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joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

SlothBear posted:

What the gently caress.

Around here, the State also has a right to a preliminary hearing.

WTF indeed.

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blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

yronic heroism posted:

I assume a Texas jury isn’t too bad for the state unless it’s prosecuting someone for giving a toddler an AR-15 or w/e.

I've done about 10 civil (real) jury trials and about 10 misdemeanor (lol) jury trials and in my limited experience Texas juries are pretty diverse in terms of opinion and voire dire is more important than the make-up of your panel. The last big civil jury trial had like 5 young dudes on it and it was very anti-government which was good for us.

Its hard for me to get a good read on misdemeanor panels because a) I've never lost one b/c they're so easy and b) the people that ask for a jury trial over a speeding ticket only do it because they think the ticket will get dismissed if they do and are guilty as poo poo and the video is 100% clear as day, and like a dog that finally catches the mail truck, have no idea what to do when they actually get there.

The closest I've ever had was a young guy who "just wanted to see what it was like." who came in a suit and presented himself well, and even managed to cross examine the cop a little bit, but when the GPS speed on the cop's dash cam showed he had to go 92mph to pace with the guy to pull him over there's nothing you can do.

mikeraskol
May 3, 2006

Oh yeah. I was killing you.

Mr. Nice! posted:

Career office called me today because a class action firm needs someone and I fit the bill. Meeting with them thursday. Anyone do much class action litigation?

It's like 90% of what I do. Biglaw defense side, lots of securities class actions. PM me if you want to chat, happy to talk.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."
Is it a criminal trial? Then right to a jury.

And there is no state right to a jury.

There. Done.

How is this hard?

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

ActusRhesus posted:

Is it a criminal trial? Then right to a jury.

And there is no state right to a jury.

There. Done.

How is this hard?

You yankees can't stop coddling criminals, can you?

evilweasel
Aug 24, 2002

Vox Nihili posted:

That's grotesque.

that pretty much sums up any aspect of the texas legal system you can name

Nice piece of fish
Jan 29, 2008

Ultra Carp

ActusRhesus posted:

Is it a criminal trial? Then right to a jury.

And there is no state right to a jury.

There. Done.

How is this hard?

What is a "jury" what is this thing?

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.

mikeraskol posted:

It's like 90% of what I do. Biglaw defense side, lots of securities class actions. PM me if you want to chat, happy to talk.

Interview today went solid. The guy interviewing me was actually in a couple of my classes. He said that he would have offered to me on the spot but firm policy requires they interview three people.

Said that i’ll need to interview with the head of the firm in the next week or two and they’ll get with me about the rest of the process. The job isn’t full time starting, but I don’t mind part time if they’re paying me alright and not some bullshit $15/hr or something.

This is the most hopeful i’ve been following an interview.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

Nice piece of fish posted:

What is a "jury" what is this thing?

Well, in America we think the common man should at least believe he has some power in society, so you sometimes have the right to ask twelve average people who couldn’t get out of jury duty to make all factual determinations about your case (except they don’t get to hear all the facts because that might influence their decision).

sincx
Jul 13, 2012

furiously masturbating to anime titties

Mr. Nice! posted:

Interview today went solid. The guy interviewing me was actually in a couple of my classes. He said that he would have offered to me on the spot but firm policy requires they interview three people.

Said that i’ll need to interview with the head of the firm in the next week or two and they’ll get with me about the rest of the process. The job isn’t full time starting, but I don’t mind part time if they’re paying me alright and not some bullshit $15/hr or something.

This is the most hopeful i’ve been following an interview.

A part time legal job for an actual attorney sounds suspicious. Keep an eye out for the job to turn out to be all contract document review.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

Phil Moscowitz posted:

Well, in America we think the common man should at least believe he has some power in society, so you sometimes have the right to ask twelve average people who couldn’t get out of jury duty to make all factual determinations about your case (except they don’t get to hear all the facts because that might influence their decision).

Or people who want to do their civic duty. Here even a weak rear end attempt to get out of it will get you kicked.

Soothing Vapors
Mar 26, 2006

Associate Justice Lena "Kegels" Dunham: An uncool thought to have: 'is that guy walking in the dark behind me a rapist? Never mind, he's Asian.
the only moral reason to serve on a jury is to nullify that jury

incogneato
Jun 4, 2007

Zoom! Swish! Bang!
I'm forever sad that I have never once been called for jury duty. And I assume now, if I am called, I'd just be booted because I'm a lawyer. I unironically would love to be on a jury.

