Wednesday Writs for 10/31/2018

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Em Carpenter

Em was one of those argumentative children who was sarcastically encouraged to become a lawyer, so she did. She is a proud life-long West Virginian, and, paradoxically, a liberal. In addition to writing about society, politics and culture, she enjoys cooking, podcasts, reading, and pretending to be a runner. She will correct your grammar. You can find her on Twitter.

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12 Responses

  1. Avatar Oscar Gordon says:

    Pursuit judge: Umm, where the hell are the bailiffs?Report

  2. Avatar J_A says:

    Tangential to [L7]

    I have the honor of being member of the selected club of people that have been sued by tbeir own lawyer (*). Well, technically my company was the one sued, but it all happened in front of me, in a meeting I was supposed to chair, and I was the one that got deposed by opposing counsel.

    Happy to share the story. After ten years it’s become one of my life’s most entertaining experiences.

    (*) I wonder if Trump also has the privilege of being one of us few, us happy few. I hope not it’s bad enough that i share a country with him. I won’t join Mar-a-Lago, and, in exchange, I don’t want him in my clubs.Report

  3. Avatar Saul Degraw says:

    L1: There are no good defenses of Lochner. No defender of Lochner ever wants to acknowledge asymmetric bargaining power in contracts of adhesion however. Libertarians always seem to think private power exists on equal planes. This is bullshit.

    L7: The lawyer’s response is bad but I think scheduling a deposition without working with opposing counsel is bad form. I’ve had opposing counsel send me deposition notices without working to find mutually exclusive dates. This sucks when you have a conflict without cover. Also can we talk about defense counsel who propound 100 interrogatories when 35 or so would do and also add form interrogatories which are hard to follow because they are meant for car crash cases and largely duplicative. Discovery abuse is very real.*

    *California civ pro officially only allows 35 interrogatories but you can add a cookie cutter declaration about why you need more. I never ask for a protective order because it feels like losing proposition and in CA a failed protective order is mandatory sanctions. Form interrogatories were designed for car crash cases but tend to just get used.Report

  4. Avatar j r says:

    Lochner v. New York has long been considered one of the great SCOTUS failures, alongside Dred Scott and Brown v. Board of Education.

    Did you mean to write this or were you thinking of Plessy v. Ferguson?Report

  5. Avatar Em Carpenter says:

    Totally.Report

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