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El_Elegante
Jul 3, 2004

by Jeffrey of YOSPOS
Biscuit Hider

Toona the Cat posted:

Oh, I know you were kidding, and it's not the bar. Flare up of pancreatitis likely from going on a 2 day bender.

A bar, just not THAT bar.

drat dude, sorry to hear about your struggles with the bottle.

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Kawasaki Nun
Jul 16, 2001

by Reene
drat I just had a little Fibark bender too Salida Co is pretty sweet.

Nice piece of fish
Jan 29, 2008

Ultra Carp

Toona the Cat posted:

Oh, I know you were kidding, and it's not the bar. Flare up of pancreatitis likely from going on a 2 day bender.

Sorry to hear about that, man. I know you catch a lot of poo poo from this thread but we all appreciate you, you're like the mascot of going to law school so we need to keep you around. Feel better. Maybe slow down on the drinking.

Hot Dog Day #91
Jun 19, 2003

Mr. Nice the solution isn't running away for 1 to 2 years of more school and then another round of looking for jobs, it's taking that 65k/year job to get solid lawyer experience then seeing what you want to do. Be a fully employed lawyer for a second in one of the best types of guys known to man.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
School is 10 months. They have an extremely good placement rate in this program.

The job also isn’t a guarantee. It’s just another interview. I’m most likely going to interview regardless.

Hot Dog Day #91
Jun 19, 2003

"Good placement" is bird in the bush my friend. 65k is better than 10 months of school and uncertainty. Plus that 8 to 5 life with real weekends and holidays and vacations....

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
The pay range for the state job is $40-65k. I don’t sincerely believe they will offer me the high end. I don’t genuinely believe I’ll get an offer, even.

Hot Dog Day #91
Jun 19, 2003

The SECRET is to believing in yourself.

sullat
Jan 9, 2012

Mr. Nice! posted:

The pay range for the state job is $40-65k. I don’t sincerely believe they will offer me the high end. I don’t genuinely believe I’ll get an offer, even.

How fast do you rise up the pay scale, though? Like, even if you start in the middle, if you're getting a 5k raise for the first few years, you'll be up pushing 65k soon enough.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
I called and left a message asking for an interview.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
Also, do any goons practice in states with per curiam affirmed appellate decisions like Florida? One of our appeals came back yesterday PCA’d which means no written opinion and no more appeals.

evilweasel
Aug 24, 2002

got added to a new case yesterday.

read over all the pleadings yesterday, spent about fifteen minutes collecting my thoughts this morning, then issued instructions to the associates about what they should do today, which is essentially to turn my thoughts into a well-organized pleading that i can then say was all me. well, that was a hard day's work, time for a martini.

seriously im not sure what else i'm supposed to do now. perhaps i should do some business development. that way i can expense the martini.

does anyone who i can pass off as a potential client want a martini

ulmont
Sep 15, 2010

IF I EVER MISS VOTING IN AN ELECTION (EVEN AMERICAN IDOL) ,OR HAVE UNPAID PARKING TICKETS, PLEASE TAKE AWAY MY FRANCHISE

Mr. Nice! posted:

Also, do any goons practice in states with per curiam affirmed appellate decisions like Florida? One of our appeals came back yesterday PCA’d which means no written opinion and no more appeals.

I think every state and federal circuit can do that. California does it a lot in criminal appeals, which has led to a sideline in Supreme Court opinions trying to figure out whether a summary affirmance is a ruling on the merits for ADEA / habeous purposes or not.

quote:

Under 28 U. S. C. §2254(d), the availability of federal habeas relief is limited with respect to claims previously “adjudicated on the merits” in state-court proceedings. The first inquiry this case presents is whether that pro-vision applies when state-court relief is denied without an accompanying statement of reasons.
...
As every Court of Appeals to consider the issue has recognized, determining whether a state court’s decision resulted from an unreasonable legal or factual conclusion does not require that there be an opinion from the state court explaining the state court’s reasoning. See Chadwick v. Janecka, 312 F. 3d 597, 605–606 (CA3 2002); Wright v. Secretary for Dept. of Corrections, 278 F. 3d 1245, 1253–1254 (CA11 2002); Sellan v. Kuhlman, 261 F. 3d 303, 311–312 (CA2 2001); Bell v. Jarvis, 236 F. 3d 149, 158–162 (CA4 2000) (en banc); Harris v. Stovall, 212 F. 3d 940, 943, n. 1 (CA6 2000); Aycox v. Lytle, 196 F. 3d 1174, 1177–1178 (CA10 1999); James v. Bowersox, 187 F. 3d 866, 869 (CA8 1999). And as this Court has observed, a state court need not cite or even be aware of our cases under §2254(d). Early v. Packer, 537 U. S. 3, 8 (2002) (per curiam). Where a state court’s decision is unaccompanied by an explanation, the habeas petitioner’s burden still must be met by showing there was no reasonable basis for the state court to deny relief. This is so whether or not the state court reveals which of the elements in a multipart claim it found insufficient, for §2254(d) applies when a “claim,” not a component of one, has been adjudicated.

