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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.

Phil Moscowitz posted:

SCOTUS is above all an autoerotic fartsniffing enterprise with political characteristics.

Strong post/av combo

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G-Mawwwwwww
Jan 31, 2003

My LPth are Hot Garbage
Biscuit Hider

Roger_Mudd posted:

Good advice. The problem is he bills flat fee for cases so there are no "billable hours." He makes 5-7k per case and has about 300 active cases.

I'd tell you to do a contract where you essentially trade equity for years of service with a guaranteed base salary and a increasing revocable percentage of ownership every year, with you receiving the greater part of net proceeds or your salary, depending on which is which and a buyout provision if you're there more than 3 years but less than 7.

You can totally negotiate this to where you're not screwed. You're a lawyer goddammit!

Phil Moscowitz
Feb 19, 2007

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

Roger_Mudd posted:

Good advice. The problem is he bills flat fee for cases so there are no "billable hours." He makes 5-7k per case and has about 300 active cases.

What guarantee do you have that the client---who appears to represent 100% of this dude's business---will continue with you when he decides to retire? I assume this is an insurance company?

sullat
Jan 9, 2012

Roger_Mudd posted:

Dear Debbie,

Need the brain trust's thoughts. I had previously posted about this offer before.

A solo whose firm is doing about 1-1.2 million gross wants me to be his associate. He claims he's turning down work and clients and has never hired an associate before but his wife wants him to work less. He's offered a decent starting salary (smallish raise over what I'm making now) with promises of doubling the salary over 2-3 years. I met with him for 2-3 hours this weekend and he showed me his current work load, his clients, explained his relationships with his clients and let me examine his accounting. He says after 5-7 years he wants to retire and hand off his major client to me.

He has a negative reputation among Plaintiff lawyers because he usually doesn't settle cases. He tried 60+ cases over the last two years and got defense verdicts in about 50.

The biggest issue is that I don't really know the guy. He was opposing counsel on two cases 3-4 years ago and I see him at the Court house occasionally. I'm a good lawyer but not a "I want to give this guy my firm" good. I asked him "why me" and he said he didn't know but he liked the fact that I used to have my own firm and I seem "genuine." I told him I would want some clear path to get to the "doubling" of my salary and wouldn't agree to some amorphous platitudes about "seeing what the future holds, etc." He agreed but I haven't seen it yet.

I currently have a good gig with decent pay and no real complaints.

Sincerely,
Confused in Texas

Tell him you don't want the work but you're willing to spend more time with his family for him.

Kawasaki Nun
Jul 16, 2001

by Reene
Couldn't this guy just choose his cases and get some kind of referral bonus + brownie points for referring work he turns out to a friendly firm in the same field of law? Is the idea that when he retires hell still be collecting some % of what your making? Like some kind of tithe?

Phil Moscowitz
Feb 19, 2007

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

Kawasaki Nun posted:

Couldn't this guy just choose his cases and get some kind of referral bonus + brownie points for referring work he turns out to a friendly firm in the same field of law? Is the idea that when he retires hell still be collecting some % of what your making? Like some kind of tithe?

He'll probably be doing that well before he retires. Like the goal is probably to barely come into the office at all and pull down >50% of the firm profits.

You can't just refer work to another lawyer and get a percentage of the fee. You have to actually do something to charge a client. Ethics or whatever.

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
Let me give you the harsh reality of a legal practice. If you don’t have any clients, then you don’t have any leverage. Plain and simple. What are you going to do if he never gives you any ownership? Try to steal the client? That he wins trials for all the time? Or watch the sharks circle your sinking ship, biting chunks off of you over a few years until he retires?

This isn’t directly only at “you” Roger. Just in general.

Kawasaki Nun
Jul 16, 2001

by Reene
It just seems odd to me that he'd only bring on 1 extra associate if he wants this to be a self-sustaining operation. If there is no one for Mudd to compete against then won't he (mudd) want to terminate this relationship as soon as the guy retires and whatever agreement they have is completed so he can keep 100% of the earnings? Looking to coast off of 1 other person's work because you brought them in seems pretty brittle imo

Phil Moscowitz
Feb 19, 2007

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

Kawasaki Nun posted:

It just seems odd to me that he'd only bring on 1 extra associate if he wants this to be a self-sustaining operation. If there is no one for Mudd to compete against then won't he (mudd) want to terminate this relationship as soon as the guy retires and whatever agreement they have is completed so he can keep 100% of the earnings? Looking to coast off of 1 other person's work because you brought them in seems pretty brittle imo

Unless he contractually agrees to retire at a certain age and give away his firm (lol), why would he? Unless and until Mudd knows he can leave and take the client with him, Midd will be carrying water as long as the guy is alive. Hopefully getting well paid for it, but I’ve never seen an employment contract for a non-owner lawyer that didn’t allow termination. Nor a partnership/operating agreement that didn’t allow the majority stakeholders to throw out a minority.

