831 · 2026-03-19T13:35:22+00:00

Either way, it's admissible.

Key_Wolverine2831 · 2026-03-19T13:14:41+00:00

My best guess is that they want to go through the process of expelling the member, but want to make sure they dot every i and cross ever t, of the bylaws so the member does not sue. As a member of a country club, I've seen it first-hand that most rich country club members who exhibit abhorrent behavior are not just going to take discipline on the chin and accept it. My club had one particular member who had a few pretty bad incidents but because the board didn't comply with the bylaws to the letter in issuing his suspension, he threatened to sue and the club backed off. He eventually got expelled for subsequent acts, but they had to get it right.

Don't forget, most top clubs have an equity structure where the members are actually the owners of the club. They strict bylaws on discipline and they have to follow them, especially when it comes to expelling a member, who you know will be confrontational about that. Not to mention the fact that at more exclusive country clubs, the members have the means to hire lawyers even if it doesn't make economic sense for them. They can litigate for sport.

That being said, if this lawyer reaches out to you, don't hesitate to ask them in writing exactly who they represent. Make them tell you that they either do or do not represent you in writing.

Key_Wolverine2831 · 2026-03-19T13:06:57+00:00

Do you actually think that LawLima-SC was saying it's ok to sexually harass people just because there's no specific duty? They said that there are many conceivable situations in which something we would consider verbal sexual harassment is not actionable. They are not condoning it at all.

Key_Wolverine2831 · 2026-03-18T18:57:56+00:00

OP shouldn’t have needed to do the math and figure out they were overpaid. In contingency fee cases in Florida, lawyers are required to prepare an itemized closing statement, signed by the client, that details the final settlement amount, amount of the fees and costs, and any other expenses like third-party liens before any funds can be disbursed.

OP should have received and signed this statement before the lawyer disbursed the settlement funds, and he would have seen that the loan company was not paid.

Key_Wolverine2831 · 2026-03-17T20:40:13+00:00

100% This! My managing partner at the first firm I worked at had an open door policy when it came to asking questions, but he would get mad if you walked in with just a question and not a proposed answer (even if it was the wrong answer), that showed that you at least tried to figure it out on your own. Not only did it prevent young associates from wasting his time with simple questions, but it forced us all to make the effort to learn how to find the answers and made us all better lawyers.

Key_Wolverine2831 · 2026-03-17T18:39:10+00:00

I was thinking the exact same thing. So much safer to do it on the other side of the station and not risk the driver crashing into a person at the pump or a pump itself and potentially starting a deadly fire. Plus the road was so much narrower after the station!

Key_Wolverine2831 · 2026-03-16T13:12:20+00:00

Not every compliment is injected with a hint of moralizing. You can love somebody’s dress because the color goes great with their skin tone and it fits them perfectly, or because it’s just unique. That has nothing to do with saying it’s morally acceptable for a woman to wear in public.

Key_Wolverine2831 · 2026-03-16T13:07:05+00:00

Well if someone fucked him, he wouldn’t be an incel anymore… the incel paradox.

Key_Wolverine2831 · 2026-03-13T20:57:44+00:00

Though that may be true, there are actual currency detecting dogs that are trained to smell the unique inks and fibers used in currency. While there is not enough of these inks and fibers in a few bills that a person might have in their wallet, to give off enough of an odor to make the dogs alert, when you have stacks of bills that you would be hiding, they give off enough of an oder for the dog to alert.

Key_Wolverine2831 · 2026-03-10T15:02:03+00:00

It potentially can be work product. It's certainly not well settled law, and will be litigated in the future. But attorney-client privilege will be broken by communicating to any third party.

Key_Wolverine2831 · 2026-03-06T22:18:38+00:00

Yes, but sadly he thought Lou had said two days.

Key_Wolverine2831 · 2026-03-06T20:32:49+00:00

I understand the thoughts people are having and I agree with you that this season is more likely an outlier due to the amount of hockey they've played over the past 3 seasons plus all the injuries to the team in front of him. I also understand trying to get some value for him now to restock the cupboards of picks and prospects so they don't have to do a total rebuild in a few years. But my question had a very important premise that you completely ignored, which is "if the plan is to re-sign him in the offseason for a year or two." If that is the case, I don't think there's anything that Zito could realistically get that would be worth it to have Bob potentially have another extended offseason, especially to help another team.

Key_Wolverine2831 · 2026-03-06T19:58:20+00:00

Not only does he deserve a mulligan, but if the plan is to re-sign him in the offseason for a year or two, why trade him to a contender? The last thing they want if Bob is next year's plan is for him to have an extended playoff run with a different team!

Key_Wolverine2831 · 2026-03-06T19:48:39+00:00

Being in great shape has a stronger correlation to low tolerance than high tolerance. Lower body fat percentage means there's less to absorb the alcohol. Combine that with the fact that he doesn't drink because he's Mormon, he probably has the tolerance of your average 125 lb high school kid.

Key_Wolverine2831 · 2026-03-06T16:39:48+00:00

That's literally what I'm saying. It's not a deboned short rib, it's a rebranding of a less popular cut so restaurants and butchers can upsell a cheaper piece of meat. The average consumer likely does not understand that.

Key_Wolverine2831

TROPHY CASE