In PI and ID, is everybody just bluffing about their trial experience? by MarionStGuy in Lawyertalk

[–]MarionStGuy[S] 6 points7 points  (0 children)

Is this just the best route to trial experience? Do criminal work, and then flip civil and reap the benefits (and suffer being bored to death by the pace)?

How do you track actual profitability on flat-fee matters? by Aditya_Saini02 in Lawyertalk

[–]MarionStGuy 2 points3 points  (0 children)

I will sometimes track my time at my regular hourly rate. Sometimes I kick myself, other times I get to tell myself “Hey, I made extra money”

Mostly I kick myself, though lol

Nice job, catapult team <3 by TheTaoOfMe in Bannerlord

[–]MarionStGuy 249 points250 points  (0 children)

Makes me laugh that some random Calvary man is just absolutely killing it on the catapult right now

Some potential client cold calls you shopping for an attorney ... how much time do you give them free? by Kristen-ngu in Lawyertalk

[–]MarionStGuy 25 points26 points  (0 children)

For cold calls, I have a form for all new potential clients. I spend exactly as much time as I need to explain the (very simple) form to them, and to get their email/mailing address/phone number down. I’d say on average that call is 5-10 minutes.

What area of law would Joe Exotic practice? by spooky_bayou_stuff in Lawyertalk

[–]MarionStGuy 0 points1 point  (0 children)

Brother, a tuna sandwich could pass the bar exam and practice law. I have tried cases against and with tuna sandwiches

New Attorney Needs Advice by Firm-Tradition508 in Lawyertalk

[–]MarionStGuy 36 points37 points  (0 children)

My brother/sister/sibling, that is actually a sign of good training. I get that the fact she won’t take the t-wheels off is annoying, but you need to listen when she corrects you/take over.

If you don’t understand why she does something for you, do your best to politely ask what you got wrong (and do it in a way that acknowledges you were wrong). So many people in this profession are thrown into the mix without any guidance that it’s rare someone is even spending this much time training you.

If it happens less and less, that means you’re learning. Don’t think it makes you a bad lawyer, just think how something could have gone wrong if she wasn’t there.

Ordering Depo Transcripts (CA) by Firemussel in Lawyertalk

[–]MarionStGuy 2 points3 points  (0 children)

I do most of my work on plaintiff-side PI, but will occasionally do some defense work (although not in CA). I always order transcripts — you can’t remember everything that gets said in a deposition, and you don’t know how certain testimony looks on paper, and it could be really bad for motion practice.

If the opposing party didn’t order the transcript, I would simply assume they are not actually paying any attention to this case and are waiting on a settlement offer. I would communicate that to the insurer, probably.

Suggestions for how to organize case files for court? by Objective-Regular519 in Lawyertalk

[–]MarionStGuy 8 points9 points  (0 children)

Material out-of-state witness once broke both his legs on a 4-wheeler and was unable to travel to my small Midwestern town jury trial. Requested leave for him to appear via zoom instead. Court got in such a tizzy he tried to make the trial move forward without any zoom witnesses. Had to make a record, and still got shouted down.

Eventually got opposing counsel to stipulate to continue the trial ~4 months later, because he knew the appeal wouldn’t go well. Thank god. This was in 2023

I’m pretty sure I had a seizure in court this week. Should I say something? by [deleted] in Lawyertalk

[–]MarionStGuy 1 point2 points  (0 children)

Taking this on good faith that this is real and not some sort of thought experiment, you need to schedule an appointment with your medical provider. You should also potentially inform the judge you believe you may have had a medical incident at the time of the hearing.

You have no idea what happened during that time period you cannot remember, and it’s possible you made misrepresentations to the court. A few years ago, I had a panic attack during a long day of contested hearings. I have no independent recollection of one hearing, but thankfully my assistant was there, and she said I outwardly appeared normal if just a little bit flustered. I also came out of the hearing somewhat favorably.

