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Any family lawyers here?
Pro
Does realization rate as an associate matter?
Chief
Me. Every single day. Since I started practicing.
Pro
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On an FLSA case, we tried to settle with the plaintiff by offer 80% of the claimed amount. That's a great offer (I think). OC's response? "So when do we have our ESI conference?" Never, dumbass. We send an offer of judgment. It is rejected.
Instead, we send a new offer ALONG WITH A CHECK, paying her 100% of her claimed damages and asking for invoices documenting attorneys' fees so we could evaluate the claimed attorneys' fees amount. OC refused to provide invoices or time info. Fine. We don't want to fight, we'll just pay you 100% of your claimed attorneys' fees. We literally are at the complaint stage. There has been no discovery.
OC REJECTED THE OFFER. Instead, the counsel demanded that we hold a hearing on attorneys' fees, including DISCOVERY RE: ATTORNEYS FEES and briefing. Why? To get more attorneys' fees of course.
So finally, we send this OC binding case law from the jurisdiction that says that, when an attorney clearly just tries to increase its fees on an FLSA case, the appropriate amount of attorneys' fees is $0. *chef's kiss* Perfectly on point. I also do a search for this OC in PACER and find like three other cases in this jurisdiction where status reports and motions were filed, alleging very similar facts regarding this OC (i.e., that she is seeking excessive and unreasonable attorneys' fees and trying to drive that number up). We let this OC know that we will be including this info in our joint status report and also filing a motion for sanctions. She blusters a bit - You can't include confidential settlement discussions! Uh, in trial maybe. But the rules of evidence don't apply to a status report.
They caved.
Pro
Not sure if they do PI but this was a wage claim.
I’ll start. Recently had OC claim to have Covid to postpone an MSJ when he didn’t have it, social media showed him in Mexico.
Yep. Did nothing about it.
When I was a 1L intern, my managing attorney caught a completely fabricated quote in a motion from opposing counsel. (The quote was cited as being from a case)
Yep - they totally made up the quote. Couldn’t find it on WestLaw, Lexis, or Google.
Pro
While the judge was in chambers deciding after oral argument, OC said (about me): "I just want to smack the smile off of her face." (Yes, I won.)
Threatened to expose privileged client information to numerous outside parties if said former client didn’t give into a set of demands.
Quoting a case for a proposition that was the direct opposite of the holding.
I see this a lot!
Divorce case. OC sent a separation and settlement agreement directly to my client, even though they knew full well I was in the case. My client (stupidly) signed it and sent it back. OC still never sent it to me. I didn’t get it until I threatened a bar complaint. Which I filed anyway.
1. Pre-electronic days. OC took a deposition exhibit (photo) and switched it with another because he didn’t like something the pic captured about the scene. 2. OC cited trial court opinion as precedent that had been reversed years earlier. Lost motion but appealed anyway. One of my favorite appellate arguments ensued as I watched OC squirm and get berated at argument—and then panel told me I didn’t have to say a word b/c they already had their decision.
A prosecutor say he was not negotiating a deal because a bilingual Spanish speaking in-custody defendant requested a translator and the case had to be continued for translating accommodations. Prosecutor was mad about having to get the case continued, thus pulled the deal.