Phil Moscowitz fucked around with this message at 00:41 on Feb 20, 2019

Kawasaki Nun
Jul 16, 2001

by Reene
hmm not sure but I would hope that in 5 years I'd be able to figure something out! Particularly if I was becoming something of a known quantity in the field / region

Phil Moscowitz
Feb 19, 2007

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

Kawasaki Nun posted:

hmm not sure but I would hope that in 5 years I'd be able to figure something out! Particularly if I was becoming something of a known quantity in the field / region

Whoops I edited my post on accident when I meant to make a reply. Yes of course that’s the goal, but there are a lot of risks to consider.

Look Sir Droids
Jan 27, 2015

The tracks go off in this direction.
Jesus Christ: https://theslot.jezebel.com/covington-high-school-teen-sues-the-washington-post-for-1832742408/amp?__twitter_impression=true

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.

Lol yea sure good luck. I’m sure that third party company you hired to do the “investigation” will sure win you one of the hardest lawsuits against one of the biggest newspapers

GamingHyena
Jul 25, 2003

Devil's Advocate
If his wife wants him to work less and his employee allows him to do so, why would he ever retire? Moreover, why would anyone turn over a $1.2m business to an employee who is bringing in zero new revenue to the firm? Is he just the world's nicest guy or something?

Personally I'd treat it like a straight employment offer. If the present dollars he's offering match the present work required then go for it. But I'd discount future retirement / profit sharing to zero.

Vox Nihili
May 28, 2008


Well, Thomas did write recently that he wants to rip up New York Times v. Sullivan!

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Vox Nihili posted:

Well, Thomas did write recently that he wants to rip up New York Times v. Sullivan!

You summoned me? Here is a pube for you.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
Second interview scheduled for monday with the general counsel for the entire agency. That seems like an offer in the works.

SlyFrog
May 16, 2007

What? One name? Who are you, Seal?
I've seen countless examples of attorneys who "are going to retire and hand over the business" on some multiyear plan. They almost never do. The greed, ego, and inherent nature of attorneys to want to keep an asset/weapon (clients) is always too strong.

I think in many cases, they may genuinely believe it themselves, for a while. Well, actually I don't completely think that. But let's say I did. I still think that as time goes on, that desire to be the man out at lunch with the client, the realization that "Hey, I can be a little lazier and dump all the irritating poo poo off to this schmuck, and just keep the sweet money flowing in along with a country club and dinners on the firm," they all kick in.

And no one is better than an attorney at rationalizing and arguing why they're not really renegging on a deal, why they're really not being an rear end in a top hat, why the younger attorney "just isn't ready yet," or even just "I changed my mind, I've built this over my entire life, it's perfectly fair for me to decide I'm not ready to go yet."

Even my own firm (well, maybe my old firm, you get the point) has some mega-hitter who has been on a five year plan to retire for about the last 15 years. He just keeps draining more money than he would otherwise get out of the firm under some illusory promise that he'll start working in the juniors more and transition the stuff.

He's more than happy to play king of the hill, dine with clients, dump gross poo poo onto the junior partners and associates, etc. Stop working and actually transition clients? Not so much. He still goes out to dinner and drinks with the clients alone. It's a delicate thing, you see. The clients love him. They're not comfortable yet with others. He's trying to work with them on it, but it will just queer the relationship if anyone but him drinks scotch with the GC (or anyone else in the company). Fucker.

evilweasel
Aug 24, 2002

on the one hand timbs v. indiana is a very good, effectively unanimous decision, on the other hand i am extremely perturbed to find myself vaugely agreeing with gorusch and thomas that all of substantive due process should really be under the privileges and immunities clause

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.

evilweasel posted:

on the one hand timbs v. indiana is a very good, effectively unanimous decision, on the other hand i am extremely perturbed to find myself vaugely agreeing with gorusch and thomas that all of substantive due process should really be under the privileges and immunities clause

That's their method of overturning all abortion laws. Thomas has been writing dissents and concurrences saying that since he's been on the bench.

I remember a while back and flipped through a bunch of decisions and Thomas takes every opportunity to bitch about due process incorporation that he can.

e: also privs & immunity applies to US citizens vs due process that applies to everyone under the constitution's jurisdiction.

