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So: $6,000 settlement offer times 1.00 chance it happens vs $60,000 in damages times 0.10 chance it happens. For example. (In this scenario you are always going to take the settlement offer)
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Jun 17, 2022 14:13
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bird with big dick posted:Is that really always the case e.g. it would seem to me there may be some lawyers that would happily prefer to take a cut of an quick and/or easy six figure insurance payout for doing not a lot rather than go to trial for a potential seven figure judgment that has to be dragged out of the defendant via filing a bunch of liens against a bunch of property. Buddy, you have no idea how many PI lawyers I know who loving love to dig up assets and put liens on everything. Your lawyer telling you about every settlement offer and even recommending you accept one is not necessarily an indication they're just trying to settle and move on. If they were, they would have passed you onto a different lawyer for trial while they go back to grinding settlements. No jury trial is a slam dunk. Don't ever walk into a courtroom and think you're guaranteed to win. Judges are capricious and jurors are credulous idiots. See above for more.
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Jun 17, 2022 14:16
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Cash on the table offered by the defendant to settle a case is already a HUGE WIN for you. (in many cases - lots of nuance. PI is very very nuanced)
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Jun 17, 2022 14:18
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By virtue of the fact your lawyer is going to trial with this case on contingency, they think they've got a case that will win. They are spending a lot of time and money right now that you aren't paying when there is no certainty that they will ever be compensated. I tend to give someone the benefit of the doubt when they're doing all of that.
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Jun 17, 2022 14:19
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Rich people are often stupid and insane and will pursue litigation even if it means they will likely lose and lose money. They are wonderful clients.
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Jun 17, 2022 14:27
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euphronius posted:Rich people are often stupid and insane and will pursue litigation even if it means they will likely lose and lose money. They are wonderful clients. Well, yeah, they pay hourly. Bird isn't paying anyone hourly.
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Jun 17, 2022 14:28
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I am so glad I don't have to deal with clients of any type anymore.
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Jun 17, 2022 14:29
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Phil Moscowitz posted:I’ve done literally this. In chambers the day of trial. Told the judge “my client is sitting out there and objects to a continuance. I am ready to try the case and can’t agree to a continuance, but I understand the reasons for one.” Gotta know: was the judge putting on a show and everyone but the clients were in on it? Or was the judge earnestly chewing out the other lawyer? Because all this continuance chat makes it seem like the judge is always "you're wasting everyone's time with this request if you do this in my courtroom again I'll have you disbarred never ever ever do it again but lol granted see you tomorrow bob" is the norm.
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Jun 17, 2022 14:30
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Mr. Nice! posted:It doesn't matter what the opposing party's reasons are. I still don't think your lawyer is bad for agreeing to a continuance, and I can't see anything you've posted that really justifies changing horses this close to finish. Also, if you do switch lawyers, your current lawyer is still going to get a massive chunk of fees out of your case. You'll definitely delay trial for an indefinite period of time, as well, because your new lawyer will take time to get acquainted with your case and do their own trial prep. The fact that its taking a long time has zero to do with my desire to potentially switch lawyers. I know things take a long time. quote:there is no certainty that they will ever be compensated. Six figures of insurance money has already been offered and accepted. I know anything can happen in a jury trial and I fully believe and accept that but, like, massive injuries + stopped at a red light + dash cam. bird with big dick fucked around with this message at 14:42 on Jun 17, 2022 |
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Jun 17, 2022 14:36
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DaveSauce posted:Gotta know: was the judge putting on a show and everyone but the clients were in on it? Before we went back out the judge said, “Ok, so I’m going to grant the continuance, but I’ll give your client the dog and pony show.”
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Jun 17, 2022 14:42
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bird with big dick posted:The fact that its taking a long time has zero to do with my desire to potentially switch lawyers. I know things take a long time. If your lawyer was just satisfied with the insurance payout, they would have passed you off to someone else after that. You have still said nothing that makes me think your lawyer is loving up.
