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Monday, October 28, 2019

Professionally inept

One of the reasons why the converged media companies have been running roughshod over those they've targeted for deplatforming is that their victims are afraid to fight back. But if you have, or are, or can find, a competent lawyer who doesn't play the usual lawyer's game of waiting until the last possible minute to submit some boilerplate that he plans to revise later, you'll likely be well ahead of the opposition.
Law firm mistakes number of days in the month, so lawyer files notice of appeal one day after actual deadline. Court dismisses appeal and awards fees.
They even have cute professional jargon for it: calendar the deadline. This sort of thing happens all the time. I've personally witnessed it and something similar happened in the Vic Mignogna case. Most lawyers, even very highly credentialed lawyers from very expensive law firms, take a disturbingly blase approach to deadlines, mostly because the established case law permits them to redefine clearly fixed time frames as indefinite periods that are entirely at the judge's discretion.

Of course, the fact that it is reprehensibly stupid to proactively rely upon the judge being lax about deadlines never occurs to them. We are always careful to prepare our filings as soon as possible, and to file them several days ahead of time, in order to not provide a potentially adversarial judge an excuse to rule against us. Never wait until the last minute!

And on a not-unrelated note, the VFM, the Rubble-bouncers, and the Reprehensibles should be prepared to act very quickly when the Legion's next campaign is announced tonight around 6:30 PM Eastern. I'll send out emails, put up a post, and do a Darkstream once the link is live. The amount is irrelevant, as the objective is to establish standing for as many of you as possible. Now, don't play Smart Boy and demonstrate how much you know about what's going on here in the comments, but do feel free to indicate if you're in on this one.

Labels:

142 Comments:

Blogger VFM 4388 October 28, 2019 7:34 AM  

We all know I'm in.

Blogger M. Bibliophile October 28, 2019 7:37 AM  

I'm in.

Blogger Heian-kyo Dreams October 28, 2019 7:38 AM  

In!

Blogger Jad October 28, 2019 7:38 AM  

I'm in. I shall see you on the field of battle, supreme Dark Lord.

Blogger Kristi October 28, 2019 7:40 AM  

In

Blogger Lushtree October 28, 2019 7:42 AM  

A dollar is a cheap price to pay to be part. I am in.

Blogger maniacprovost October 28, 2019 7:50 AM  

I'm not smart enough to know what's going on but sure, why not.

Blogger CCP October 28, 2019 7:51 AM  

In

Blogger CanticBear October 28, 2019 7:52 AM  

I am in.

Blogger Silent Draco October 28, 2019 7:53 AM  

In. My curiosity is piqued, but I'll wait for later exposition.

OPSEC applies.

Blogger Lazarus October 28, 2019 7:54 AM  

St. Crispin's day was Friday, but this is close enough.

Blogger Z MAlfoy October 28, 2019 7:55 AM  

In

Blogger Salt October 28, 2019 7:56 AM  

In.

Blogger El Fin October 28, 2019 7:57 AM  

Fin is in

Blogger Rek. October 28, 2019 7:58 AM  

Jawohl!!

Blogger rognuald October 28, 2019 8:03 AM  

I'm glad it's 6:30 PM EST. Otherwise, I would miss it.

Blogger SmockMan October 28, 2019 8:04 AM  

In & gg gl to all

Blogger D Zniger October 28, 2019 8:05 AM  

curious and definitely IN

Blogger Shimshon October 28, 2019 8:11 AM  

I'm in. Glad our clocks changed and the US hasn't. Only six hours ahead for now.

Assuming you meant EDT. If you're serious about EST, well, that final hour is not so easy.

Blogger Gregory the Tall October 28, 2019 8:11 AM  

Keeping my powder dry until 6.30

Blogger Philippe October 28, 2019 8:12 AM  

I am in

Blogger Shimshon October 28, 2019 8:12 AM  

I have absolutely no idea what is going on. It must be good. And I have an urge to rub (((my hands together in anticipation))).

Blogger TraceRoute Bear October 28, 2019 8:15 AM  

I'm in. Mouse button ready. Coffee to the side. No bathroom breaks.

Blogger All Day Coffee break October 28, 2019 8:19 AM  

I'm pretty sure I know but I'm in either way.

Blogger Ominous Cowherd October 28, 2019 8:20 AM  

In if I can stay up that late - it's hours past my bedtime.

