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joat mon posted:This allows a judge to violate the ACR. (and carries use immunity) Does it also allow the attorney to initiate the violation of their ACR with their own client? Probably not. Innocent client would have to find out about it somehow, bring an application showing that there's no other way to raise a doubt, and then pierce the privilege and call evidence from you about the confession made by guilty client. I guess practically yeah there's not really anything YOU can do.
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Feb 9, 2019 20:43
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At least in California, you absolutely would not be allowed to violate privledge. OTOH, we could gently caress (not metaphorically) clients until like this year.
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Feb 9, 2019 21:04
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Roger_Mudd posted:Attorney/Client privilege is dying. I heard it was dead.
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Feb 9, 2019 22:36
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Roger_Mudd posted:I had a chief federal judge have his/her clerk call me and ask for privileged information. I told the clerk that I wasn’t going to share information about alleged crimes with the federal judiciary. I believe it says "may" if there's a court order. Not "shall." Call the state bar
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Feb 9, 2019 22:58
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terrorist ambulance posted:That's innocence at stake exception if it's as you described Yeah that was my first thought too. That's the only case I know of a blanket exception to privilege and that would allow me to legally disclose this information to the police. It could still conceivably violate privilege ethics, which is a seperate bar association ruleset that isn't as of yet harmonized with the criminal statutes of duty of silence, which could still be a loss of license type deal. We have a couple of very stupid conflicts like that in that ruleset. Of course, that depends on the strength of the confession and the information around it, the concrete situation and if it's even possible disclosing the information to the police would lead to any action on their part. It might not be. In which case you burn yourself for no gain at all. Roger_Mudd posted:I had a chief federal judge have his/her clerk call me and ask for privileged information. I told the clerk that I wasn’t going to share information about alleged crimes with the federal judiciary. Yeah. It's slowly being eroded even over here, either through just practical measures or outright, such as disclosure rules through the money laundering statutes.
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Feb 10, 2019 11:24
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nm posted:At least in California, you absolutely would not be allowed to violate privledge. Client loving privilege is dying.
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Feb 10, 2019 23:34
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I have reached what I assume will be the peak of my career. I met Tucker who represents Ayrshire. A legend in the practice This video can be posted once a year or so I guess. https://www.youtube.com/watch?v=ZIxmrvbMeKc Sab0921 fucked around with this message at 16:54 on Feb 11, 2019 |
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Feb 11, 2019 04:14
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Serial rape/homicide. Ineffective assistance for not bringing a third party culpability defense. Nine targets named. Setting aside that this was a loving conditional guilty plea... Why stop at 9?
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Feb 11, 2019 20:20
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ActusRhesus posted:Serial rape/homicide. It's a good thing the framing of this post doesn't really lend itself jokes.
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Feb 11, 2019 21:13
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I was curious about admission on motion and am looking at North Carolina's comity application, which I guess includes character and fitness...is this typical of applications nowadays? I don't remember my applications (back during the Bush administration) being this insanely detailed. http://ncble.org/wp-content/uploads/2015/12/Comityapp.pdf
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Feb 11, 2019 22:20
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blarzgh posted:It's a good thing the framing of this post doesn't really lend itself jokes. Heh. Nice catch.
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Feb 11, 2019 22:21
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Phil Moscowitz posted:I was curious about admission on motion and am looking at North Carolina's comity application, which I guess includes character and fitness...is this typical of applications nowadays? I don't remember my applications (back during the Bush administration) being this insanely detailed. I think that's just time fading your memory. I have my Louisiana bar fitness application from 2010 easily to hand (standard NCBE form), and as best I can tell the North Carolina one is only longer because it's in a bigger font.
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Feb 11, 2019 22:48
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ulmont posted:I think that's just time fading your memory. I have my Louisiana bar fitness application from 2010 easily to hand (standard NCBE form), and as best I can tell the North Carolina one is only longer because it's in a bigger font. Most of the stuff I'm thinking of is actually related to practice, so it's obviously not on the regular application. But stuff like this is more than I remember having to disclose: quote:List all debts over $200 and indicate status, i.e. Current or delinquent. Include any active credit cards you have, regardless of whether or not you have a balance due on said credit card. If NONE, so state on lines below. quote:Have you EVER IN YOUR ENTIRE LIFE been arrested, given a written warning, or taken into custody, or accused, formally or informally, of the quote:During the past five years have you been arrested, given a written warning, or taken into custody, or accused, formally or informally of the violation of a traffic law or ordinance, other than parking offenses? (This includes safety violations) quote:The following are the approximate dates of each time I have been fingerprinted and the reason why I was fingerprinted. quote:FULL DISCLOSURE: Is there any other incident or occurrence in your life which is not otherwise referred to in this application which you would like to acknowledge in the interest of full disclosure. It is crucial that you honestly and fully answer all questions, regardless of whether you believe the information is relevant. Then you have to provide (all different people, no repeats): 4 moral character references (can't be supervisors or relatives) 8 personal references 3 attorney references 2 client references 5 "reputable and responsible persons in each locality where you have practiced law with whom you are personally acquainted." What is a "locality," a state? County? City? And also list all courts where your practice was "chiefly conducted" whatever that means.