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Jun 17, 2022 14:46
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If your lawyer only cared about easy money, they would hand the case off to someone else and just take 25% of the attorney's fees and not go to trial with you. They want, and believe they can get, 100%. It doesn't matter that they've received some small amount now. They want that larger nut.
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Jun 17, 2022 14:51
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bird with big dick posted:Is that really always the case e.g. it would seem to me there may be some lawyers that would happily prefer to take a cut of an quick and/or easy six figure insurance payout for doing not a lot rather than go to trial for a potential seven figure judgment that has to be dragged out of the defendant via filing a bunch of liens against a bunch of property. There are certainly lawyers who have more of a volume/settlement business where they want to minimize the hours spent per client to maximize the dollars per hour worked. But for the most part, lawyers are limited by how many clients they can get, so they want to get the maximum value per client (if they have too many clients, they're usually better off hiring some associates rather than reducing the value of the clients).
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Jun 17, 2022 16:20
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bird with big dick posted:The fact that its taking a long time has zero to do with my desire to potentially switch lawyers. I know things take a long time. What I am hearing here is that you and your lawyer both think this is winnable but the other side got a continuance, probably because the judge and your lawyer don't want the trial overturned on appeal because the other side says they weren't granted enough time to prepare.
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Jun 17, 2022 17:16
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I wish that's all it was but never really sure how much I should share. Maybe I should PM someone the details and they can post "yep that's real fuckin stupid" or "nah bird is an idiot" itt
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Jun 17, 2022 19:06
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I mean do you think your lawyer is choosing a wrong trial tactic? What do you think they're doing wrong? Not going to the mattress over a continuance isn't really a big deal.
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Jun 17, 2022 19:26
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Read your representation agreement with your lawyer carefully and see what happens if you fire him before he gets paid via contingency
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Jun 17, 2022 20:08
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bird with big dick posted:I wish that's all it was but never really sure how much I should share. Maybe I should PM someone the details and they can post "yep that's real fuckin stupid" or "nah bird is an idiot" itt Obviously I can't speak on the specifics of your case, but the low five figure PI case I dealt with in my dad's estate was an annoying, frustrating, drawn out process. A lot of that was just not understanding how to tell if I was getting taken for a ride, and dealing with the emotional aspects of the case and situation. In retrospect, I think we got the best settlement it was possible to get, and there was very little chance of getting more from a jury, with a very good chance of getting nothing at all from 12 capricious idiots. If you have a 6 figure settlement offer in hand and your lawyer hasn't insisted you take it and walk away, I think that's a very good sign that they are still pushing for more and aren't doing the least possible.
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Jun 17, 2022 20:28
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Yeah not only have they not insisted, they didn't even recommend taking it. They made sure I knew I could lose it, which I know, nothing is guaranteed at trial. But even though it's (barely) six figures, it's so little relative to my injuries plus so much of it is going to end up going to BCBS and legal fees, it's still gonna be practically nothing. I could buy a new truck maybe. If the market wasn't so insane right now. Whoop de doo.
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Jun 17, 2022 20:37
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bird with big dick posted:Yeah not only have they not insisted, they didn't even recommend taking it. They made sure I knew I could lose it, which I know, nothing is guaranteed at trial. But even though it's (barely) six figures, it's so little relative to my injuries plus so much of it is going to end up going to BCBS and legal fees, it's still gonna be practically nothing. Don't confuse your dissatisfaction with the process with your lawyer not doing a good job. Switching lawyers is going to cost you an additional third of any payment, so you'd better be sure anyone else you go with is very confident they can get you enough to account for that. Knowing what I know now about it, I'd have to shop it to at least two others and they'd have to agree on a very close, very high figure to make it worth it. PI suits are to get your bills paid and wages recouped, basically. There's no amount of money that's ever going to make you feel ok with getting hurt from someone else's actions. If your lawyer is accounting for wages and whatever pain and suffering is allowable in your area, they're doing right by you.