Mr. Nice! fucked around with this message at 16:46 on Feb 20, 2019

evilweasel
Aug 24, 2002

Mr. Nice! posted:

That's their method of overturning all abortion laws. Thomas has been writing dissents and concurrences saying that since he's been on the bench.

I remember a while back and flipped through a bunch of decisions and Thomas takes every opportunity to bitch about due process incorporation that he can.

thomas has always done it, it's someone agreeing with him that gets me quizzical

as i see it there's not actually a fundamental difference in the results you can get by placing incorporation in the due process clause rather than the privileges and immunities clause and it makes so much more sense because that's what the privileges and immunities clause was meant to do before it was interpreted into meaninglessness, but there's definitely a risk that transitioning between the two would be used as an excuse to drop pesky decisions a conservative court no longer wants to follow

Mr. Nice! posted:

e: also privs & immunity applies to US citizens vs due process that applies to everyone under the constitution's jurisdiction.

aaaaaaaaaah, there's the trapdoor, thanks

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.

evilweasel posted:

thomas has always done it, it's someone agreeing with him that gets me quizzical

as i see it there's not actually a fundamental difference in the results you can get by placing incorporation in the due process clause rather than the privileges and immunities clause and it makes so much more sense because that's what the privileges and immunities clause was meant to do before it was interpreted into meaninglessness, but there's definitely a risk that transitioning between the two would be used as an excuse to drop pesky decisions a conservative court no longer wants to follow

I added in why via edit: P&I applies to US Citizens where due process applies to all.

evilweasel
Aug 24, 2002

apparently the other trapdoor (the other way) is that corporations - who are not citizens - would lose the protection of the bill of rights

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.

evilweasel posted:

apparently the other trapdoor (the other way) is that corporations - who are not citizens - would lose the protection of the bill of rights

Corporate citizenship is the obvious solution to this oversight.

evilweasel
Aug 24, 2002

both of those trapdoors would interact very oddly with the equal protection clause, however, in a way that would probably lead to unending litigation

Phil Moscowitz
Feb 19, 2007

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

evilweasel posted:

on the one hand timbs v. indiana is a very good, effectively unanimous decision, on the other hand i am extremely perturbed to find myself vaugely agreeing with gorusch and thomas that all of substantive due process should really be under the privileges and immunities clause

Privileges or immunities

We will not abide such inaccuracies in our Court

Pook Good Mook
Aug 6, 2013


ENFORCE THE UNITED STATES DRESS CODE AT ALL COSTS!

This message paid for by the Men's Wearhouse& Jos A Bank Lobbying Group

SlyFrog posted:

I've seen countless examples of attorneys who "are going to retire and hand over the business" on some multiyear plan. They almost never do. The greed, ego, and inherent nature of attorneys to want to keep an asset/weapon (clients) is always too strong.

I think in many cases, they may genuinely believe it themselves, for a while. Well, actually I don't completely think that. But let's say I did. I still think that as time goes on, that desire to be the man out at lunch with the client, the realization that "Hey, I can be a little lazier and dump all the irritating poo poo off to this schmuck, and just keep the sweet money flowing in along with a country club and dinners on the firm," they all kick in.

And no one is better than an attorney at rationalizing and arguing why they're not really renegging on a deal, why they're really not being an rear end in a top hat, why the younger attorney "just isn't ready yet," or even just "I changed my mind, I've built this over my entire life, it's perfectly fair for me to decide I'm not ready to go yet."

Even my own firm (well, maybe my old firm, you get the point) has some mega-hitter who has been on a five year plan to retire for about the last 15 years. He just keeps draining more money than he would otherwise get out of the firm under some illusory promise that he'll start working in the juniors more and transition the stuff.

He's more than happy to play king of the hill, dine with clients, dump gross poo poo onto the junior partners and associates, etc. Stop working and actually transition clients? Not so much. He still goes out to dinner and drinks with the clients alone. It's a delicate thing, you see. The clients love him. They're not comfortable yet with others. He's trying to work with them on it, but it will just queer the relationship if anyone but him drinks scotch with the GC (or anyone else in the company). Fucker.

There's also no ethical or contractual way to guarantee a whale client stays with the firm when a lawyer leaves so the whole promise is illusory.

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.
Really leaning in on your av, phil. I like this new you! We've got a Stanford Prison Experiment going on with these new avatars.

