How bad is it to forget to shepardize a case (and partner finds one that reverses your conclusion)?

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Better than opposing counsel doing the same thing prior to you filing a brief featuring your busted precedent?

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Depends how junior you are and how obvious the cite was (like was it big news when the law changed). Supervisors expect to have to check work for first-years and then expect you to take more ownership as you advance. But it happens to everyone at some point. I’ve corrected partners after finding cases that update the rule (usually for random state common law developments they had no reason to track).

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I’ve had this happen both ways. I’ve discovered my assigned partner had bad law. He’s discovered my bad law. Once neither of us discovered it until the other side filed a reply brief and we were defending a motion to dismiss. That was embarrassing. My boss is pretty understanding though because I generally try. I still have a job 😂 just maybe go out of your way to find your niche. Become the go to person about something in your firm. For mine, I’m the go to person for finding old laws that aren’t used very often and finding a way to win unwinnable cases using laws most people don’t know exist (doesn’t always work but fun when it does). Also anything covid related. Find something you enjoy doing and become an expert, and people will be more tolerant of human error. But do I think it will be a big deal? No so long as this doesn’t happen all of the time and you generally do good work and seem like you care. They’d be more likely to be upset if you had a pattern of careless errors or seemed like you were thinking about clocking out the moment you arrived at work. I’d say 98% chance you’ll be just fine.

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Additional Posts in Litigation & Arbitration

So here in CA there is a lot of talk about certain jurisdictions doing virtual jury trials. As a firm we won’t agree to it and if push comes to shove we’ll take it up on. Writ. What is everyone else’s opinion?

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What’s the most unprofessional thing you’ve seen in a deposition recently?

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Insurance defense deductions - Billings wants to write off my time because I worked more than 10 hours in one day. What are some ways to avoid cutting my time?

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Recently lateraled as a public defender in HCOL area to ID in LCOL area for $$$. I’ve been at the job a little over a month. My concerns are that I’m getting very little guidance or mentorship, and I’m worried about not hitting billable hours (2000 requirement but I am just over 80 for the first month). I am only in charge of a ~5 cases atm and struggle with figuring out the next steps, etc. I’ve met all my deadlines that have come up. Thoughts or advice?

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It may seem obvious, but in my experience partners value trial experience over anything else, so get it however you can. For example, my firm will favor a former prosecutor who has seen the courtroom a lot but has no civil litigation experience (not even a depo) over a seasoned associate who has only second chaired cases with a partner but hasn’t tried a case. Even trying a case and losing gives you credibility at my firm because you still did it.

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I feel like this is the busiest billable December I’ve had. Anyone else absolutely swamped with work this month?

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Any tips on how to bring in clients to the firm? I do L&E and one of the things my firm goes over during annual evals is whether we bring in business, even for third year associates.

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We calendar court deadlines and internal deadlines. Why do associates disregard internal deadlines?

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2022 HOURS CHECK IN

For those of us whose firms start their FY on 12/1, how did you do on your hours this past year?

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I work in a firm that is known for litigation defense. I’ve been developing my own plaintiffs practice as well. I am able to pay the bills with my hourly defense work, which gives me time to focus on a handful of high value PI case a year on contingency. I was recently negotiating a case and was told part of the reason the claims rep/OC was jerking me around was because they didn’t see me as a plaintiffs attorney. Is there any way to change this perception or does it just come over time?

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Anyone here have any insight on lateraling to Rawle & Henderson? 10 years exp.

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