Maybe I'd feel differently if I actually did jury trials myself.

Meatbag Esq.
May 3, 2006

Hmm which internet meme should go here again?
The first few times I was called I had basically moved to a different city by the time they came looking for me. Now that I'm a little more settled, they called me for a week in california but my group number was never told to come to the courthouse.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

incogneato posted:

I'm forever sad that I have never once been called for jury duty. And I assume now, if I am called, I'd just be booted because I'm a lawyer. I unironically would love to be on a jury.

Maybe I'd feel differently if I actually did jury trials myself.

The only time I was ever called, I got empaneled, and immediately raised my hand and said "I'm an attorney" and got tossed.

Toona the Cat
Jun 9, 2004

The Greatest
I turned 18 in 1999 and haven’t ever received a summons. My 24 year old niece has served on 2.

G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider

CaptainScraps posted:

I had jury duty in the civil courthouse today.

The courthouse where I am four days out of the week. Every week.

So I get into the venire panel and I recognize Plaintiff's counsel. He was the guy I was told to watch to learn how to try cases seven years ago. I tell that to the Judge and the venire panel and he laughs.

And then, instead of trying for strikes, Plaintiff's counsel does his damned best to prime the jury pool. And I'm helping. Because every time he asks the easy questions, he has me hit the hard questions. Things like:

"Does anyone think these kinds of accidents preventable?"

*holds up card*

"Yes, Mr. Scraps?"

"Almost all of these accidents are preventable if the employer is willing to spend a few dollars insuring the safety of their employees instead of thinking about their bottom line."

And

"Why would an employee do something dangerous?"

*holds up card*

"Yes, Mr. Scraps?"

"Unequal bargaining power. The employee probably needs the job a lot more than the employer needs them."


Defense counsel was PISSED.

Fun fact, they ended up giving Plaintiff $500K for his injuries sustained from falling off a ladder.

I asked a different judge what should the lawyers have done and he said, "The defense counsel should have approached and asked the judge to send you home ASAP. It was worth wasting a peremptory strike to have that poison out."

Vox Nihili
May 28, 2008

Soothing Vapors posted:

the only moral reason to serve on a jury is to nullify that jury

I would 100% nullify that 90 in a 65 zone "case" as a juror, as would all other red-blooded, patriotic Americans.

Look Sir Droids
Jan 27, 2015

The tracks go off in this direction.

Vox Nihili posted:

I would 100% nullify that 90 in a 65 zone "case" as a juror, as would all other red-blooded, patriotic Americans.

Same. Hope you lose to pro se, Pook.

Vox Nihili
May 28, 2008

CaptainScraps posted:

Fun fact, they ended up giving Plaintiff $500K for his injuries sustained from falling off a ladder.

I asked a different judge what should the lawyers have done and he said, "The defense counsel should have approached and asked the judge to send you home ASAP. It was worth wasting a peremptory strike to have that poison out."

Yessssss

Unamuno
May 31, 2003
Cry me a fuckin' river, Fauntleroy.

incogneato posted:

I'm forever sad that I have never once been called for jury duty. And I assume now, if I am called, I'd just be booted because I'm a lawyer. I unironically would love to be on a jury.

Maybe I'd feel differently if I actually did jury trials myself.

Unironically agree with this sentiment. The idea of jury duty somehow fits nicely into the depressive fantasy of disappearing off the face of the fuckin' earth for a while.

Eminent Domain
Sep 23, 2007



incogneato posted:

I'm forever sad that I have never once been called for jury duty. And I assume now, if I am called, I'd just be booted because I'm a lawyer. I unironically would love to be on a jury.

Maybe I'd feel differently if I actually did jury trials myself.

I got called in my first summer of law school and by some dint of reason didn't get chucked. I did get a few pointed questions during the voir dire.
The juror behind me was an actual attorney with trial coming up and she had to basically beg the judge to get excused.

I think the last summons I got was a few months ago because records hadn't caught up to where I had moved. If I get a summons here I'll have a good laugh and probably will get immediately thrown out.

sullat
Jan 9, 2012
Yeah, I got a couple summons in college but they never could catch up to my address changes. Now that I'm settled down, I'd love to be on a jury for a little paid break from work, but no luck! Probably would get tossed from a fed jury, what with working for them, but state... who knows about state jury.

