"ImmoralMinority" (araimondo)
11/08/2018 at 10:19 • Filed to: None
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"ImmoralMinority" (araimondo)
11/08/2018 at 10:19 • Filed to: None | 4
| 7 |
Yesterday, my top associate took the lead in a pre-litigat ion mediation in an ugly sexual harassment case involving two men . Our client employed a monster as a supervisor, but did the right things once it came to light. But it was evident we were going to pay. Fortunately, the client has insurance, so their risk was the deductible. I had told everyone beforehand that if the other side knew about certain evidence that we had just discovered, the settlement value would be in the $500k range, and people on our end were ready for that reality.
Sure enough, they knew, and the negotiations moved toward that number. My guy is a star, and he got a deal for $400K. The victim has very aggressive lawyers, but both they and their client were very happy to get this much money without having to litigate. Sexual harassment litigation is brutal on the plaintiff, with psych exams and very unpleasant discovery. He also comes from a farmworker community, where whispers of homosexuality can get you beaten or killed. What happens to him if my investigator goes out and starts asking whether they had a consensual relationship, as the scumb-er-perpetrator claimed. As of Jan 1, confidential settlements are banned in harassment cases, and this young man wanted confidentiality in the deal. But it all worked out, and he stood to get the $400K without attorney fees taken out. It was a good deal for him, and both sides thought so. Hell, he deserved compensation, and no one feels bad when insurance companies pay.
EXCEPT! At the last moment, the California Department of Fair Employment and Housing (DFEH), whose investigation led to the mediation, decided that they did not agree and told us we couldn’t settle, because they thought he should get $600k, an amount we would have never agreed to pay yesterday. Keep in mind that the victim, represented by qualified and aggressive counsel, decided that HE wanted to take the money now for whatever reasons of his own. He was not duped or trickes or coerced - it was a fair third party mediation. Yet the state told him they will not let him take the money. Yes, this is illegal. The victim’s attorneys are furious, and are planning to join with us to smack down the state. This is why I believe in getting rid of all bureaucracy. This is a god damn civil rights agency preventing an individual from settling his claim for more money than he will ever see in his life with no aggravation. That is a violation of his Constitutional rights. It deprives him of all agency in the remedy for what was done to him.
This is what one-party rule has wrought in California, and why I am looking for a different type of practice for the next phase of my career. This is why I hate paying taxes. This is also why I am delegating these mediations and working behind the scenes - I’ll have another heart attack with this bullshit.
farscythe - makin da cawfee!
> ImmoralMinority
11/08/2018 at 10:38 |
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wait why does the state give a fuck?
and how big a slice of that 600 grand would they get?
Sovande
> ImmoralMinority
11/08/2018 at 10:44 |
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!!! UNKNOWN CONTENT TYPE !!!
Isn’t your entire business model as a lawyer representing corporate clients dependent upon the very bureaucracy you despise ?
It is interesting that the State would care to get involved if the victim is happy with the outcome of the settlement.
Future next gen S2000 owner
> ImmoralMinority
11/08/2018 at 10:44 |
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I could understand if the guy had no lawyers. But if you are represented by even competent lawyers, then WTF? I don’t even live in California and I hate it.
haveacarortwoorthree2
> ImmoralMinority
11/08/2018 at 13:46 |
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So the government gets involved to protect the unwary clients from idiot lawyers. So w hy doesn’t the government do something about the idiot lawyers, like preventing them from getting licensed in the first place or revoking licenses?
Anyway, t he government gets involved to protect the unwary clients from idiot lawyers. How to do this? Create a bureaucracy! Now, how to staff this bureaucracy? Probably with a bunch of non-lawyers with a few lawyers sprinkled in. So what kind of lawyers are you going to work for the state for $80k when they can make 2x or more in private practice? That’s right, shitty lawyers!*
So how does the government bureaucracy protect the unwary clients from idiot lawyers? By doing something about the idiot lawyers — oops, that’s where we got sidetracked at step 1. Instead, let’s do it b y inserting the bureaucracy into mediations and squelching settlements that were negotiated by by opposing parties with the assistance of a neutral third party! And btw, what happens if the defendant decides not to accept the proposed settlement by the bureaucracy? The same idiot lawyer that the bureaucracy didn’t trust to negotiate a settlement now has to try the case! lol How do you think that’s going work out for the poor, aggrieved plaintiff who now doesn’t have a settlement and may end up with a verdict of zero!
But wait, it might be even worse for our plaintiff . (The following is speculation since I don’t practice in Communist California, but would generally apply in the states where I do practice. ) I’m assuming California has an offer of judgment rule — this means that if the defendant formally offers the amount in settlement that the bureaucracy wouldn’t let the plaintiff accept and the plaintiff proceeds to trial and recovers anything less than what the defendant formally offered, the plaintiff may be barred from recovering some if its own costs and must have to pay some of the costs incurred by the defendant. Yay Government!
*This is not to impugn all lawyers working for the government. There are some excellent lawyers out there who for various reasons have decided to work for the government. However, based on 25 years of experience, the vast majority suck due to idiocy, laziness, ideological blindness, or some combination of those.
gettingoldercarguy
> ImmoralMinority
11/08/2018 at 13:54 |
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Baby + bath water = problem solved
Berang
> ImmoralMinority
11/08/2018 at 13:56 |
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“He also comes from a farmworker community, where whispers of homosexuality can get you beaten or killed.”
Love those nice open-minded rural folks.
AMGtech - now with more recalls!
> ImmoralMinority
11/08/2018 at 16:16 |
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I love that the two sides are now joining forces against the idiotic bureaucracy.