Stall Tactics

  • Law

  • Apartment association calls eviction mediation a stall tactic. [Nevada Current
  • Ballot question 4 asks if certain statutory voting rights should be added to the Nevada Constitution. [Nevada Current]
  • Nevada democrats will appeal ruling in $100 million taxation case. [Las Vegas Sun]
  • Daniel H. Stewart opines on stepping back from the ledge on the Supreme Court nomination. [TNI]
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Anonymous
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Anonymous
September 23, 2020 5:17 pm

I have a negotiating question, is it ever good to start with the initial offer? I do not think it is, as you could be undercutting yourself. Thoughts?

Anonymous
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Anonymous
September 23, 2020 5:28 pm
Reply to  Anonymous

On the other hand you can also set the starting point, which can be helpful in many instances. I don't see most Defendants as bringing opening offers that will blow your client away.

Anonymous
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Anonymous
September 23, 2020 10:58 pm
Reply to  Anonymous

Behavioral scientists generally recommend starting with the initial offer. You have the ability to "anchor" the discussion and setting the parameters. Go to a car dealership and see if they ask you to make an offer or if they sit down with some ridiculous open. They are going to open every time.

Read some of the work Kahneman and Tversky have done on anchoring bias and the effect the first offer has on the final result.

Anonymous
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Anonymous
September 23, 2020 11:38 pm
Reply to  Anonymous

I don't think it's a problem, but I think you should be able to articulate a basis for the number, and also start with a number that's not totally disproportionate to your target. All the time I get million dollar demands for $10k cases, and it really stops negotiations in their tracks.

Anonymous
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Anonymous
September 23, 2020 5:37 pm

Breonna Taylor, no murder charges. Is this a fucking joke??? This is worse than a Nevada Court of Appeals ruling. #blacklivesmatter #justiceforbreonna

Anonymous
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Anonymous
September 23, 2020 7:07 pm
Reply to  Anonymous

Her drug dealing boyfriend opened fire. What do you expect? Don't want to die in gun fire? Don't date thugs. Boom. Take your irrational hate elsewhere.

Anonymous
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Anonymous
September 23, 2020 7:08 pm
Reply to  Anonymous

Go burn down a Starbucks.

Anonymous
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Anonymous
September 23, 2020 7:08 pm
Reply to  Anonymous

#JakeGardnerslifemattered

Anonymous
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Anonymous
September 23, 2020 7:14 pm
Reply to  Anonymous

Complaint: I reviewed the spectrum of sites including Huffington, CNN on one end and Breitbart and Fox on the other. I cannot even glean the basic facts of the story. My complaint is the media sucks! It ranges from the nice guy heard invaders unknown coming in and acted in self defense to what's an officer to do when being shot at. No matter where you are in the political ideology does anyone have somewhere I can look just for basic facts? Wikipedia? Anywhere else? Serious question.

Anonymous
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Anonymous
September 23, 2020 7:17 pm
Reply to  Anonymous

#breonnataylorforever #blacklivesmatter

Anonymous
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Anonymous
September 23, 2020 7:18 pm
Reply to  Anonymous

The officers, based on probable cause, had a "no knock" warrant because MMrs. Taylor had long standing ties with a prior drug-dealing boyfriend, for a search. They actually did knock, and at the time, her new drug dealing boyfriend opened fire. While it is extremely unfortunate that one of rounds struck her and killed her, there would be no news story on this if the round came from her new drug dealing boyfriend instead of the police that were returning fire. Again, very unfortunate freak occurrence – but is clearly no murder. I suspect the officers will be eventually acquitted by the jury of all charges.

Anonymous
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Anonymous
September 23, 2020 7:22 pm
Reply to  Anonymous

10:37–interesting that people decide on what the disputed "facts" are based on which side of the political spectrum thy are on. More left leaning contingencies, including Black Lives Matter, will assume the worst factual scenario against the police(that the police entered unannounced and started firing) while more so-called Law And Order, and right-leaning contingencies, will assume the factual scenario most beneficial to their position(e.g,. the police announced, but were fired upon, and had to defend themselves, etc.).

