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Post by doctorquant on Apr 7, 2024 18:32:39 GMT
Yeah, I'm starting to think that litigation ain't exactly a good place for you anymore. I enjoy the actual mechanics of it. But the stakes, involving real companies and real people, is a really heavy burden for me. Oh, I could definitely see that.
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Post by YankeeFan on Apr 8, 2024 1:28:54 GMT
You have to learn to care less.
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Post by Whitman on Apr 8, 2024 12:34:48 GMT
You have to learn to care less. I agree, in principle, but that's tough for me. It's incredible how blind people are to seeing any possibility that someone might read something or see something differently than they do. Ninety percent of clients think that the case should be dismissed (or awarded) pretty much immediately upon filing. (Samples: "Can't we just submit an affidavit saying this didn't happen?" Or: "Can't the judge see from our Complaint what a shitty job they did? Why do we even need to go to court on this?") This goes for my opponents, too, by the way. We start trial tomorrow on a case that absolutely should settle, because the contract language and the facts are both a muddled disaster. The Judge denied summary judgment both ways, because he thinks the contract language is ambiguous and wants to hear more. (Opposing attorney told me that the judge "almost ruled for me, but wants to give you your day in court, I suppose." I have no idea how he read it that way. None.) And yet on a $6 million claim, their current demand is $4.9 million and our current offer is $2.1 million. Pure stubbornness.
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Post by Whitman on Apr 8, 2024 12:38:48 GMT
I think part of the problem is that I think the opposing attorney actually reviewed the contract before it was executed, and gave it his blessing. And so it's probably a tough spot for him right now to then tell his client, "Yeah, I can see why it might be read the other way."
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Post by Ridiculously Dull Bobby on Apr 8, 2024 12:49:37 GMT
It's incredible how blind people are to seeing any possibility that someone might read something or see something differently than they do. Ninety percent of clients think that the case should be dismissed (or awarded) pretty much immediately upon filing. Pretty similar to how doctors and nurses feel when a patient lectures them on what they read on Google.
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Post by Whitman on Apr 8, 2024 13:05:33 GMT
It's incredible how blind people are to seeing any possibility that someone might read something or see something differently than they do. Ninety percent of clients think that the case should be dismissed (or awarded) pretty much immediately upon filing. Pretty similar to how doctors and nurses feel when a patient lectures them on what they read on Google. I think that's a great comparison.
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Post by doctorquant on Apr 8, 2024 13:15:01 GMT
It's incredible how blind people are to seeing any possibility that someone might read something or see something differently than they do. Boy howdy ...
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Post by dirtybird on Apr 8, 2024 14:31:28 GMT
I agree, in principle, but that's tough for me. It's incredible how blind people are to seeing any possibility that someone might read something or see something differently than they do. Ninety percent of clients think that the case should be dismissed (or awarded) pretty much immediately upon filing. (Samples: "Can't we just submit an affidavit saying this didn't happen?" Or: "Can't the judge see from our Complaint what a shitty job they did? Why do we even need to go to court on this?") For the opponents, that feels like bluster and dipshittery. For the clients, I get it. If you're ready to shill out hundreds of dollars to start the process, you're probably the sort who very much believes they are right. But when you realize hundreds will very likely turn into five figures and stretch for more than a year, then you get real pissy and petulant, looking for that one trick that solves it. We don't do a great job in this country of giving people a sense of how long, grinding, expensive and unsatisfying the legal process is. So people think "I'm right, how much harder could this be?" (very). About a million years ago, I had a summer job in a hospital. Someone told me, "The folks you see here are probably in one of the worst moments of their lives. Two months ago, much happier. In two months, they'll be happier." But at the moment, they're stuck, life rhythms interrupted, dealing with a lot of things they can't control. I'd guess being in protracted litigation isn't that bad, but it's probably among the 10-15 most stressful/unpleasant things a lot of these folks have ever done.
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Post by Whitman on Apr 9, 2024 22:06:17 GMT
One day of trial down. Honestly, actual trial is somewhat fun. Preparing for trial, not so much.
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Post by Whitman on Apr 17, 2024 14:07:34 GMT
Back in the office today after six days of trial that were preceded by two days of attempted mediation in the same case. I handled the entire case, start to finish, by myself, including the trial. It was quite the experience.
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Post by Whitman on Apr 18, 2024 22:25:50 GMT
The one thing about the trial is that it was a contract dispute between two fairly sophisticated companies, my client in particular. (I received the referral from someone at my old big firm.) It was difficult, but refreshing. I’m struggling a lot right now with the nickel-and-dime, constantly grousing, individual and mom-and-pop clients we have. I don’t think a firm would bigger pocketed clients would ever even consider me at this point, but I also don’t know if I can keep on keeping on being bitched at for a $400 deposition transcript or about normal discovery timetables. I’m exhausted by it.
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Post by Whitman on Apr 18, 2024 22:30:00 GMT
I also got bitched out today for a key deposition taking too long.
“Elon Musk’s deposition was only three hours. I’m just saying.”
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Post by Whitman on Apr 26, 2024 20:47:47 GMT
I have a client I should have never taken on - was referred for an appeal - who is going to lose her house if she doesn't post an appellate bond by today. I have been begging her to do this for four months. She told me it was done two weeks ago. Apparently, it wasn't done. Every email she writes, she brings up my fees. "I promise I'll get you your money."
Me: "I don't care about my money. Post the bond."
Today, me: "You need to post this bond today, or you are going to get kicked out of your house.
(Silence until 3:30 p.m.)
"What time are you open so I can come in and pay my bill?"
I fucking give up with people.
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Post by doctorquant on May 5, 2024 23:47:22 GMT
Got triggered this morning in a special parish meeting at church. We, the eligible-to-vote members, were there to consider a single amendment to the church's bylaws that would allow the vestry to, at its discretion, borrow up to a loan-to-value of 125% of the church's real property. That was it. The rules of the meeting, duly agreed to by 2/3rds of the voters at the outset of the meeting, limited debate/discussion to the actual amendment under consideration.
First comment from the floor when debate/discussion was opened: "I have more of a comment about a broader question ..."
Fortunately those running the meeting had the foresight to appoint an honest-to-God parliamentarian, and after about 10 minutes of such inanities, when I and a guy in front of me almost simultaneously moved to call the question, the parliamentarian had leeway to shut the dingbat crusade up.
I felt as if I'd been sucked into some time warp and was back at a faculty senate meeting.
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Post by Whitman on May 14, 2024 15:12:52 GMT
I may have discussed it here, but I have an individual client. I took her appeal of a tax deed foreclosure on her home, and that appeal is not going well, to say the least. She was ordered to post an appeal bond with the court to prevent eviction. She tells me she's doing it. Doesn't do it. Then bitches and moans how it's unfair. Rinse and repeat.
The other side finally filed for an eviction order, which they received.
Her email to me when it was posted: "Which side u on?"
I'm also trying to convince her to find a way to buy back the home. She was about to last summer, but didn't get financing. She signed a purchase agreement - which they are still willing to honor - which states that here $16,000 in earnest money deposit is non-refundable if the sale were to fall through. It says it like five times, in no uncertain terms.
She keeps telling me that she didn't agree to that, or she was "scammed" into doing so.
I literally have no fucking idea what to do at this point. She simply does not listen to me, no matter what.
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