We're all next on Paigow's ignore list
 

Yes, but that's not applying federal law. Dumbass. It's like the Defense of Marriage Act.

And if you were at all up on things, you would know that now "Erie" is about retiree medical and age discrimination.

litigation ethics
 

It is absolutely correct that sometimes we are required to walk into bayonets. As Rudyard Kipling* put it, you take the Queen's shilling, you do the Queen's biding. The thin red line is all that stands between civilization and savagery. In times of peace, it's "Tommy" this, and "Tommy" that, but when litigation comes ...

Ahem. I digress. Anyway, my point is that we all have to go in and take lumps for our clients on occasion. That's just the way it is in litigation. I've taken those hits as an associate and as a partner. I've taken them in state court, federal court, and from arbitrators and mediators (the nice thing about taking hits in mediation is that one can yell back at mediators).

I have to disagree with you here. Maybe it has to do with the differences between the way firms are here in the State of Bliss and Atticus Land. But I have never been involved in a case where a GA was forced against her will to make an argument that she felt was a violation of Rule 11 or whatever. Never. Nor have I heard of such a thing (and I am one of those kindly, avuncular GPs who always hear about these kind of problems from GAs).

As to arguments that don't violate Rule 11 or whatever, but which are loser arguments, there is always a way to articulate the client's position without impacting your credibility too much. Judges are not idiots. Many of them actually used to be practicing lawyers. With pain in the ass clients.

I just had a hearing where counsel for a co-defendant had to try to explain why summary judgment shouldn't be entered even though her client conceded in deposition that allegations in the answer about a contract were Not True (she had just entered the case, so she was not the lawyer who drafted the answer). She made her arguments about how high the standards were for summary judgment, and how there were still possible issues of contested material facts, and asserted that her client's position was that the allegations were not inconsistent. The judge said simply, "thank you, Ms. Smith. Motion granted."

*Well, he probably said something like this at some point, even if it wasn't in "Kim" or "The White Man's Burden." You know what I mean.

Confidential to Fringey and Sebby
 

Dears, I do not come to this board to read about the law. If I wanted to do that, I would read some of the crap on my desk or refer to some of the books on my shelves that explain what I should look for when reading some of the crap on my desk. And I really don't want to resort to that. Now quit talking about this obscure "Erie" case.

And is everybody else hiding or are they PMing and IMing with paigow on how to sock? Come out and play!

Confidential to Fringey and Sebby
 

Put him on ignore and just scroll past me for a bit.

Though if there is crap on your desk it would appear that he's been talking in your office, so maybe that makes it harder to put him on ignore.

Confidential to Fringey and Sebby
 

Damn you woman, you just revealed that I edited without improving within the three minute window!

Confidential to Fringey and Sebby
 

Deep breaths.

Happy thoughts.

All things must pass.

(At least, we all hope so.)

Strange Poll
 

Jesus, I thought I'd never catch up.

The strangest thing I have seen lately was a funeral procession parked neatly on the shoulder of a major freeway in rushhour. The hearse had turtled and was laying there upside down with the doors open - no other cars appeared to be involved in the accident. The only thing I could think was - damn, someone must have really had it in for that guy.

-TL

Confidential to Fringey and Sebby
 

This reads like advice for dealing with kidney stones.

Confidential to Fringey and Sebby
 

The symptoms are much the same.

Gigantic pains on the dorsal side.

Strange Poll
 

When did RT start driving a hearse?

Confidential to Fringey and Sebby
 

Addendum. This is the Bilmore of the Day. I didn't have to edit it either. Penske, please hand the Golden Benny over to RP.

Confidential to Fringey and Sebby
 

I was thinking constipation.

Strange Poll
 

Wait, THIS is the Bilmore of the day. SOrry RP, I gave it some thought and yours was not quite as corny and bilmore in fifteen years esque, plus it didnt have the extra bonus credit of flaming a poster.

hand the Golden Benny to Burger.

I apologize folks. THis has been an unprecendented day for would be Bilmores.

Strange Poll
 

ALL days are unprecedented days for the Bilmores.

Confidential to Fringey and Sebby
 

We could tell.

litigation ethics
 

I distinguished a "Rule 11 sanctionable" argument, which I, consistent with your observations, have never agreed to advance on a client's behalf. I was talking about the times in which we make arguments that are not Rule 11 sanctionable, but which cause us to be treated scornfully by judges and which diminish our individual reputations for intelligence and good sense. There's miles of no man's land between Rule 11 and plausible argument.

Of course. It's our job to think of them, and to advise the client when they shouldn't be made. But I think you're overgeneralizing about judges and their reactions when they think their time is being wasted. Out here, many of them are former career deputy DAs, who were never ever forced to litigate cases they didn't believe had merit surpassing a BARD standard of proof. These esteemed persons are not equipped to sympathize with my plight. They think lawyers decide which cases to settle, and which to litigate, and how.

Most of the other state court judges were not in high-stakes civil litigation, because all the lawyers who were could not afford to take the steep pay cut involved in taking the bench at the same time one's kids are reaching college age. They, too, are not equipped to know what it's like to have a GP tell you that hundreds of thousands of dollars in firm business relies on your maintaining that confident, "can do" attitude, even in the face of a judicial order, the spirit of which cannot be mistaken even if the language of which can be loopholed.

litigation ethics
 

If you are dealing with former federal DAs, Ashcroft's new "never plea bargain, take everything to court" policy should cause a shift in this attitude. In a few decades.