But I prefer not to create or twist facts based on what political/social conclusion I wish to reach, so let's try to take an objective look at the facts.

The police initially had a "No Knock Warrant" but it was subsequently changed to a "Knock On Arrival Warrant".

They claim that the did announce, yet were fired upon and thus returned fire. But 11 witnesses insist they did not announce, and therefore when Ken Walker(Ms. Taylor's boyfriend) began firing he thought that the home was being invaded, so he feared for the lives of him and the other occupants.

Now problem appear to be that we need to just look beyond what the cops say, and what the occupants of the house say, as both versions may be inherently unreliable, or at least heavily tainted, for obvious reasons.

Now my understanding(but admittedly the reporting has been a little sketchy and somewhat inconsistent on this issue so far) is that as far as any objective, outside witnesses(who are neither the cops nor the occupants) that the police DID NOT announce.

And if that's true, Mr. Walker's perception(that a very loud, enraged breaking and entering by what sounded to be multiple people screaming threats and demands)constitutes an invasion by people trying to do real harm) is NOT unreasonable on his part.

So, if objective witnesses do in fact support that the police did not announce, then their actions led very directly, and very foreseeably, to the death of an occupant of the home, that being Ms. Taylor.

So, not wanting to judge these matters based on my political leanings, but attempting, to the best extent reasonably possible, to judge the matter on the reported facts, when we peel away at this it would seem to be a highly problematic shoot, to say the least.

Again, if they did not announce, and it was therefore not unreasonable for Mr. Walker to take the actions he did, then I agree with 10:37.

Of course, the reported "facts" can largely change over time and/or remain largely disputed. But when they do, the best source remains to always look to any independent witness with no real dog in the fight.

Anonymous
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Anonymous
September 23, 2020 7:22 pm
Reply to  Anonymous

If you dive into a pool you may get wet, if you stick your hand in a pile of poop it may come back nasty and if you date drug dealers you may get shot. Seems kinda common sense to me. I do not fear getting shot in my bed because I am not around anyone the police would want to shoot. That being said, I do feel sorry for her family as they did not make the choices that she did and they are also victims of HER choices.

Anonymous
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Anonymous
September 23, 2020 7:41 pm
Reply to  Anonymous

12:22–I'm the earlier 12:22(meaning you responded in less than a minute. So, well done).

I believe we need to start with the existing facts at the time, surrounding the actual incident.

If it turns out that Walker was precluded from legally owning a gun and/or that he feared it was rival gang members or criminals invading to visit vengeance upon him, those issues are largely distractions to poison the well.

Remember, a police shooting incident, by its very definition, seldom involves totally innocent people walking down the street, minding their own business. Instead, a police shoot is almost invariably based on some angry confrontation or aggressive or dramatic interaction.

So, if a shoot is bad, the fact that victims are usually not necessarily wonderful, saintly people(as they are often understandably portrayed by surviving family members) really does not matter.

Proper protocol and procedure needs to be followed, and improper, serious over-reactions(that result in maiming or death) can and should generate law enforcement culpability

Anonymous
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Anonymous
September 23, 2020 7:45 pm
Reply to  Anonymous

All the cops can do is follow procedures. Here, it appears cops did just that. Next: the Floyd cops will be acquitted because they meticulously followed the book.

Anonymous
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Anonymous
September 23, 2020 7:56 pm
Reply to  Anonymous

12:41,very true.

But it gets even worse because the distracting issues people raise appear not even to be true.

Walker was a licensed firearm carrier, and no drugs or anything illegal was found on the scene.

Anonymous
Guest
Anonymous
September 23, 2020 8:58 pm
Reply to  Anonymous

12:14, you are not alone in your frustration. The media has lost their fact-reporting way. Everything they put forth is contaminated with their pre-determined narrative and we the public suffer. Time to dig up Cronkite and put a mic in front of him. Well, in spirit at least.