Blogger TruthSeekerBear October 28, 2019 8:23 AM  

I’m in. Watch is set.

Blogger The Deuce October 28, 2019 8:28 AM  

If I can be of service, count me in.

Blogger #7139 October 28, 2019 8:30 AM  

Another campaign? Hmmm. I unable to imagine what it could be.

Blogger Joe Smith October 28, 2019 8:37 AM  

I’m down.

Blogger JG October 28, 2019 8:39 AM  

I'm in, even if it doesn't involve lopping off SJW heads and putting them on spikes.

Blogger Durandel October 28, 2019 8:44 AM  

I would be in, but our 3rd was born today. The future belongs to those who show up for it. So God speed and good hunting!

Blogger Balkan Yankee October 28, 2019 8:44 AM  

In.

Blogger Tom October 28, 2019 8:54 AM  

I'm in

Blogger Hylean October 28, 2019 9:04 AM  

Let's do it!

Blogger Gregory the Tall October 28, 2019 9:07 AM  

Shimshon wrote:I have absolutely no idea what is going on. It must be good. And I have an urge to rub (((my hands together in anticipation))).

Good idea, I will work on my hand movements as well.

Blogger furor kek tonicus ( according to the 13th Amendment, Slavery is neither Cruel nor Unusual: MSAGA ) October 28, 2019 9:17 AM  

in for a penny, in for a pound.

Blogger furor kek tonicus ( according to the 13th Amendment, Slavery is neither Cruel nor Unusual: MSAGA ) October 28, 2019 9:18 AM  

who knew we were all jooo?

Blogger David Ray Milton October 28, 2019 9:19 AM  

I have no idea what’s going on, but I’ll be at work for several more hours around that time. Wish I could watch.

Have fun!

Blogger Halibetlector October 28, 2019 9:20 AM  

In.

Blogger Gridhunter October 28, 2019 9:30 AM  

In

Blogger LR27 October 28, 2019 9:32 AM  

In

Blogger viking59 October 28, 2019 9:37 AM  

In

Blogger Rhino Bear October 28, 2019 9:38 AM  

In.

Blogger sammibandit October 28, 2019 9:38 AM  

Yep

Blogger IncoherentM October 28, 2019 9:47 AM  

In

Blogger ThatWouldBeTelling October 28, 2019 9:53 AM  

"and something similar happened in the Vic Mignogna case"

Only in the most technical sense, and not "waiting until the last possible minute to submit some boilerplate that he plans to revise later". The defendants used the Texas anti-SLAPP TCPA law to game the action, and made the case as painful as possible for Mignogna *and the judge* with wild ex-parte communications as the craziest tactic. The judge dismissed the case *explicitly saying he expected it to come back to him after an appeal*. Which he has a lot of experience with, most notably in a case where he ruled against a bunch of Episcopalian dioceses in favor of the national church based on internal church law. The appeals process all the way to the state supreme court took 2 years, then the judge took another two years to make rulings purely based on the correct law, no jury trial needed.

No lawyer can *directly* beat a judge when the judge ignores the law, decides that he is the law, and just makes shit up during a hearing, like deciding that Mignogna wasn't harmed "enough" to support his tortious interference claims. That was the strongest part of his case, and that sort of finding of fact is not allowed in the TCPA process. Another strange wrinkle is that while the judge indeed claimed to throw out a last minute filing, he referred to it in the hearing, making it officially part of the case. I'm pretty sure this also wasn't an example of filing too late, but I didn't bother to tease that out of the mess because it's irrelevant when the judge is making law up out of whole cloth.

The bottom line is that lower level state and Federal judges can be shockingly bad, one reason to avoid lawsuits if at all possible, which you generally advise. If they must be pursued, budget a huge amount of money, time, and aggravation.

Blogger Michael October 28, 2019 9:55 AM  

Here

Blogger Unknown October 28, 2019 10:00 AM  

Vox has already detailed the rampant incompetence and laziness in the legal profession. Here's a few extra relevant tidbits I learned from my experience in the legal field.