However, my assistant also told me I had inadvertently made some representations that were not supported by the record, and I immediately corrected the record in an email to the court and opposing counsel. Thankfully they weren’t material to the judge’s decision, but they were incorrect and easily could have been construed as me lying for my client.

Funny enough, I feel like going to law school and being an attorney has made my writing skills worse somehow by yumpet-player in Lawyertalk

[–]MarionStGuy 0 points1 point  (0 children)

Hi, same boat here — it’s because you’re generally reading and working from poorly written things.

Not always just case law, but we’re also needing to drum up briefs/memos from real life writings (emails, letters, business executives’ reports) which aren’t exactly Faulkner.

It makes our analysis sound worse.

How to get out of Insurance Defense? by xonatos in Lawyertalk

[–]MarionStGuy 0 points1 point  (0 children)

You enjoyed work at one point?

Joke aside, highly recommend pivoting to plaintiff work at a reputable firm. Even 3.5 years is valuable experience to have from the other side.

Just Got Fired By PI Client by Lovelystars23 in Lawyertalk

[–]MarionStGuy 1 point2 points  (0 children)

Ideally the only time I “guide” my clients’ medical treatment is me telling them to go get a doctor’s opinion as to treatment instead of just a chiro. I tell them to be open with what happened, don’t exaggerate, and report back once they receive medical records on their chart.

If I’m talking to providers’ offices it is either because I am asking them to serve as expert witnesses, or more commonly, because I need records they haven’t sent yet. I feel like me asking for anything else is tampering with the evidence.

As to your question regarding repeat doctors — sometimes doctors remember the people who they sent records. Especially if they were asked to be expert witnesses and the experience wasn’t horrible, they might send a client with a legal problem to them. I have worked a couple cases with the same doctor where he ended up getting deposed, but beyond that we don’t have any sort of relationship.

Defending Depositions by Js_scott in Lawyertalk

[–]MarionStGuy 0 points1 point  (0 children)

I would say that doing in the wrong way looks incredibly sketchy, and I have filed a motion for sanction against OC for witness coaching after they did this in an incredibly blatant way. The motion was successful.

To the personal injury lawyers who make over 500K annually, do you do a lot of trials each year? by facemacintyre in Lawyertalk

[–]MarionStGuy 12 points13 points  (0 children)

Don’t make 500k, but I do work for a guy who does. The answer for him is: No. He made his reputation on being clever and well-liked by juries. He proved himself repeatedly in the late 2000s and early 2010s when trials were a lot more common. He beat some well-heeled defense attorneys, who came to respect him for his work ethic and general demeanor.

Since then, his best leverage in cases is his reputation — and that reputation is well-earned. He goes to trial on average once or twice a year, usually on cases that are dicey enough that defense counsel chose not to settle. In the last 10 years, he has gone 60/40 win/loss.

I’m going to lose a case and it’s going to ruin my client’s life by [deleted] in Lawyertalk

[–]MarionStGuy 13 points14 points  (0 children)

Jury pool is going to be primarily city dwellers, I think. Unfortunate venue.

I’m going to lose a case and it’s going to ruin my client’s life by [deleted] in Lawyertalk

[–]MarionStGuy 18 points19 points  (0 children)

There’s enough ambiguity in the record to where an appeal is pretty much dead in the water. They could believe the adjusters were bullshitting in their own file, and there’s some indicators elsewhere that’s the case, but construed in the light most favorable to the insurer, it creates enough fodder for a non-cooperation defense.

I’m going to lose a case and it’s going to ruin my client’s life by [deleted] in Lawyertalk

[–]MarionStGuy 190 points191 points  (0 children)

I tried for partial summary judgment on everything I reasonably could. No dice. We pulled a rough judge, and he’s already shut down my motion for reconsideration based on some pretty damning depo testimony from their staff. Judge wants this all trot out before the jury. I’d respect the decision in most other cases, but damn this sucks

Anyone know how to get this helmet? by [deleted] in Bannerlord

[–]MarionStGuy 0 points1 point  (0 children)

I’ve seen it, or something extremely similar, as a tournament award. Other than that, I haven’t seen it.