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Jun 17, 2022 21:57
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Bird has very valid worries and a shifty defendant, but I still have faith in his lawyer based upon everything I've read to this point. I think he will be eventually well compensated for their loss.
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Jun 17, 2022 22:10
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BonerGhost posted:Switching lawyers is going to cost you an additional third of any payment Pretty sure this is not usually true.
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Jun 18, 2022 21:53
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bird with big dick posted:Pretty sure this is not usually true. Your current lawyer will absolutely put a lien on your recovery and will get a chunk of it, and then your new lawyer will get a chunk of it.
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Jun 18, 2022 22:14
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Mr. Nice! posted:Your current lawyer will absolutely put a lien on your recovery and will get a chunk of it, and then your new lawyer will get a chunk of it. Sure, but they aren't each guaranteed a third of all of it.
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Jun 18, 2022 22:15
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bird with big dick posted:I know anything can happen in a jury trial and I fully believe and accept that but, like, massive injuries + stopped at a red light + dash cam. Crim lecturer of mine had a client get manslaughter instead of murder even though her client left the party, had a nap, returned hours later with a knife, and yelled abuse at the deceased party's sister in the courtroom. Different country and crim not civil, but no, seriously, even slam dunks aren't necessarily that in front of a jury.
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Jun 18, 2022 23:11
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The details of how a fired lawyer gets paid are in the representation agreement Firing them right before a trial is going to be its own section i wager Don’t know for sure !
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Jun 18, 2022 23:29
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Legal Questions: I've been turned into a NFT https://www.reddit.com/r/LegalAdviceUK/comments/vfscch/turned_into_a_nft_without_permission/
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Jun 19, 2022 12:04
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What kind of threshold do y'all think is worthy of lawyering up in a car accident case? I'm mostly uninjured, only ended up going to the hospital after to confirm that my foot was just strained and not fractured, but my car is toast, and it's thrown a real wrench in my "moving across the country for a new job" plans. I'd already quit my old job and was supposed to spend this week packing. E: I was not at fault, or at least not ticketed, if that makes a difference. taiyoko fucked around with this message at 13:15 on Jun 20, 2022 |
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Jun 20, 2022 13:12
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Personal injury lawyer .
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Jun 20, 2022 13:30
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taiyoko posted:What kind of threshold do y'all think is worthy of lawyering up in a car accident case? I'm mostly uninjured, only ended up going to the hospital after to confirm that my foot was just strained and not fractured, but my car is toast, and it's thrown a real wrench in my "moving across the country for a new job" plans. I'd already quit my old job and was supposed to spend this week packing. Look around you. Do you see a phone? Pick it up. Now call a lawyer.
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Jun 20, 2022 13:35
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Call a PI attorney. Do not talk with the opposing party’s insurance company unless directed to do so by your attorney.
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Jun 20, 2022 13:43
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Not ticketed doesn't necessarily mean a lot, the guy that hit me wasn't ticketed I think because the cop felt sorry that he was a stupid old bastard.
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Jun 20, 2022 13:48
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I got really fortunate when I totalled my car that it was incredibly obviously her fault and I was uninjured. I do hope she got ticketed. Her car ended up on a sidewalk and it's only luck that we didn't hurt a pedestrian. Call a lawyer!
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Jun 20, 2022 17:29
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taiyoko posted:What kind of threshold do y'all think is worthy of lawyering up in a car accident case? I'm mostly uninjured, only ended up going to the hospital after to confirm that my foot was just strained and not fractured, but my car is toast, and it's thrown a real wrench in my "moving across the country for a new job" plans. I'd already quit my old job and was supposed to spend this week packing. People are telling you to talk to a lawyer because the lawyer will almost certainly tell you the answer to "is it worth it" for free, based on their knowledge of such cases in your area. Lawyering up may also cost you a chunk of your judgment rather than money out of pocket, because working on contingency is common in personal injury cases. If they pass on your case, the lawyer should also be able to tell you (1) whether your case is "not strong," or "strong but not worth that lawyer's time," and (2) other lawyers you could talk to about your case, for any reason at all. You don't have to work with a lawyer you are uncomfortable with, especially if you owe nothing if you lose. Lawyers will generally answer all of these questions in good faith because they give a poo poo about their field and their reputation. Many, more than "the public" thinks, also have strong moral compasses. If you have friends who witnessed the accident, they are also not obligated to speak to the other person's insurance company, who are likely to call your friends for any nuggests they can dig up to help you lose.