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Feb 11, 2019 23:03
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California or Minnesota made me include court documents from my dismissed stop sign violation.
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Feb 11, 2019 23:54
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Phil Moscowitz posted:Most of the stuff I'm thinking of is actually related to practice, so it's obviously not on the regular application. But stuff like this is more than I remember having to disclose: All of that is a little nastier than the standard but in the same ballpark: quote:21. A. Have you ever been cited for, arrested for, charged with, or convicted of any alcohol- or drug-related traffic violation other than a violation that was resolved in juvenile court? And then 6 personal references each having known you for 5 years.
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Feb 12, 2019 00:00
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nm posted:California or Minnesota made me include court documents from my dismissed stop sign violation.
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Feb 12, 2019 00:01
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poo poo like this has a serious negative effect when attempting to increase diversity. Someone with multiple "law enforcement contacts" due to having the wrong skin color or living in the wrong neighborhood may just decide being a lawyer isn't for them due to being asked questions like this. Even something like an address history is much more complicated when you don't have stable housing and have to move between multiple temporary residences without keeping records.
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Feb 12, 2019 02:38
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Seriously what the gently caress is “informally accused of a crime” supposed to mean, and why should it matter?
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Feb 12, 2019 02:41
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4/21/16: Informally accused of shitposting on the Somethingaweful.com forums. Was not banned. But guilty as charged to be honest. Admission denied.
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Feb 12, 2019 02:55
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Phil Moscowitz posted:Seriously what the gently caress is “informally accused of a crime” supposed to mean, and why should it matter? You're asking an awful lot of questions for an allegedly fit individual. Perhaps we should make those informal accusations a bit more formal by citing them as the reason for your denial?
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Feb 12, 2019 03:14
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Phil Moscowitz posted:Seriously what the gently caress is “informally accused of a crime” supposed to mean, and why should it matter? You've been stealing hearts and they're on to you.
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Feb 12, 2019 03:18
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I wonder if Texas didn’t ask you all those questions or I just didn’t answer them fully
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Feb 12, 2019 03:26
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Phil Moscowitz posted:I was curious about admission on motion and am looking at North Carolina's comity application, which I guess includes character and fitness...is this typical of applications nowadays? I don't remember my applications (back during the Bush administration) being this insanely detailed. Hey, we did our applications at the same time! No, it didn't have any of the questions like you listed. Did have to list all traffic tickets though.
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Feb 12, 2019 04:16
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joat mon posted:Hey, we did our applications at the same time! No, it didn't have any of the questions like you listed. Did have to list all traffic tickets though. Probably different bush administrations OLD MAN
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Feb 12, 2019 04:17
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Phil Moscowitz posted:Probably different bush administrations OLD MAN At least I did mine during the administration of the Best* Bush. * That ain't sayin' much.
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Feb 12, 2019 04:35
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Texas asked for arrests in the last 10 years.... I may have purposely waited until the 10 years expired and applied last minute.
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Feb 12, 2019 05:47
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EwokEntourage posted:I wonder if Texas didn’t ask you all those questions or I just didn’t answer them fully They asked - but only required full disclosure if an arrest was involved. I had to go deep in old records to find an arrest for an MIP from when I was 19.
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Feb 12, 2019 21:08
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Just came across this amazing law firm name
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Feb 13, 2019 14:04
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Phil Moscowitz posted:Just came across this amazing law firm name Dunno who Slappey is, but the guy on the far left is definitely Sadd inside.
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Feb 13, 2019 14:38
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More law firm pixx:
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Feb 13, 2019 16:30
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That seems like a nice auto insurance settlement mill.
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Feb 13, 2019 16:34
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Discendo Vox posted:More law firm pixx: Is the joke that the lawyer has an office in the chiropractor’s building? Because that’s insanely common and in fact I wouldn’t be shocked to learn that the lawyer has an ownership interest in the chiropractic. Ambulance chasers and chiropractors/“injury doctors” are malignant symbionts working together to parasitize insurance companies and anyone else with money.
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Feb 13, 2019 16:36
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The insurance defense lawyer has logged on. he's right, though
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Feb 13, 2019 16:41
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As the hyena crunches the marrow out of the bones of the newborn wildebeest, he despairs to his soul because of the mite he found on one his middle toes.
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Feb 13, 2019 17:00
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gently caress insurance companies, they objectively suck. Boo hoo someone shaving off the top of my profits. But fraud is a lovely way to go about wealth redistribution, and the plaintiff lawyers and quacks getting rich off of that fraud is just as immoral.
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Feb 13, 2019 18:14
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Phil Moscowitz posted:gently caress insurance companies, they objectively suck. Boo hoo someone shaving off the top of my profits. But fraud is a lovely way to go about wealth redistribution, and the plaintiff lawyers and quacks getting rich off of that fraud is just as immoral. In Texas, worker's comp insurance companies will call every injury a sprain or a strain so they don't have to pay for surgery and make every plaintiff go through contested cases. They also get whore doctors to write reports based off medical records without ever having seen or examining the patients. I'm talking "They call getting an arm dismembered a sprain and say you should only be off work 6 weeks." gently caress them.
