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Old 10-09-2019, 12:09 PM   #3832
Did you just call me Coltrane?
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Join Date: Mar 2003
Location: Throwing a kettle over a pub
Posts: 14,753
Re: Doesn’t Matter Who Wins the K Race; We’re All the Same

Quote:
Originally Posted by Hank Chinaski View Post
Big Law doesn’t know how to staff and run a limited damages case. I just had a plaintiff case where we estimated dames at $10M. It stared out fairly aggressively fought. All deps that might help etc. both sides. Then a patent marking issues slashed my damages to $2M. We down shifted accordingly. Do we need this or not? The other side Boston Big Law kept sending 5 lawyers to Minneapolis for each hearing or dep.

Then when you get to mediation the guy is all”it’ll cost you each $5M to take this through trial, so you know, settle.” I’m like, dude $250k tops. I don’t know if Big Law doesn’t care or just can’t tailor anything?
One of the first things I do with a client is a cost/benefit analysis of taking the case through (a) SJ stage, and (b) trial. With an estimated budget.

Even if I could bill out at $7-800/hr, I still don't see how I could generate 1/3 of that in fees before any depositions have been taken. Maybe I'm...honest? I don't know. I bill for the work that I do? Granted, the reason they are on their 12th amended complaint is because no one there seems to know how to draft a complaint to get around the economic loss doctrine.

This same Big Law firm asked the court for costs/fees for being forced to respond to an emergency motion (the motion was to stop the plaintiffs from destroying evidence). They filed a 2-page response and asked for $10k.

Denied. And laughed at.
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