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Jun 20, 2022 18:01
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Update on stupid non-compete. That new admin is gone, literally sent out a huffy email and quit on the spot. They tried to strongarm the union and did not take it well when their demands were refused. This person was enough of an rear end in a top hat the CBA that is being worked on for the next cycle is going to have new provisions to hopefully prevent this from happening again. Also most of the staff is trying to reclassify themselves as non-teaching faculty so they can join the union. Good job  .
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Jun 20, 2022 20:37
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Anyone care to answer a question or two on Executor fees in Georgia Probate? I received a packet asking us to OK executor fees in the form of 3% of the sale of estate property. What I fail to grasp is this reads like he's trying to take 3% on the front and 3% on the back end. 3% != 6% last I checked. Also, two of these were willed to myself and another heir and he's wanting his cut on those too. Is this anywhere approaching reasonable? redacted and linked. https://i.imgur.com/6dXsnp9.png
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Jun 22, 2022 16:06
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Intensely jurisdiction specific, but fwiw in Virginia the executor is entitled to ~5% of the gross estate less fees paid to attorneys and accountants assisting them. That includes the value of real estate if the beneficiaries agreed with having the executor sell it through the estate. So in the fairly routine situation of an executor just selling a ~$500k residence and distributing the proceeds of that and ~$500k in financial assets (cash accounts, retirement accounts), they would be entitled to a ~$50k fiduciary fee and nobody on the court side of the equation would really even blink at that.
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Jun 22, 2022 17:11
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Nonexistence posted:Intensely jurisdiction specific, but fwiw in Virginia the executor is entitled to ~5% of the gross estate less fees paid to attorneys and accountants assisting them. That includes the value of real estate if the beneficiaries agreed with having the executor sell it through the estate. So in the fairly routine situation of an executor just selling a ~$500k residence and distributing the proceeds of that and ~$500k in financial assets (cash accounts, retirement accounts), they would be entitled to a ~$50k fiduciary fee and nobody on the court side of the equation would really even blink at that. This website: https://executor.org/resource/executor-fees-by-state/ seems to say that in GA the expected fee is around 2.5%.
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Jun 22, 2022 17:45
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Nonexistence posted:Intensely jurisdiction specific, but fwiw in Virginia the executor is entitled to ~5% of the gross estate less fees paid to attorneys and accountants assisting them. That includes the value of real estate if the beneficiaries agreed with having the executor sell it through the estate. So in the fairly routine situation of an executor just selling a ~$500k residence and distributing the proceeds of that and ~$500k in financial assets (cash accounts, retirement accounts), they would be entitled to a ~$50k fiduciary fee and nobody on the court side of the equation would really even blink at that. The part that is bothering me is the other documents refer to 3%, but the break out sheet is clearly showing 3% pre and 3% post disposal for a total of 6%. This is also being applied to properties specifically bequeathed to other heirs which to a layman like me is even more double-dipping.
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Jun 22, 2022 20:56
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Farking Bastage posted:The part that is bothering me is the other documents refer to 3%, but the break out sheet is clearly showing 3% pre and 3% post disposal for a total of 6%. This is also being applied to properties specifically bequeathed to other heirs which to a layman like me is even more double-dipping. It looks like 2 different events to me - 3% for the establishment of the estate and 3% for the disbursement
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Jun 22, 2022 21:03
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