Vox Nihili
May 28, 2008

gonna share this insane "it's me or the funko pops" contract from Reddit here in case folks haven't had an opportunity to witness its glory

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

Vox Nihili posted:

gonna share this insane "it's me or the funko pops" contract from Reddit here in case folks haven't had an opportunity to witness its glory



I didn’t know what Funko Pops were and I thought this guy just really like popsicles.

But it’s way, way worse.

TheMadMilkman
Dec 10, 2007

Phil Moscowitz posted:

I didn’t know what Funko Pops were and I thought this guy just really like popsicles.

But it’s way, way worse.

The beanie baby kids have grown up.

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.
.

Discendo Vox fucked around with this message at 04:09 on Jul 13, 2021

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.

Discendo Vox posted:

I'm a bit worried about this pro se thing in the legal questions thread...and also a bit embarrassed about my (admittedly, phoneposted) garbled IP question.

He's been "screwed over" every time he got a lawyer and won every time pro se, so what could possibly go wrong?

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.
.

Discendo Vox fucked around with this message at 04:09 on Jul 13, 2021

Hoshi
Jan 20, 2013

:wrongcity:
He's done enough research to realize he has no clue what's happening but I think he supposes he's figured out the most complicated part now and the rest is a cake walk, no way it'll just become more of a shitshow…

Nice piece of fish
Jan 29, 2008

Ultra Carp
I kinda want to serious post at him just to let him know just how loving much he is not qualified to do the thing he thinks he can do, but honestly I want to see a trainwreck. Yes, I am this petty apparently.

I'll bet he's one of those unbearable rear end in a top hat clients who constantly questions everything you do because he thinks he knows better than you and doesn't have any trust or faith in you, and it's really obvious on him. Then won't listen to your advice and finally won't pay even though he blew up your phone with exactly this kind of bullshit so you had double the normal amount of hours explaining to this loving guy how babby is formed. Then he goes and files a disciplinary case and when he loses that, goes on facebook and posts about how all lawyers are scum and in it together. I can loving already taste this guy, he's so toxic.

Speaking of dicks, I was at the local theatre's parody of "the Battle of Stiklestad" renamed on this occasion to "the battle of Testiclestad", a musical which was about three hours of dick jokes, nudity, the most horrendous display of heresy and incredibly ribald sex jokes, just a completely and utterly irreverent parody of every viking historical reenactment/theatre performance (this is a big thing, don't ask) and it was gut bustingly hilarious all the way through. Didn't get the ending really, which (spoiler!) was all the male actors getting cruxified while getting castrated while a penis was burnt in effigy on top of the remains of a thousand year erection castle, Sverresborg (https://en.wikipedia.org/wiki/Sverresborg). It was way over the top, which is kind of the point I suppose. Might have been a bit much for the small children who were extras in the play, but what do I know.

Nice piece of fish fucked around with this message at 22:23 on Aug 3, 2018

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
Dealing with enough real estate litigation, here is my theory:

The Facts
- He's the defendant
- He's being sued for breach of a 'real estate contract'
- They're seeking damages, but not to enforce a lien against the house, or to compel the sale, because otherwise jxd would be mandatory in his county.
- about one year ago, he got out of a rental unit
- The Plaintiff is an LLC from three counties over

The Theory
- He signed up to buy a house from some flip and rip beat that buys lovely houses or foreclosure houses for cash and then tries to sell them for a little bit more cash. We know its not a construction contract (no lien, no jxd) and its not for specific performance (no jxd).
- They require a big earnest money deposit because once people find out what a piece of poo poo house they signed up to buy, they try to back out, thus forfeiting their earnest money.
- He thought he could beat the system, and found out what a piece of poo poo house he signed up to buy, and/or can't get financing because the house is a piece of poo poo, and is trying to back out of the deal and refuses to sign off on the escrow agent releasing the earnest money.
- The Plaintiff doesn't want to force the sale through, they just want to keep the earnest money (which is called "earnest money" because its supposed to show you're "earnest" about wanting to buy the property) and then sell the house to the next poor sap who comes along thinking they can beat the system. Either that or he REALLY hosed up and somehow got the escrow to release the earnest money back to him.
- The Plaintiff is suing to get the earnest money released to them or given back to them, and for incidentals, and for attorneys fees.
- His "plan" is to show all the defects with the house and other problems and he thinks thats gonna be the winner for him and an attorney would just screw that up.

Bonus points for predictions that:
- He used the money he won from his other lawsuit for the earnest money
- He waived getting an inspector because he could "look through the house just fine himself."
- He "Thought about buying a house at a foreclosure sale first..."
- He read the "As Is" part of the contract already, but that doesn't matter because..."