Strange Poll
 

But does it still count as a flame if the intended recipient does not perceive it as such?

And Atticus, enough on the law stuff, huh? If I have to read that, someone needs to be paying me by the hour.

-TL

Confidential to Fringey and Sebby
 

Here and ready to play!

Puppy, should we play fetch? Here, you go, get the ball! :rolf2:

Confidential to Fringey and Sebby
 

Ladies and Gents

I bring you a new genre of sock. Well, its been around a long time, but has never really been named. I dub this The Dead Fish Sock. It lies there, it does nothing, but it stinks up the joint.

Confidential to Fringey and Sebby
 

Stop breaking the board, dammit.

We're all next on Paigow's ignore list
 

Exactly, you fucking moron. Tenancy by entireties is STATE LAW. Some states have it, some states don't. Some states allow for partition, some don't.

And we were never limited to merely discussing Federal law here. You were forced to argue in that context becuase the cite you provided was irrelevant to my point.

My point, in case you haven't forgot, is that no ordinary (not fed tax lien holding) judgment creditor is going to punch through a tenancy by entireties. You've cited nothing to the contrary expect a wholly inapplicable case involving exclusively tax liens. To suggest that you reasonably assumed that in my initial statement where I said I was judgment proof, I was referring to Federal tax liens would strain credulity. You brought a tax lien argument to a standard judgment creditor v. tenancy by entireties argument. That sort of argument, my dear, is alawys politely dimissed as "misplaced."

Oh, and by the way, honey, I've used t by e with success against fed forfeiture claims, so I'm not even certain your original hypothesis holds any fucking water. Stay in the library and leave the arguments to those who've actually made them before.

I want my ketchup back
 

I take a couple days off and this is the best all y'all could do? Damn. Where's the spark, the zing?

The most insightful post of the last four days was also the most obvious. Fringey's constipated. Big deal. I've known she's full of shit for years.

Strange Poll
 

Two questions:

1. Was the bar in Chelsea? and

2. If so, did you two dance?

http://www.gay.ru/irkutsk/men4.jpg

TM

Strange Poll
 

I'm blind! You've struck me blind!!!

We're all next on Paigow's ignore list
 

As the mod here, I have an extremely high tolerance for bullshit posts, so it has taken me this long to say:

take it to the big board, or shut it!

Strange Poll
 

And I'm worried about the IT people. TM, what exactly is your firm's internet use policy? Because I would not dare to visit the sites you do in your quest for humorous pics. In fact, I just clicked off the show images toggle. For those of you who don't show links instead of images, just right click and select properties. You'll be amused by this one.

Strange Poll
 

Is it the nakedness, or the chimpanzee quality of the nakedness that's the problem?

Strange Poll
 

For IT, the near nakedness and possibly the site from which the pic sprung. For me, the wooliness, the tan line, the stache, the pose, the whole shebang (or hebang, anttwat).

Strange Poll
 

I don't think he's banging many shes.

Strange Poll
 

What about the obvious merkin?

Strange Poll
 

Yeah, I bet their productivity is now pretty much shot for the day.

Strange Poll
 

No more editing for you, missy. Really.

Blindness
 

Too funny. In an effort to get to the next page so I don't have to keep looking at "the bear," I will ask a question that usually gets some good stories - since I have never seen anything as weird as you people - and have never seen a clown driving.

WASHINGTON, Sept. 23 — Nine experts on a NASA space safety advisory panel have resigned in the wake of sharp criticism from the Columbia Accident Investigation Board and by Congress, the space agency said Tuesday. THE MEMBERS of the Aerospace Safety Advisory Panel and two staff members of the panel sent letters of resignation to NASA Administrator Sean O’Keefe.
The ASAP chairman, Shirley McCarty, said in a cover letter to O’Keefe that the resignations “will give you and the Congress the freedom to revitalize the panel and reshape its charter and mission.”
In a statement released by NASA, O’Keefe said he accepted the resignations.

So here's the question...ever just walk out on a job? Say fuck it I'm out of here?

I have a feeling that some of you hotheads out there have done this. I once worked for the worst manager EVER in a job I got right out of college. He sucked. So I went to lunch, had a few drinks and was going to tell him how much he sucked at his job right before he left, so that he would have to work late. After I entered his office and was going to read him the riot act (what is the riot act?), I discovered that the combination of alcohol and leaving this guy with one less employee to yell at made me so happy that all I could do is say - you know what - I quit. No story, no reason just quit and walked out the door, gathered some of my stuff and went home. One of the happiest days of my life.

We're all next on Paigow's ignore list
 

Funhater. This tenancy by entireties discussion was making me hot.

Strange Poll
 

Whoa. We were thinking the same thing at the same moment. Eeeeerie.

We're all next on Paigow's ignore list
 

I'm still confused. It sounds like one of those personal-empowerment sessions for insecure renters.

Strange Poll
 

That was the wooliness that sent me to the user cp. And I think I blushed when I saw it.

Strange Poll
 

Let's not bring Erie back into the discussion. And considering the fact that the entire board was thinking that at the same time, it isn't even a coincidence.

We're all next on Paigow's ignore list
 

I'm sure you could continue it by PM with sebby. If you move to an in-person "discussion" please film it.