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Feb 13, 2019 18:47
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Phil Moscowitz posted:Is the joke that the lawyer has an office in the chiropractor’s building? Because that’s insanely common and in fact I wouldn’t be shocked to learn that the lawyer has an ownership interest in the chiropractic. Yeah, that was the joke-the attorney's office is the upper floor in back. I knew about the parasitic partnership thing, I'd just never seen it as a literal duplex.
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Feb 13, 2019 18:47
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GrandmaParty posted:In Texas, worker's comp insurance companies will call every injury a sprain or a strain so they don't have to pay for surgery and make every plaintiff go through contested cases. They also get whore doctors to write reports based off medical records without ever having seen or examining the patients. In Louisiana a 60 year old with pre-existing disc damage documented in pre-incident MRIs and related treatment claims to have been sideswiped by a tractor trailer. There is no evidence of damage on the trailer and the driver never felt anything and only found out about the claim months later. Plaintiff will go to a chiro who does nothing but document subjective complaints of pain (“10/10, worst pain imaginable”) and put warm rags and electrodes on their back. That will go on for 6 months, billed cost $6,000. Then get MRIs that show ordinary and expected progression of degenerative changes from previous imaging. $4,000. Then get a standard “pain management” regimen of ESI>>medial branch block>>radiofrequency ablation, which does nothing to address the “pain” and is billed around $30,000. The “pain management” specialist will give a report saying this person will need this pointless treatment annually for the rest of his life. A surgeon may or may not recommend a fusion procedure at a cost of $150,000 which is of course totally made up. Maybe a follow up procedure that is 100% speculation. The plaintiff will not have these procedures of course, but will demand something like $3,000,000 for basically being in the same medical condition he was in before the incident that is the subject of this litigation (which may or may not have occurred). Of course the far more frequent scam is the “I have $30,000 in bullshit medical bills for 2 years of chiropractic, an MRI showing degenerative changes, and a couple of injections, just pay me your <$100,000 policy limit.” Which has all but been enshrined by the appellate courts as the minimum amount a reasonable jury can legally award (despite the fact that reasonable juries routinely award much less). Phil Moscowitz fucked around with this message at 19:15 on Feb 13, 2019 |
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Feb 13, 2019 19:02
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Phil Moscowitz posted:In Louisiana a 60 year old with pre-existing disc damage documented in pre-incident MRIs and related treatment claims to have been sideswiped by a tractor trailer. There is no evidence of damage on the trailer and the driver never felt anything and only found out about the claim months later. Plaintiff will go to a chiro who does nothing but document subjective complaints of pain (“10/10, worst pain imaginable”) and put warm rags and electrodes on their back. That will go on for 6 months, billed cost $6,000. Then get MRIs that show ordinary and expected progression of degenerative changes from previous imaging. $4,000. Then get a standard “pain management” regimen of ESI>>medial branch block>>radiofrequency ablation, which does nothing to address the “pain” and is billed around $30,000. The “pain management” specialist will give a report saying this person will need this pointless treatment annually for the rest of his life. A surgeon may or may not recommend a fusion procedure at a cost of $150,000 which is of course totally made up. Maybe a follow up procedure that is 100% speculation. The plaintiff will not have these procedures of course, but will demand something like $3,000,000 for basically being in the same medical condition he was in before the incident that is the subject of this litigation (which may or may not have occurred). Pretty interesting. That scam wouldn't work over here because the cost of those treatments to the patient is zero. Even our "burden of proof is obnoxious to reach" pain-and-suffering comp is for all practical purposes capped at about $15 000. If it's an accident that results in permanent disability, the state will cover the majority of that loss in the form of disability payments. If there's any extras that's usually covered by tacked-on disability insurance (Norway has by legal requirement a bunch of tacked-on insurances for folks, such as inventory insurance also covers most of your private legal costs) or if it's a car accident, unlimited and omnipresent car insurance. If it's a business that's usually covered from case law (one of the very few areas where there's pure case law establishing general and universal liability for businesses) and if it's criminal the state forwards the cash and collects back from the perp. Of course, in those cases it's pretty obvious what level of compensation is needed. Also, it's established by multiple levels of state and universal health care exams and even in court cases the experts are court appointed and the lay judges are usually doctors or similar. No private practicioners of medicine or alternative medicine are involved at any stage. You could insist on bringing one as an expert witness, and this would be politely accepted and the witness usually ignored. That said, it's slow going and a very technical and frustrating way of dealing with injuries.
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Feb 13, 2019 20:46
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I got pretty sweet lawyer privilege this week. Had a traffic ticket, went in to see if I could just delay it for a day, the judge asked if I was a lawyer, I said yes - but not that kind, she said that wasn't the question. I said yes, got to skip a line of maybe 20 people and have a nice muni court judge call me counselor. Being a litigator seems pretty sweet. I should probably switch to practicing in traffic court.
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Feb 14, 2019 04:38
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