Anonymous
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Anonymous
September 23, 2020 11:46 pm
Reply to  Anonymous

I think 12:14 hits on a really important point. Why wouldn't people be totally inflamed over the press portrayal of any one of the BLM police shootings? If you take press clippings at face value, all these cops are cold blooded killers. I think the narrative is unfortunate because grand juries see a different and probably fuller set of facts, and their decision therefore doesn't seem to square with media portrayals. I think this can cause the public to lose faith in the justice system when, e.g., Freddy Gray cops, Breonna Taylor cops, Michael Brown cops, etc. aren't strapped to an electric chair, but are instead let free. Unfortunately, totally objective journalism doesn't sell or generate clicks, so we're stuck trying to square contradictory portrayals in HuffPo, CNN, Fox, and OAN.

anonymous
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anonymous
September 23, 2020 11:53 pm
Reply to  Anonymous

The above discussion illustrates why body cams should be mandatory under all circumstances.

Anonymous
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Anonymous
September 24, 2020 12:04 am
Reply to  Anonymous

Actually bodycams don't tell the whole story, either. It is a small snippet of what occurred at that moment, as seen in the narrow view of the camera lens. High level use of force situations are complex. 4:46 correctly notes that the grand jury gets the full set of facts. My opinion of what occurred does not matter. The grand jury's opinion should, and does, matter.

Anonymous
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Anonymous
September 23, 2020 5:41 pm

I have been working in a small firm for a number of years. I originate about $400,000.00 a year in revenue (cash basis, not accrual). The owner of the firm is unyielding about giving up any equity. I am an idiot for not hanging out my shingle a few years ago. I am ready now, I think. I would like tips on the transition, especially moving clients over to my new firm. The owner has little to no contact with my book. I would like to preserve the relationship with my current boss. I would also like to make sure that I move the clients quickly and cleanly. FWIW, at this point, I am probably not interested in an equity arrangement with my current boss. Good person, great lawyer, but it's time to go in different directions.

Anonymous
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Anonymous
September 23, 2020 6:52 pm
Reply to  Anonymous

Separations are seldom pretty when you take business with you. Mine, however wasn't all that bad. And we stayed reasonably cordial.

Perhaps let current boss propose the separation terms. That's what I did when I left the small firm and went solo. FYI, the deal he proposed to me was more beneficial to me than what I would have proposed myself. If he's the "good person" you say he is, you may receive similar treatment.

Anonymous
Guest
Anonymous
September 23, 2020 7:11 pm
Reply to  Anonymous

11:52,

10:41 AM here. Separation terms? I'm an at-will employee. What specific terms did you have to work out? In my mind, I envision giving my boss notice and sending out letters to my current clients along with retainer agreements and substitutions. Your comment makes me feel like I'm missing something. TIA.

Anonymous
Guest
Anonymous
September 23, 2020 7:17 pm
Reply to  Anonymous

Late for a meeting but real quick – I was making 52K in family law – went on my own and made over $300,000 first year. My advice – do it! The ONLY reason a lawyer should work for another is for equity or learning – it is seriously hard to think of another reason unless principled like CPS, LACSN, government, etc. – good luck!

Anonymous
Guest
Anonymous
September 23, 2020 7:18 pm
Reply to  Anonymous

1. Send notice to your clients. Give them the option to stay with firm or find new counsel.

2. Get out.

That simple. Good luck!

Sample:

I am writing to inform you that as of ______ I have terminated my employment/relationship with ______. As a client, you have the right to choose your counsel. In order to ensure a smooth transition, please make your selection by checking the appropriate box:

1. Stay wit Team Winning.
2. Stay with Team Losing.
3. New counsel: please provide name, email, hpone and address.

We send your selection to ______ by ______. We will contact you to make the appropriate arrangements as soon as possible. My new contact information is ____.

Anonymous
Guest
Anonymous
September 23, 2020 8:58 pm
Reply to  Anonymous

These separations(of associates form a firm) are somewhat entertaining as they almost never vary.

A firm owner, or senior partner, will complain that the leaving associate was dishonest and diabolical and wrongfully took a whole bunch of great cases with him/her.

But then if you have a conversation with the associate, they tell you that they only took one or two cases with them, and that such was done with the consent of the partner(s) as they were not perceived as desirable cases.

That seems to almost invariably be the way it initially plays out.