I'm disappointed that I was slow to share the Covington filing. The filing itself is worth reading.

quote:

...the Post engaged in a modern-day form of McCarthyism by competing with CNN and NBC, among others, to claim leadership of a mainstream and social media mob of bullies which attacked, vilified, and threatened Nicholas Sandmann
(“Nicholas”), an innocent secondary school child.

quote:

The Post wrongfully targeted and bullied Nicholas because he was the white, Catholic student wearing a red “Make America Great Again” souvenir cap on a school field trip to the January 18 March for Life in Washington, D.C. when he was unexpectedly and suddenly confronted by Nathan Phillips (“Phillips”), a known Native American activist, who beat a drum and sang loudly within inches of his face (“the January 18 incident”).

Like, every paragraph of this is just...magnificent.

quote:

In order to fully compensate Nicholas for his damages and to punish, deter, and teach the Post a lesson it will never forget, this action seeks money damages in excess of Two Hundred and Fifty Million Dollars ($250,000,000.00) – the amount Jeff Bezos, the world’s richest person, paid in cash for the Post when his company, Nash Holdings, purchased the newspaper in 2013.

(actual filing heading)

quote:

AN INVESTIGATION REVEALS THE TRUTH

Like, it's full of this poo poo top to bottom.

fake edit: oh god lol it's L. Lin Wood, and their instate is a corporate firm

Look Sir Droids
Jan 27, 2015

The tracks go off in this direction.
So could this Covington case be subject to Anti-SLAPP? Cause lol.

Discovery in this case gonna be lit. lol if they think they're going to bully Bezos in to settling.

evilweasel
Aug 24, 2002

Look Sir Droids posted:

So could this Covington case be subject to Anti-SLAPP? Cause lol.

Discovery in this case gonna be lit. lol if they think they're going to bully Bezos in to settling.

yeah you gotta sue the newspapers that are on shaky financial footing not the ones owned by the world's richest man who is currently going nuclear on someone else trying to bully him

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.
https://twitter.com/TheRealEGS/status/1098047327468695552

USPOL thread math is that (setting aside all the issues with liquid assets, etc) 250 million is 13 hours of Bezos income.

evilweasel
Aug 24, 2002

Discendo Vox posted:

https://twitter.com/TheRealEGS/status/1098047327468695552

USPOL thread math is that (setting aside all the issues with liquid assets, etc) 250 million is 13 hours of Bezos income.

that math is bad; his net worth is 113b. someone assumed he made 113b last year which, uh, he didn't.
edit: actually someone assumed he made something like 168b. he made a buttload of money but he didn't make that much.

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.
My bad, I didn't check. Still, lol.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Phil Moscowitz posted:

Privileges or immunities

We will not abide such inaccuracies in our Court

Im s-s-s-sorry Judge Senpai!!!

Look Sir Droids
Jan 27, 2015

The tracks go off in this direction.
His (Bezos') wealth is likely heavily tied to the price of Amazon stock. He doesn't have $168 billion and he's not going to sell a bunch of his stock to get close to that. I think his Amazon salary is like $75k. I'm sorry, "$75k."

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.
How about the equivalent of 'punishing' a mere millionaire by forcing them to part with a cheap ($2500) used car?

For the average American, a 250 million dollar judgement against Bezos is the equivalent of a speeding ticket (including court costs)
Think about that for a moment.

joat mon fucked around with this message at 18:08 on Feb 20, 2019

Kawasaki Nun
Jul 16, 2001

by Reene
"Time to bully my way to my bully pulpit and hate on some Catholics" Jeff Bezos

joat mon posted:

How about the equivalent of 'punishing' a mere millionaire by forcing them to part with a cheap ($2500) used car?

For the average American, a 250 million dollar judgement against Bezos is the equivalent of a speeding ticket (including court costs)
Think about that for a moment.

We should sue him!

SlyFrog
May 16, 2007

What? One name? Who are you, Seal?

Pook Good Mook posted:

There's also no ethical or contractual way to guarantee a whale client stays with the firm when a lawyer leaves so the whole promise is illusory.

Yep. And it's also incredibly convenient - when the person finally does retire or loving kicks off, well, they tried their best - can't force a client to transition or stay.

Never mind that trying their best meant doing jackshit to actually integrate other people into the work/client relations.

Munin
Nov 14, 2004


Well, I presume they are trying to get a similar long shot to Gawker. Try often enough and they'll find a sufficiently upset/conservative jury eventually.

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blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Discendo Vox posted:

Covington filing.

Gee, thanks for tricking me into reading about this dumbass bullshit.

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