Generally, each court is its own social club with many unwritten rules. One of the most important unwritten rules is that the judge and attorneys basically agree to "fudge" a certain range of procedure, rules of evidence, and the underlying law itself in order to move cases along and clear the docket. What each court is willing to "fudge" is different. If you do not play along with the unwritten rules, such as objecting too much even though it may be vital to establish an appeal, you will not receive favorable treatment by the court and opposing counsel until you learn to play along. This is why hiring counsel that doesn't regularly practice in a given court can be very risky. It's often more important to find a well-established member of the court's social club than it is to find a good, competent attorney who actually understands the law and issues at hand. (This is truer on the state level than it is the federal level, but I'm sure it has its own elite club.)

Far too often the most important and powerful person in a court is the judge's 24 - 26-year-old clerk. Many judges, from my experience, know very little about the facts of the case or the relevant law until a couple of hours before the hearing, trial, etc. (Some of this is to maintain neutrality, but some of it is pure incompetence and laziness). The clerk will read the parties' motions, etc. and give the judge the gist of what's going on. The judge may read the documents himself, but not always. The clerk always reads them. I've heard a judge ask his clerk "Who do you think should win?" and who she thought should win did. (For this particular judge, if he did not really care about the case, the clerk essentially ruled.) After I learned this, I wrote my petitions, motions, and briefs with the intended audience of a 25-year-old law school student and the appellate courts. If the clerk clearly understood our case, we did well.

Differing states and jurisdictions have wildly different procedures, customs, laws, cultures, etc. But I suspect the above may be true in many jurisdictions.

Blogger PastyWhiteBoy October 28, 2019 10:04 AM  

I'm In

Blogger tuberman October 28, 2019 10:07 AM  

Sure

Blogger Dave Dave October 28, 2019 10:10 AM  

I'll set my alarm to be awake in time. I don't want to miss the cavalry charge.

Blogger The future is Darreing October 28, 2019 10:10 AM  

In

Blogger NewTunesForOldLogos October 28, 2019 10:11 AM  

In.

Blogger Bibliotheca Servare October 28, 2019 10:11 AM  

No clue what it's about, but I'm in. Godspeed!

Blogger Ronius_Maximus October 28, 2019 10:13 AM  

I'm in

Blogger Revelation Means Hope October 28, 2019 10:13 AM  

definitely in

Blogger Talios Hammerfist October 28, 2019 10:15 AM  

The ride never ends.

Blogger Jeroth October 28, 2019 10:17 AM  

I'm in as well.

Blogger xevious2030 October 28, 2019 10:18 AM  

So much better than 2008. The future belongs to those who show up.

Blogger jayuf October 28, 2019 10:22 AM  

in like flynn

Blogger Charlie the Chaste October 28, 2019 10:27 AM  

You have my sword. Deus Vult!

Blogger Head Trauma October 28, 2019 10:32 AM  

In

Blogger CF Neal October 28, 2019 10:35 AM  

Everything -- literally EVERYTHING is corrupted.

Blogger michimartini October 28, 2019 10:37 AM  

And my axe!

Blogger Jeff Godley October 28, 2019 10:40 AM  

And you have my bow.

Blogger Out of Nod October 28, 2019 10:41 AM  

Let's do this

Blogger Jab Burrwalky October 28, 2019 10:47 AM  

As a former law clerk, I can attest this is true.

The judge I worked for had a good reputation BECAUSE he familiarized himself with the facts of the cases, and that was a contrast. Even then, he deferred to my judgement frequently and relied often on my summaries of the various filings.

Blogger Dan in Georgia October 28, 2019 10:54 AM  

In. Git er done!

Blogger Phelps October 28, 2019 10:55 AM  

There are some valid tactical reasons for filing right at the deadline. You do it when the deadlines are tight and your opposition has a difficult deadline for their response (the later you file, the less time they have to craft the response) or when they are pre-trial disclosure deadlines (showing your Opening Statement demonstratives to the other side ahead of trial.)

I've also run into it in our firm where we are waiting on client approval.

Other than those situations where it is either a conscious, informed decision to wait, or the decision has been taken from you by the client, there is no reason for someone to pay you hundreds of dollars an hour to NOT be ahead of the game.

Blogger Beardy Bear October 28, 2019 11:12 AM  

Count me in.

Blogger Original H October 28, 2019 11:16 AM  

In.

Blogger Gregory the Tall October 28, 2019 11:21 AM  

Avoid giving a lawyer a massive amount of money in advance, pay him bit by bit only after he has analyzed something, written something, instructed an expert or gone to court for you etc.