Then it tends to settle. But in a few cases, one or both sides take the matter to the State Bar. Then months later they receive a letter that the Bar cannot proceed as this dispute does not seem to clearly suggest any ethical violations.

Then the parties usually negotiate, but in a few cases the firm files suit, and the judge then re-directs the matter to alternate dispute resolution.

At the end of it all the truth is almost always much closer to the associate's contention(that he/she took only a case or two, and with the consent of the firm) than it is to the firm's positon(that the associate absconded, under cover of night, with all these valuable, multi-million dollar cases).

Anonymous
Guest
Anonymous
September 23, 2020 9:26 pm
Reply to  Anonymous

1:58 PM,

OP here. I'm not taking a few clients with me. I'm taking every fucking case and client I originated. Why is that unreasonable? A lot of my clients have never even met or spoken with the owner. The owner is an otherwise good person, and I'm sure they won't be happy initially, but how could the owner reasonably expect to keep any of these files or clients?

Anonymous
Guest
Anonymous
September 23, 2020 9:57 pm
Reply to  Anonymous

I would recommend you let every fucking client have a choice. They will likely choose you. Having a choice separates clients from commodities.

And don't worry about the owner. We get what we choose.

Anonymous
Guest
Anonymous
September 23, 2020 10:12 pm
Reply to  Anonymous

If they're hourly cases and clients you're taking, that's one thing. If they're contingency cases which have not yet borne fruit and which have recoverable costs outstanding, that's entirely another thing. The former is easy, the latter is less easy.

anonymous
Guest
anonymous
September 23, 2020 11:49 pm
Reply to  Anonymous

That's for sure. I had to deal with a bunch of BS attorney liens when I left (I had no problem with the costs, but I was the one who did all the work) It all worked out eventually. We no longer speak, so be prepared for that.

Anonymous
Guest
Anonymous
September 24, 2020 5:22 pm
Reply to  Anonymous

Whether to go with you or stay with the firm (or get new counsel altogether) is the client's choice, and no one else's. The clients need to be advised accordingly.

When I left a small firm, I sat down with the managing partner and we hashed out a deal. We drafted two letters that we would both sign. One was for clients who I did not originate but whose cases I had been working on. It informed them of the transition and mildly suggested a "default" option of staying with the firm. The other letter was the opposite: the client had to take action to stay with the firm, otherwise I'd take the matter with me. Both letters also informed the client that they could choose new counsel if they wished.

Turned out all the clients whose cases I was working on went with me, whether I originated them or not. Things are still cordial between me and the managing partner / firm.

Anonymous
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Anonymous
September 23, 2020 9:35 pm

Blog is incredibly depressing today.

Anonymous
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Anonymous
September 23, 2020 10:19 pm
Reply to  Anonymous

Let's make it more depressing by reminding everyone that a senile and incompetent Joe Biden could be the President.

Anonymous
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Anonymous
September 23, 2020 11:25 pm
Reply to  Anonymous

3:19 this is even more depressing – Joe leaves office and President Kamala takes over – We become Venezuela 2.0

Anonymous
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Anonymous
September 23, 2020 11:43 pm
Reply to  Anonymous

3:19 and 4:25 — thanks for keeping today's tone going . . .

Anonymous
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Anonymous
September 24, 2020 3:10 am
Reply to  Anonymous

Alternatively we could keep the unqualified, unprincipled, lying, veteran disrespecting, draft dodging, I only hire the best and brightest until they leave I barely knew the dumbass, disabled person disrespecting, division fomenting, casino bankrupting, wife cheating, narcissistic, pussy grabbing, and possibly traitorous incumbent.

Yes, Joe Biden is a politician and is not perfect. However, he is a man of deep faith, and I am really tired of the all of the Trump crap and baggage.

See ya on the front lines of the coming civil war.

Anonymous
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Anonymous
September 24, 2020 3:27 am
Reply to  Anonymous

Trump is the best POTUS ever. His track record speaks for itself. The best is yet to come.

Anonymous
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Anonymous
September 24, 2020 4:32 am
Reply to  Anonymous

You're right. The best part of the Trump presidency is when they drag his lard ass out of a side door after President Biden's inauguration, and the indictments start to roll.