There is no merit to the assertion that compliance with §2254(d) should be excused when state courts issue summary rulings because applying §2254(d) in those cases will encourage state courts to withhold explanations for their decisions. Opinion-writing practices in state courts are influenced by considerations other than avoiding scrutiny by collateral attack in federal court.
https://supreme.justia.com/cases/federal/us/562/86/

ulmont fucked around with this message at 16:13 on Jun 19, 2019

Hot Dog Day #91
Jun 19, 2003

Are you a partner now?

evilweasel
Aug 24, 2002

Hot Dog Day #91 posted:

Are you a partner now?

yes, to my continual surprise

Hot Dog Day #91
Jun 19, 2003

I'm licensed and can file in all Texas bankruptcy courts and the 5th circuit and can demolish Texas State courts. I'll be your local counsel.

Nice piece of fish
Jan 29, 2008

Ultra Carp

evilweasel posted:

yes, to my continual surprise

Congrats! Now you can truly live up to your username.

Phil Moscowitz
Feb 19, 2007

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

evilweasel posted:

got added to a new case yesterday.

read over all the pleadings yesterday, spent about fifteen minutes collecting my thoughts this morning, then issued instructions to the associates about what they should do today, which is essentially to turn my thoughts into a well-organized pleading that i can then say was all me. well, that was a hard day's work, time for a martini.

seriously im not sure what else i'm supposed to do now. perhaps i should do some business development. that way i can expense the martini.

does anyone who i can pass off as a potential client want a martini

I like morning martinis

disjoe
Feb 18, 2011


evilweasel posted:

got added to a new case yesterday.

read over all the pleadings yesterday, spent about fifteen minutes collecting my thoughts this morning, then issued instructions to the associates about what they should do today, which is essentially to turn my thoughts into a well-organized pleading that i can then say was all me. well, that was a hard day's work, time for a martini.

seriously im not sure what else i'm supposed to do now. perhaps i should do some business development. that way i can expense the martini.

does anyone who i can pass off as a potential client want a martini

I loving knew it, ya'll are really good at pretending you're super busy

Vox Nihili
May 28, 2008

Hot Dog Day #91 posted:

Be a fully employed lawyer for a second in one of the best types of guys known to man.

I'm parsing this as a proposition. Maybe I need more caffeine.

Vox Nihili
May 28, 2008

evilweasel posted:

got added to a new case yesterday.

read over all the pleadings yesterday, spent about fifteen minutes collecting my thoughts this morning, then issued instructions to the associates about what they should do today, which is essentially to turn my thoughts into a well-organized pleading that i can then say was all me. well, that was a hard day's work, time for a martini.

seriously im not sure what else i'm supposed to do now. perhaps i should do some business development. that way i can expense the martini.

does anyone who i can pass off as a potential client want a martini

That's a solid 5.5 hrs, presumably.

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.

Vox Nihili posted:

That's a solid 5.5 hrs, presumably.

you're forgetting all the time he subconsciously spent mulling the case while shitposting on a dead gay comedy forum. easily a full day's 8.0

Sab0921
Aug 2, 2004

This for my justices slingin' thangs, rib breakin' kings / Truck, necklace, robe, gavel and things / For the solicitors seein' them dissents spin and grin / That robe with the lace trim that win.

evilweasel posted:

got added to a new case yesterday.

read over all the pleadings yesterday, spent about fifteen minutes collecting my thoughts this morning, then issued instructions to the associates about what they should do today, which is essentially to turn my thoughts into a well-organized pleading that i can then say was all me. well, that was a hard day's work, time for a martini.

seriously im not sure what else i'm supposed to do now. perhaps i should do some business development. that way i can expense the martini.

does anyone who i can pass off as a potential client want a martini

I get you're new to the partner thing, so mistakes will be made - but I think the right course of action would have been to gather your thoughts, sit on them - then issue instructions to your associates at 2PM on Friday with instructions to have it ready for your review on Monday - then taking off for a long weekend where you will be unreachable.

You'll get the hang of it.

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.
2 pm? what is he, running a charity?

he should still be getting cocktails with a "client" (read: hooker) at 2. 4 pm is when he staggers back into the office to assign the work.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer
From the LQT

blarzgh posted:

OK, explain this:

Truth is an affirmative defense to Slander. An affirmative defense must be plead, and the Defendant must carry its burden to establish the truth of the statement to prevail.

Falsity is an element of Slander. It must be plead, and the Plaintiff must carry its burden to establish the falsity of the statement to prevail.

If a Plaintiff offers evidence of falsity in support of its claim for Slander, a Defendant is entitled to offer evidence that tends to show that the statement was not false (that it was true.)

If a Defendant fails to plead an affirmative defense, the Defendant is prohibited from offering the issue up at trial or offering evidence to support that theory (that it was true.)