Blogger Original H October 28, 2019 11:22 AM  

David Ray Milton wrote:I have no idea what’s going on, but I’ll be at work for several more hours around that time. Wish I could watch.

Obviously, if at all possible, join the charge when the Supreme Dark Lord issues the order. But if you can't join at that exact moment, still try to join as soon as you're able. Most likely you'll still be able to.

Blogger Hen October 28, 2019 11:26 AM  

I'm in. Sharpening my pen.

Blogger Ska_Boss October 28, 2019 11:38 AM  

I'm at work and phone service sucks, might be later this evening.

Blogger Caffeineforge October 28, 2019 11:42 AM  

In, as always.

Blogger Jill in StL October 28, 2019 11:46 AM  

Please count me in on this one! Thank you!

Blogger Scire October 28, 2019 11:46 AM  

I'm in.

Blogger OneWingedShark October 28, 2019 11:49 AM  

Sounds fun; I'm in if I'm able. (I might have late-running work.)

Blogger Dani October 28, 2019 11:52 AM  

A dollar + VAT + currency exchange fees is a cheap price to pay. I am also in.

Blogger Ominous Cowherd October 28, 2019 11:54 AM  

Original H wrote:But if you can't join at that exact moment, still try to join as soon as you're able.

If it's still open at 8am Eastern the next day, I'll be able to jump in.

Blogger Blume October 28, 2019 12:09 PM  

In

Blogger MeneMene October 28, 2019 12:15 PM  

In

Blogger Richard Rahl October 28, 2019 12:26 PM  

Done.

Blogger idprism October 28, 2019 12:29 PM  

In

Blogger justaguy October 28, 2019 12:31 PM  

With over 1.3 million lawyers in the US and growing, there are bound to be both very good and very bad. The US has so many lawyers compared to the rest of the world and we seem to employ them in forms of ritual combat, at both the personal and corporate level.

As most of our elites have no idea of reality and live in the make-believe world taught by the ivy league universities-- they need lawyers to keep them in their bubble of rainbows and unicorns.

Blogger wahsatchmo October 28, 2019 12:40 PM  

In.

Blogger BentheBrave October 28, 2019 12:43 PM  

I'm in

Blogger Pierre October 28, 2019 12:56 PM  

Banzai.

Blogger James Dixon October 28, 2019 12:59 PM  

I can probably be in on this if you need me. Still trying to decide on the Junior Classics. We have no need of them, but it's always good to support the Dark Lord.

Blogger Footman October 28, 2019 1:01 PM  

In it to win it.

Blogger Adino The Eznite October 28, 2019 1:12 PM  

Front toward enemy.

Blogger VD October 28, 2019 1:12 PM  

If you neither need nor want the Junior Classics, don't buy them. The campaign has already exceeded expectations.

Blogger Franz Lyonheart October 28, 2019 1:15 PM  

I'm in.

New York to London time zone only 4h difference currently. So that's 22:30 GMT. Easy for me. That's assuming the doc doesn't fk up the minor surgery I have to endure today. Heh.

No idea what it is, but eager to find out tonight! Learned to trust Vox to always deliver.

Blogger Newscaper312 October 28, 2019 1:35 PM  

My dad got bit a few times over the years in business dealings w his small house rental side gig: lawsuits, some tax issues, because he was too stubborn to hire the right experts. Of course that came from bad experiences when he *did* hire "experts".

Blogger furor kek tonicus ( according to the 13th Amendment, Slavery is neither Cruel nor Unusual: MSAGA ) October 28, 2019 1:49 PM  

67. Jab Burrwalky October 28, 2019 10:47 AM
Even then, he deferred to my judgement frequently and relied often on my summaries of the various filings.



at some point, this is just a function of administrative chains of command. it is both inefficient and ridiculous that every manager should double check every single fact and evaluation of every person reporting to them.

the problem arises when the higher level management ( the judge in your case ) is either too lazy or to happy that your biases conform with his to bother correcting subordinates who are submitting shoddy work and analysis.

Blogger jkmack October 28, 2019 1:54 PM  

In. Thanks for the opportunity VD.

Blogger Fergus October 28, 2019 1:55 PM  

To facilitate this, special one time use "credit" cards can be purchased. This is a tactic used by illegal aliens to circumvent banking laws. What irony to use it to help this cause.

