Ups and Downs, but these are mostly downs.

Kinja'd!!! by "ImmoralMinority" (araimondo)
Published 06/22/2017 at 20:58

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This is an odd business of human behavior I am in, and very unpredictable. I deposed a witness today who previously fired her lawyer, and told my client that everything in the lawsuit was a lie, and the lawyer made it up. She even signed a sworn affidavit to that effect.

Kinja'd!!!

Kinja'd!!!

This is the view from the hotel I was at in Monterey. Today at her deposition, she retracted all of that and testified to support the violations that are claimed in the lawsuit. My client is going to have to settle, so our strategy has to change to damage control.

Kinja'd!!!

Tomorrow I mediation for a Portuguese immigrant dairy farmer who is grist in the mill of California’s slowly dying dairy industry. Ever increasing regulation has driven up the cost of production, and the government-set milk price spends more and more time where it is less than production costs.

Admittedly, my client fucked up. If they fight this case, they will lose 10/10. Their worst case exposure is about $7 million. They have 2 dairies, and one lost almost $5 million last year. The ranches are leased, and the cows are secured by loans worth more than the cows. My job is to save these farms to keep milking in the hope it all turns. It feels fucking impossible. Maybe I can make a miracle.

Not a lot of fun this week. Hopefully, I have some victories ahead of me. You just can’t control everything in these cases. Sometimes, the facts, or the money, or the intractability of the problem renders your skills and passion irrelevant.

Ironically, I actually believe in workers’ right to safe, reasonable working conditions, free of harassment and discrimination, and a fair wage for their work. But very few of my cases are about that or really help workers. Most are irrational government bureaucracies or greedy attorneys profiteering off of a well-intentioned set of laws that enables them. I am stupid. If I had switched sides 10 years ago, I would be a rich man today. The whole thing is a god damned mess.


Replies (12)

Kinja'd!!! "ADabOfOppo; Gone Plaid (Instructables Can Be Confusable)" (adabofoppo)
06/22/2017 at 21:26, STARS: 0

There are two kinds of wealth: money and spirit.

While indeed you could have made vast sums of money by working for the other side in your profession; I suspect you would find you still lack something in your life that no amount of money can ever seem to buy you.

That may not give you solace this evening, but trust that you made the right choice because YOU are the one fighting FOR these people who have no one else to do it for them.

Kinja'd!!! "My X-type is too a real Jaguar" (TomSlick)
06/22/2017 at 21:27, STARS: 0

I come from a long line of Michigan Dairy Farmers, that story makes me very angry, dairy products should be local, farmers should be able to make a living from selling their milk. According to my cousins in the biz Price Controls will lead to “Nothing but that irradiated crap milk” on store shelves in some states.

Kinja'd!!! "gmporschenut also a fan of hondas" (gmporschenut)
06/22/2017 at 21:28, STARS: 1

In my area its Nimbys. though i see two side. Some are stupid, don’t move next to an airport if you dont’ like jets. but then there are legitimate cases where, 15 years ago you had 100 cows and now you have 200 and the green hills are just torn up mud/shit from all the cows.

Kinja'd!!! "EngineerWithTools" (engineerwithtools)
06/22/2017 at 21:31, STARS: 0

Mr. Immoral,

If you lived in IL...well honestly you’d be just as frustrated but have snow to deal with....but anyway, I’d buy you a beer. (New Glarus in WI makes some good ones.)

People often don’t think of genuine compassion, and principled resolve when they think of lawyers, but that seems to describe you. It might be a stereotype, but you clearly don’t fit it.

Kinja'd!!! "razorbeamteam" (razorbeamteam)
06/22/2017 at 21:52, STARS: 0

Is the farm in a Co-op? My understanding is that it is very hard to operate a dairy farm without being in one

Kinja'd!!! "Baskingshark" (Baskingsharks)
06/22/2017 at 23:13, STARS: 1

Hey you are in my neck of the woods! I hope you made it outside, it’s rare the weather is this nice in June. Usually Monterey gets the June gloom that is miserable.

Is the dairy you are headed to in Hanford? That’s where I grew up and there are quite a few Portuguese dairies in the area.

Your client sounds fucked! Maybes he should quit the cow business while he can and grow almonds or something.

Good Luck!

Kinja'd!!! "RallyWrench" (rndlitebmw)
06/23/2017 at 00:12, STARS: 0

How in the fuck does it work that she said (swore!) the whole suit was bullshit, but that doesn’t matter?

You mentioned failing dairies, does that apply to large and small operations? Maybe a dumbass question, but we recently started getting Rosa Brothers milk here, so I’m curious now you mentioned it.

Hope your weekend looks up.

Kinja'd!!! "random001" (random001)
06/23/2017 at 06:53, STARS: 0

This is all Jezebels fault, isn’t it?

http://jezebel.com/adults-should-not-be-drinking-milk-1685033047

Kinja'd!!! "DAWRX - The Herb Strikes Back" (karsonkinja)
06/23/2017 at 08:30, STARS: 0

What the hell kinda “article” is that??

Its like they ran out of things to be snarky about for the day so the author looked around the room, saw the milk and thought “oh yeah, imma getchu you stupid milk”.

Kinja'd!!! "random001" (random001)
06/23/2017 at 08:34, STARS: 0

Yeah, I don’t know. I saw it awhile ago, had to google it back up. It’s stupid. But the Dairy farm thing jogged my memory.

Kinja'd!!! "RPM esq." (rpm3)
06/23/2017 at 18:49, STARS: 0

If that co-op is big enough to manipulate federally-regulated milk prices in order to simultaneously put non-members out of business AND pay its members less for their milk, you might find that you can’t live with ‘em and can’t live without ‘em.

https://www.bloomberg.com/news/articles/2017-03-23/dairy-farmers-say-someone-is-stealing-their-milk-money

Kinja'd!!! "razorbeamteam" (razorbeamteam)
06/23/2017 at 19:51, STARS: 0

Oh wow. My firm (advisory) bid on a co-op earlier this year so I learned all about them. Fascinating business model. If they are run well, everyone makes as much milk as they can. If not, everyone has to pony up to keep the thing going to run the cheese and dry milk plants.