THEREFORE, how can the Defendant be REQUIRED to plead for the right to have the burden of proof on the issue of Truth/Falsity shifted to them, and away from the Plaintiff?!?!

Hot Dog Day #91
Jun 19, 2003

One WEIRD trick to win your defamation case.

JUDGES hate him!

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.
Received my official acceptance into the grad program. Boss wants to bring in a student clerk since I’ll be part time while going to school.

I also have to pay around $1500 in quarterly taxes because I’m still 1099.

A lawyer I went to school with posted a facebook article that my city is one of the best in Florida for hiring young attorneys :lol:

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.
deez nuts are an element of your mouth

Phil Moscowitz
Feb 19, 2007

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

Soothing Vapors posted:

deez nuts are an element of your mouth

Lol

GamingHyena
Jul 25, 2003

Devil's Advocate

evilweasel posted:

got added to a new case yesterday.

read over all the pleadings yesterday, spent about fifteen minutes collecting my thoughts this morning, then issued instructions to the associates about what they should do today, which is essentially to turn my thoughts into a well-organized pleading that i can then say was all me. well, that was a hard day's work, time for a martini.

seriously im not sure what else i'm supposed to do now. perhaps i should do some business development. that way i can expense the martini.

does anyone who i can pass off as a potential client want a martini

Expensing things may be the greatest part of private practice. I'm never happier in the morning than when I'm drinking my business expense deductible fancy coffee that is technically available to all office employees.

Finding out that the TCJA eliminated the entertainment expense deduction was truly a day of sorrow. One wonders how the baseball game and strip club industries will recover.

GamingHyena fucked around with this message at 00:04 on Jun 20, 2019

Tokelau All Star
Feb 23, 2008

THE TAXES! THE FINGER THING MEANS THE TAXES!

When you bill for time spent just sitting and thinking about the case, what do you call that on the invoice?

evilweasel
Aug 24, 2002

Tokelau All Star posted:

When you bill for time spent just sitting and thinking about the case, what do you call that on the invoice?

"attention to" seems pretty popular with people, but i've never used it because it seems so obvious that it means "the case occurred to me while i was scratching my balls and distracted me from a good scratching so you're gonna pay for that"

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

Hot Dog Day #91 posted:

One WEIRD trick to win your defamation case.

JUDGES hate him!

appeals aside, lol @ having to litigate a defamation case beyond a rule 12 or anti-slapp mtd

dpkg chopra
Jun 9, 2007

Fast Food Fight

Grimey Drawer

Tokelau All Star posted:

When you bill for time spent just sitting and thinking about the case, what do you call that on the invoice?

Anything that's not phonecalls, meetings or emails is either drafting or review, or review of draft

Phil Moscowitz
Feb 19, 2007

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

Unamuno posted:

appeals aside, lol @ having to litigate a defamation case beyond a rule 12 or anti-slapp mtd

I have one that I can’t possibly discuss that looks to be going to trial in September. Can’t do an anti-SLAPP motion because our statute requires the speech to be about a “public issue” and our Supreme Court has interpreted that extremely narrowly. I tried removing it because the claim was initially hundreds of thousands of dollars but it got remanded based on a $75k stipulation. Then I tried for MSJ but the trial judge has said in open court that she never grants summary judgments (she sure didn’t grant mine). So here we are. And yes it is absolutely lol-worthy. The facts are completely ridiculous. I wish I could get into details. It’s similar to the Hulk Hogan/Gawker poo poo.

Kalman
Jan 17, 2010

Tokelau All Star posted:

When you bill for time spent just sitting and thinking about the case, what do you call that on the invoice?

“Research re X” or “drafting re X”, depending on if I’d created a written document yet or not.

Also, Fed Cir uses per curiam affirmances (Rule 36 affirmance) extremely heavily.

Vox Nihili
May 28, 2008

Soothing Vapors posted:

deez nuts are an element of your mouth

See: prongs 1, 2, and 3

Popero
Apr 17, 2001

.406/.553/.735
Strategy regarding really makes my clients feel like I'm digging deep into their bullshit issues.

Sab0921
Aug 2, 2004

This for my justices slingin' thangs, rib breakin' kings / Truck, necklace, robe, gavel and things / For the solicitors seein' them dissents spin and grin / That robe with the lace trim that win.

Vox Nihili posted:

See: prongs 1, 2, and 3

https://twitter.com/StatehouseKim/status/1141485491503673345?s=19

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Sab0921
Aug 2, 2004

This for my justices slingin' thangs, rib breakin' kings / Truck, necklace, robe, gavel and things / For the solicitors seein' them dissents spin and grin / That robe with the lace trim that win.

Popero posted:

Strategy regarding really makes my clients feel like I'm digging deep into their bullshit issues.

Lol, gently caress being a litigator where people give a poo poo what's on the bill and it's not just a sunk cost on a much larger transaction that they dont care about.

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