Once he starts trolling our post histories and finds this, I'm sure he'll confirm or deny!

blarzgh fucked around with this message at 22:48 on Aug 3, 2018

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.
.

Discendo Vox fucked around with this message at 04:09 on Jul 13, 2021

echopapa
Jun 2, 2005

El Presidente smiles upon this thread.

Nice piece of fish posted:

I'll bet he's one of those unbearable rear end in a top hat clients who constantly questions everything you do because he thinks he knows better than you and doesn't have any trust or faith in you, and it's really obvious on him.

In other words, like having a lawyer for a client.

GamingHyena
Jul 25, 2003

Devil's Advocate

Discendo Vox posted:

I'm a bit worried about this pro se thing in the legal questions thread...and also a bit embarrassed about my (admittedly, phoneposted) garbled IP question.

DEFENDANT: I've got your "venue" right here, pal.

PLAINTIFF'S ATTORNEY: Let the record reflect the defendant is pointing to his genitals.

JUDGE: So noted.

Soothing Vapors
Mar 26, 2006

Associate Justice Lena "Kegels" Dunham: An uncool thought to have: 'is that guy walking in the dark behind me a rapist? Never mind, he's Asian.

GamingHyena posted:

DEFENDANT: I've got your "venue" right here, pal.

PLAINTIFF'S ATTORNEY: Let the record reflect the defendant is pointing to his genitals.

JUDGE: Denise, suck my dick, bitch (indicating)

Nice piece of fish
Jan 29, 2008

Ultra Carp

echopapa posted:

In other words, like having a lawyer for a client.

Maybe? If it was a lawyer who was in a foregin country maybe and wasn't qualified on the law in the least and completely clueless and also an rear end in a top hat? Yeah.


blarzgh posted:

Dealing with enough real estate litigation, here is my theory:

The Facts
- He's the defendant
- He's being sued for breach of a 'real estate contract'
- They're seeking damages, but not to enforce a lien against the house, or to compel the sale, because otherwise jxd would be mandatory in his county.
- about one year ago, he got out of a rental unit
- The Plaintiff is an LLC from three counties over

The Theory
- He signed up to buy a house from some flip and rip beat that buys lovely houses or foreclosure houses for cash and then tries to sell them for a little bit more cash. We know its not a construction contract (no lien, no jxd) and its not for specific performance (no jxd).
- They require a big earnest money deposit because once people find out what a piece of poo poo house they signed up to buy, they try to back out, thus forfeiting their earnest money.
- He thought he could beat the system, and found out what a piece of poo poo house he signed up to buy, and/or can't get financing because the house is a piece of poo poo, and is trying to back out of the deal and refuses to sign off on the escrow agent releasing the earnest money.
- The Plaintiff doesn't want to force the sale through, they just want to keep the earnest money (which is called "earnest money" because its supposed to show you're "earnest" about wanting to buy the property) and then sell the house to the next poor sap who comes along thinking they can beat the system. Either that or he REALLY hosed up and somehow got the escrow to release the earnest money back to him.
- The Plaintiff is suing to get the earnest money released to them or given back to them, and for incidentals, and for attorneys fees.
- His "plan" is to show all the defects with the house and other problems and he thinks thats gonna be the winner for him and an attorney would just screw that up.

Bonus points for predictions that:
- He used the money he won from his other lawsuit for the earnest money
- He waived getting an inspector because he could "look through the house just fine himself."
- He "Thought about buying a house at a foreclosure sale first..."
- He read the "As Is" part of the contract already, but that doesn't matter because..."


Once he starts trolling our post histories and finds this, I'm sure he'll confirm or deny!

I just want you to know that this is great and that you are great. I super extra hope you are correct.

Whitlam
Aug 2, 2014

Some goons overreact. Go figure.
Started my second last unit of my PLT (semi-mandatory practicing diploma), which will make me (technically) a proper real lawyer. It's a crim unit. Got an email from the course co-ordinator saying "you should be aware that bail laws have changed significantly as of last month, but we haven't updated the course materials so just work off the old legislation and be aware that it's no longer in force."

How the gently caress does Australia even have any lawyers at all?

Hot Dog Day #91
Jun 19, 2003

My understanding is that the bail system changed significantly, this rendering all lawyers moot.

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Jean-Paul Shartre
Jan 16, 2015

this sentence no verb


Hot Dog Day #91 posted:

My understanding is that the bail system changed significantly, this rendering all lawyers moot.

Seems like a good move then.

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