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suck up
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Jun 9, 2018 16:03
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Mr. Nice! posted:suck up
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Jun 9, 2018 16:12
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Discendo Vox fucked around with this message at 04:03 on Jul 13, 2021 |
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Jun 9, 2018 16:40
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This morning at a park, my kid put himself in a jail then said "oh no daddy the police are coming, dead them dead them I want you to make them dead." So proud
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Jun 9, 2018 16:41
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Discendo Vox posted:vvv just you wait, he's going to grow up to be a PD. If HHD Jr. end's up a lawyer then he has failed as a father.
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Jun 9, 2018 16:56
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Josie Lawrence and Richard Vranch can improvise Sondheim. Which is why they are the best.
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Jun 9, 2018 18:01
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echopapa posted:Josie Lawrence and Richard Vranch can improvise Sondheim. Which is why they are the best. While impressive, Ryan Stiles trying to quickly ditch his stash when the guy says he's a cop is the funniest part of the video.
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Jun 9, 2018 18:05
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Discendo Vox posted:Imagine Cats, but everyone onstage has a British accent and is quasi-ironically wearing monacles, pith helmets and bonnets. Simultaneously. I don't want to imagine any of those things.
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Jun 9, 2018 18:14
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Roger_Mudd posted:I don't want to imagine any of those things. I like to imagine shows where people just talk to each other rather than sing about the mundane minutia of life.
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Jun 9, 2018 18:17
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Hanging out with summer associates makes me feel 50 years old. These kids follow you around like a fly looking for a honeypot even though we junior associates are just as much powerless, overpaid drones as they are.
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Jun 9, 2018 21:27
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I had a big oral argument yesterday. The state let me spend up to 15k to hire a consultant (big law partner) to prep me for the hearing. I told them I'm likely to lose no matter what, and we're just going to have to appeal. Nevertheless, we went forward. I don't know the result, but I've never felt more confident in court. It was pretty neat. You big law guys have some nice digs. It was like a dad telling me how to shave.
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Jun 9, 2018 21:35
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Hot Dog Day #91 posted:I had a big oral argument yesterday. The state let me spend up to 15k to hire a consultant (big law partner) to prep me for the hearing. And you didn't even have to blow the guy? Sweet. Man, I would have loved any goddamned guidance at all for any loving thing at any point. Figuring out litigation on your own is herculean bullshit.
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Jun 9, 2018 21:45
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I have a lot of guidance but my normal work dad was busy so we hired an outside new work dad. Any Texas attorneys willing to be a consultant in the future? It was actually really helpful.
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Jun 9, 2018 23:18
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Mr. Nice! posted:I like to imagine shows where people just talk to each other rather than sing about the mundane minutia of life. I haven't quite worked out the format of the rejoinder, but I know it involves The Iceman Cometh.
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Jun 10, 2018 02:51
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I have no adult supervision. It rocks.
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Jun 10, 2018 02:53
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Discendo Vox fucked around with this message at 04:03 on Jul 13, 2021 |
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Jun 10, 2018 16:15
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I've got my first court appearance tuesday. Every couple of months they hold a veteran's treatment court here in town to adjudicate criminal cases where the veteran meets certain qualifications. The vast majority of these cases are people who have had licenses suspended (your license can be suspended for nearly anything in FL) and have had fines/tickets/warrants rack up. The local judge will cut the fines in half and assign community service for the balance. I don't have my bar card yet, but I'm good to go as a certified legal intern in the state so I'll appear regardless with a few of these cases while one of the licensed attorneys present actually signs off on it. It's not paid, but it helps people out and I get to bullshit with a judge for a minute while he goes over the rules with the veteran on their sentence. Some cases do come through the court that are legit crimes and these people have proper PDs or lawyers and have had the whole time. The judge focuses on treatment over incarceration if at all possible, though, which is really cool and good.
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Jun 10, 2018 16:29
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Working treatment courts (sorry, I'm supposed to call them "problem-solving courts") can be pretty amazing. Our drug court turned 2 years old recently, and we've seen some startling transformations from people who were bound for significant prison terms. They're now thriving members of the community, working, engaged in charity work, etc. It's ALMOST like substance use disorder is a medical condition and not a moral failing to be criminalized. WHO KNEW?
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Jun 10, 2018 16:43
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Yup. We’re dealing with people with PTSD. People whose income is only what the VA pays them if even that. People who have been rendered jobless and homeless by lovely circumstance and a couple of bad decisions, but the success rate coming out is phenomenal.
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Jun 10, 2018 17:13
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Discendo Vox posted:At some point I'd be curious to compare the pro legal strategies for court persuasion, speaking and communication with the material I've covered teaching and studying practical communication and public speaking academically. Based on what I've found in medical communication training, I'd expect some real whiplash. Arguments to Supreme Court of Texas are posted online as video and audio. I mostly watch to see “what not to do.” In fairness to the participants, Monday morning quarterbacking is very easy.
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Jun 10, 2018 17:40
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Discendo Vox fucked around with this message at 04:03 on Jul 13, 2021 |
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Jun 10, 2018 20:41
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Jury trials are a much better source of persuasive argument in my opinion. Appellate arguments are a different animal, much more rule- and appeal-to-authority-based.
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Jun 10, 2018 22:34
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Phil Moscowitz posted:Jury trials are a much better source of persuasive argument in my opinion. Appellate arguments are a different animal, much more rule- and appeal-to-authority-based. Also often resolved more based on the standard of review than anything else. “Abuse of discretion? Get hosed.”
