Saturday, April 4, 2020

Lawyers' Best Gotcha Moments


Sometimes criminals are criminally dumb. Sometimes, it's as if lawyers experience the wonderful sensation of euphoria that comes from having someone else do their job for them. And usually that process is carried out by those individuals in mindless fashion. 

1.

Text - lawgirl3278 • 237d Lady got into a minor fender bender with a truck in a casino parking lot (she backed out of a spot into him). My guy said she parked and went inside the casino for a few hours. At her deposition, she testified that she was so hurt she went right home and to a hospital. I asked if she was a frequent visitor of casino, and if she had a rewards card. She was happy to tell me she did and she had gold status, and showed me the card. I subpoenaed her rewards cards records, an

2.

Text - My client's house burned down from an explosion in the fuel oil tank used to heat the house. It was clearly the oil maintenance company's fault, but his homeowners insurance (from a very reputable company) still refused to pay out, citing a ridiculous technicality in his policy. Essentially, the policy covered damage caused by the oil heater but they claimed that it was the storage tank that exploded and wasn't part of what was covered. So they deny his claim, which was about 1.2 million,

3.

Text - [deleted] • 237d Plaintiff had an x-ray of an allegedly broken arm. It seemed off to me and the dates didn't make sense (I was in-house at an academic medical center). I looked at the case more closely and discovered the Plaintiff was a x-ray tech at another hospital. After that, it was all over.

4.

Text - npESQ • 237d I had a former client file for bankruptcy and in connection with that case brought an action against his landlord for violating the automatic stay. In order to prove "damages" he wanted to show he paid my firm for legal fees in connection with the landlord's pursuit of rent in violation of the stay. So this former client's bankruptcy lawyer serves me a subpoena to show up at the bankruptcy hearing. He didn't ask me any questions prior but just gave me the gist of what the obj

5.

Text - The bankruptcy attorney called his client (my former client) to the stand first. He asked him questions related to his hiring my firm to do this and that as it related to his landlord. Apparently that's not enough, the bankruptcy attorney wants me to verify these facts as well. I get put on the stand and l'm asked to verify the invoice. I first object to the question as a precaution since it may be a violation of attorney- client privilege to answer the question and to cover me for any cl

6.

Text - I review the invoice answer, "no, this is not my invoice." His attorney: "I don't understand, this is your firm's logo and information right?" Me: "Yes" His attorney: "and you provided these legal services right?" Me: "No."

7.

Text - A very confused attorney slowly started to put together (after a couple more follow-up questions) that this idiot client of ours had manufactured my invoice to prove his damages. Needless to say that I could have given his new attorney the heads up, but I wasn't going to help someone who had committed perjury to the court using my name. I had represented him in a completely different matter and this guy was trying to make some extra cash through this bankruptcy hearing. Two lessons: tell

8.

Text - CastlronMooseEsq • 237d Cross examining a custom home builder who had a lump sum contract (set price as opposed to "cost plus" which means cost of the materials plus x% as builder fee) with the home owner. Claimed he put 20% more labor/materials in building the home than the contracted provided for and he was suing for these excess costs. Was asking him about an email with my client negotiating the price of the construction and he volunteers that he knew he couldnt build it for that price

9.

Text - This is textbook fraudulent inducement and he had no idea. Builder got poured out in the arbitration award and slapped builder with sizable punitive damages on top of it. Five minutes of testimony sunk his case because he volunteered information without being prompted.

10.

Text - Prahksi • 237d Plaintiff alleged he was so injured in an auto accident that he couldn't work, do any regular activities, or pick up his young kids. He then posted on his public FB profile him doing the Ice Bucket Challenge. If you're not familiar, he basically lifted a huge cooler filled with ice water over his head. His attorney had no idea he had posted it.

11.

Text - jessnod • 237d Not so much a gotcha as it is the defendant giving themselves up. When I worked for insurance defense I handled a fraud case where a man reported his Rolex as being stolen. He was adamant that he was at a hotel and it was stolen. He has shown no proof of being in a hotel so it's flagged. We go through the whole proces and finally reached depositions. He gets sworn in and eventually let out that he wasn't at a hotel but rather with his mistress and he had left it at her hous

12.

Text - hitchinpost • 237d Had a client accused of leading the cops on a high speed chase. The cop on the stand estimated he was going 90 mph, but never actually clocked him. Then the cop identified where the chase started with me, and where it ended. It lasted about 2 miles. Then we went through his log of when it started and when it ended. About three and a half minutes. Once you walk through the math on that, the average speed of this chase was 35 mph. Client got acquitted really quickly after

13.

Text - Freeiheit • 237d The first case I ever did, opposing counsel misplaced the copy of my client's drivers license. Rather than admitting his mistake and asking me to resend it, he filed a motion to compel, claiming we never sent it. Well I was able to provide proof that we'd sent it to him like 8 months ago, so the judge was rather displeased with his antics

14.

Text - M_Cicero • 237d 3 1 Award I was suing a landlord who failed to make serious repairs in order to force the tenant out. The hard part is proving bad intent instead of mere idiocy so you get higher damages. Code Enforcement was involved, so I request those records. The landlord left a voicemail to the enforcement department saying to hold off on the fines, they will make the repairs as soon as the tenant is forced out. That was an easy case.

15.

Text - designgoddess • 237d My brother is an attorney. He had a case where the guy said he was permanently disabled from a work accident. At a deposition my brother overheard the guy talking about getting his house remodeled. He was already spending the money he thought he was getting. My brother drove by the house to see how much work was being done and saw the guy carrying bundles of roofing shingles up a ladder to the roof. This was before smart phones so he drove to a Best Buy and bought a v

16.

Text - EunuchsProgramer • 237d 32 Awards I had client whose 60k car was ruined by a shop that put in the wrong oil. We couldn't prove it at first, the engine blew up, oil leaked out and evidence was lost. I subpoenaed their bank records, figured out they bought their oil from Costco. Called Costco and got the their prices for the last two years. I then worked out the amounts they were spending, did some backhand math, and showed based on the values it was impossible they had ever bought the righ

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