Anonymous
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Anonymous
September 24, 2020 5:09 am
Reply to  Anonymous

Agree Trump's record speaks for itself. Worst handling of COVID in the developed world, 200k dead, economy dead, and no end in sight.

Anonymous
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Anonymous
September 24, 2020 6:02 am
Reply to  Anonymous

@8:10pm – Are you talking about a civil war that Biden's side, the Democrats who hate guns and who yell at people's face so much it is clear they haven't been punched in the face before; against the Republicans who own tens of millions of guns and a trillion or so bullets? That possible civil war?

Laughlin Constable Jordan Ross
Guest
Laughlin Constable Jordan Ross
September 24, 2020 6:58 pm
Reply to  Anonymous

September 23, 2020 at 4:25 PM – Ummm. re: your scenario with Ms. Harris, I'm gonna say more like Sweden or Costa Rica. Except for the mind numbingly dull IKEA furniture, I can live with that. Did anyone notice that out of the 47,000,000 people who ran in the Democratic Presidential primary, the Democrats nominated the two most conservative candidates?

I seem to recall FDR was going to turn us into the Soviet Union. I don't seem to recall that coming to pass either.

Anonymous
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Anonymous
September 24, 2020 7:44 pm
Reply to  Anonymous

10:09, don't forget that pre-Trump we had solid allies in basically all of the western world. Now everybody hates us, including China and Russia who already hated us. China might hate us even more now. And don't fool yourself – yes Russia supports Trump now since he looks the other way on everything they do – but they will drop him and the rest of the US at the drop of a hat. They are not allies.

And yes Jordan, the idea that "the libs" are off the rails and have gone so far to the left is a "reject the evidence of your eyes and ears" kind of thing. If anything the D party affirmed that they don't want socialism and just want a decent person who knows what they're doing. I'll take that.

Anonymous
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Anonymous
September 25, 2020 12:48 am
Reply to  Anonymous

8:10 Checking In: Forgot Constitution disrespecting in my list of adjectives. Responding to 11:02 PM: I am republican, although the shit show and hypocrisy is probably gonna result in a switch to Independent after the election. I wouldn't under-estimate the Dems fire-power one bit. I could probably equip a small squad for a decent fire-fight and if the choice is siding up with Trump White Power Good People on Both Sides and the other side, I'm probably going with the other side. Hopefully, the civil war comment was nothing more than hyperbole on my behalf. But your boy trump wont event commit to a peaceful transition. WTF?

Anonymous
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Anonymous
September 23, 2020 11:41 pm

Oh no! Basic healthcare is provided to everyone! And if you work you can earn a living wage! And no more poison in our water! Oh the humanity!!!

Anonymous
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Anonymous
September 24, 2020 12:12 am
Reply to  Anonymous

Pass the dutchie on the left hand side. Yay, nobody work, get rid of the police, and free prescription drugs for everyone! And cleaner bong water, hurray!

Anonymous
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Anonymous
September 24, 2020 7:46 pm
Reply to  Anonymous

As Jordan pointed out above. The dems nominated the guy who 100% does not support defunding the police. But keep saying it til it sticks.

Anonymous
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Anonymous
September 24, 2020 1:35 am

#blacklivesmatter vote out #police endorsed candidates and incumbents
tired of the #judicialestablishment

Anonymous
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Anonymous
September 24, 2020 2:42 am
Reply to  Anonymous

#streetjusticeviolenceisforbarbaricmorons #getalifeloser

Anonymous
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Anonymous
September 24, 2020 4:56 am
Reply to  Anonymous

#blacklivesmatters is not about violence, #judgewhogetsnovotes
#votenoincumbents

Anonymous
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Anonymous
September 24, 2020 5:30 am
Reply to  Anonymous

It's a race-baiting hate group the condones violence.

Anonymous
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Anonymous
September 24, 2020 6:03 am
Reply to  Anonymous

#blackivesmatter #noauntkaren judges

Anonymous
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Anonymous
September 24, 2020 7:05 am

Wow! Most f*cked up compilation of posts on the Blog in recent memory!