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Jun 10, 2018 22:52
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Phil Moscowitz posted:Jury trials are a much better source of persuasive argument in my opinion. Appellate arguments are a different animal, much more rule- and appeal-to-authority-based. Yep. I’d recommend chatting with a jury consultant if the opportunity arises - they often have a lot of influence on trial approaches. Not in which legal arguments to pursue, but in how to convey them to jurors most effectively.
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Jun 10, 2018 23:16
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Phil Moscowitz posted:Jury trials are a much better source of persuasive argument in my opinion. Appellate arguments are a different animal, much more rule- and appeal-to-authority-based. You pretty much win or lose the appeal on your brief. Oral argument is just masturbation.
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Jun 11, 2018 00:34
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ActusRhesus posted:You pretty much win or lose the appeal on your brief. Oral argument is just masturbation. Hahaha, and your record! I was trying to be polite.
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Jun 11, 2018 00:57
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Discendo Vox fucked around with this message at 04:03 on Jul 13, 2021 |
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Jun 11, 2018 01:21
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Discendo Vox posted:Agreed re: jury argument, with all posters. Still curious to know what "winning strategies" are floating around. Glancing at jury consultancies, it looks like exactly the bloated, parasitic cargo cult I was expecting. Jury consultants are the ultimate snake oil salesmen. If you win the case, it just goes to show how valuable they are. If you lose its because of the lawyers performance. Sign me up!
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Jun 11, 2018 02:40
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You know what I love most about appeals? Minimal direct contact with the parties. Maybe I have to send a letter here or there -- your brief is late, file it or we'll dismiss your case -- but it's basically so much more peaceful than the normal glut of trial-level stuff. (I'm waiting for The Future, when research attorneys are undisturbed by litigants and just float in tanks, like Guild Navigators in Dune or precogs in Minority Report.)
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Jun 11, 2018 02:54
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I miss appeals. Less drama. Less douche nozzles.
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Jun 11, 2018 03:41
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The only time I dealt with a jury consultant was when one helped me set up a trial simulation, with real people. It was no small logistical undertaking, putting together the appropriate venire, assisting with preparation of materials, etc. My client really wanted to do it, so I had no problem with it. It was a case with $5M in exposure, with really unique facts and lots of video deposition and other relevant media. Very interesting case. I found the simulation useful in several areas, but I’ve never dealt with one during trial. My senior partner is a master jury picker, he would never think he needed one (but he may just never have had the right case for one).
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Jun 11, 2018 03:43
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When exposure is big and your client has infinite funds, always hire consultants.
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Jun 11, 2018 04:28
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Oh hello, performance review given by two partners I work less with and not with the one partner that literally 2/3 of my work comes from this afternoon. How are you, performance review given by two partners I work less with and not with the one partner that literally 2/3 of my work comes from this afternoon?
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Jun 11, 2018 16:28
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Whelp. There it is. The dumbest loving argument I’ve ever heard.
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Jun 11, 2018 18:19
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Phil Moscowitz posted:The only time I dealt with a jury consultant was when one helped me set up a trial simulation, with real people. It was no small logistical undertaking, putting together the appropriate venire, assisting with preparation of materials, etc. My client really wanted to do it, so I had no problem with it. It was a case with $5M in exposure, with really unique facts and lots of video deposition and other relevant media. Very interesting case. I found the simulation useful in several areas, but I’ve never dealt with one during trial. My senior partner is a master jury picker, he would never think he needed one (but he may just never have had the right case for one). Yep. And the good ones not only set up the mock for you (and do the work of making sure your mock jury pool is relatively similar to your real jury pool) but can provide some thought on how to effectively communicate to those jurors. Mostly they're just a second check (without a law degree or expertise in the particular case area) on whether what you're saying is going to make any goddamn sense to a juror with an 8th grade education, and in making sure that you fit aspects of the argument to the jury pool. If a jury consultant had ever used the words "power pose research" we'd have fired them.
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Jun 11, 2018 18:21
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Discendo Vox fucked around with this message at 04:03 on Jul 13, 2021 |
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Jun 11, 2018 18:51
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My desk. I weep for our profession.
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Jun 11, 2018 18:54
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Discendo Vox fucked around with this message at 04:03 on Jul 13, 2021 |
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Jun 11, 2018 18:58
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Long and short of it, kidnapping at common law was any restraint on movement. CT adopted another statute unlawful restraint. Legislative intent is that kidnapping requires more than restraint incidental to the offense. Example: moving someone from couch to floor in a sexual assault = unlawful restraint. Moving them to a different room and leaving them bound and gagged afterward = kidnapping. Juries are supposed to be instructed. Case saying that applied retroactively. So under some fact patterns a kidnapping conviction (but not the other convictions) can get kicked if a jury could reasonably find the restraint was merely incidental. Apparently forcing someone into the trunk of a car at gunpoint, driving them to a second car. Putting them in the trunk again. Driving to a building. Marching them across a parking lot, and forcing them up 2 flights of stairs is merely incidental to raping them. (He did this multiple times btw) Shouldn’t be surprised. Same lawyer who claimed ineffective assistance because trial counsel didn’t get his mentally competent but complete douchebag client to refrain from pissing in the courtroom.
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Jun 11, 2018 19:36
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ActusRhesus posted:Apparently forcing someone into the trunk of a car at gunpoint, driving them to a second car. Putting them in the trunk again. Driving to a building. Marching them across a parking lot, and forcing them up 2 flights of stairs is merely incidental to raping them. (He did this multiple times btw) That's the "dumbest loving argument you've ever heard?" Do you even sovcit bro?
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Jun 11, 2018 19:42
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