Blogger Esmar Tuek October 28, 2019 1:56 PM  

I like the idea of just hiring a lawyer as an employee full time. Cost less than my mate spent on fighting for access to his kids

Blogger Avalanche October 28, 2019 2:16 PM  

@11 "Shall think themselves accursed they were not here,
And hold their manhoods cheap whiles any speaks
That fought with us upon Saint Crispin's day."

Got no manhood to hold, but I'm in and quietly done!

Blogger JimR October 28, 2019 2:18 PM  

I'm in, for whatever it is.

Blogger Great White October 28, 2019 2:25 PM  

In

Blogger OvergrownHobbit October 28, 2019 2:28 PM  

In, if we can afford it.

Blogger Calvin809 October 28, 2019 2:30 PM  

in

Blogger Jail Cussox October 28, 2019 2:49 PM  

Ready!

Blogger Valiant October 28, 2019 2:49 PM  

In.

Blogger Karen took the Kids October 28, 2019 2:52 PM  

In.

Blogger Anthony Pacheco October 28, 2019 2:56 PM  

(decloak)

Yeah, I'm in.

(cloak)

Blogger Gregory the Tall October 28, 2019 3:03 PM  

Explain, please, would that not be against the purpose?

Blogger RC October 28, 2019 3:16 PM  

@Esmar: "I like the idea of just hiring a lawyer as an employee full time."

That's not usually advisable. Most in-house counsel are below average in ability and experience. Even if you find a good one, attorneys specialize so he'd likely have to get outside help with matters fairly routinely if you're operating a business of any size or complexity.

Blogger steb October 28, 2019 3:22 PM  

in

Blogger James Pyrich October 28, 2019 3:40 PM  

in

Blogger keyinora October 28, 2019 4:07 PM  

I will stand with you!

Blogger Inquizerbear October 28, 2019 4:12 PM  

I'm In

Blogger peacefulposter October 28, 2019 4:28 PM  

Is it 6:30 yet?

Blogger The King's Man October 28, 2019 4:30 PM  

I'm in, of course.

Blogger Dave October 28, 2019 4:55 PM  

Let's roll

Blogger Mauldication Bear October 28, 2019 5:20 PM  

This comment has been removed by the author.

Blogger Mauldication Bear October 28, 2019 5:23 PM  

In

Blogger DonJuanBear October 28, 2019 5:40 PM  

I have no clue what's going on and am SO in!!

*grips dagger between teeth*

Blogger Head Trauma October 28, 2019 7:10 PM  

Done

Blogger Fubarge October 28, 2019 7:23 PM  

Did I miss it?

Blogger Shimshon October 28, 2019 7:27 PM  

@123 That's what I'm wondering.

Blogger Bibliotheca Servare October 28, 2019 7:29 PM  

I'm wondering the same thing.

Blogger Shimshon October 28, 2019 7:32 PM  

Is that Hipster Vox with hair and a beard?

Blogger Rattlesnake_Kid October 28, 2019 7:50 PM  

Am in.

Blogger FrankUnderwood October 28, 2019 7:56 PM  

O’ Supreme Dark Lord the task thy have given is complete!

Blogger Argus Bacchus October 28, 2019 8:26 PM  

Done.

Anonymous Anonymous October 28, 2019 9:01 PM  

Geez. There is software that automatically calculates the calendar days even the clear days (jour jurdique franc)

Blogger Bobiojimbo October 28, 2019 9:30 PM  

Godspeed and happy hunting.

Blogger Jeff October 28, 2019 10:56 PM  

Done

Blogger The Sasquatch October 28, 2019 10:59 PM  

I'm in. Even though I'm not a VFM as far as I know

Blogger Bibliotheca Servare October 28, 2019 11:16 PM  

Done.

Blogger Dave October 28, 2019 11:20 PM  

800+ you magnificent bastards

Blogger Hijodelamadre October 29, 2019 12:29 AM  

Done

Blogger Beau October 29, 2019 12:48 AM  

Indeed

Blogger Philippe M October 29, 2019 4:14 AM  

In

Blogger Korbin Ransley October 29, 2019 4:19 AM  

This comment has been removed by a blog administrator.

Blogger Korbin Ransley October 29, 2019 4:19 AM  

In and done

Blogger Honingbij October 29, 2019 6:51 AM  

In

Blogger Cleveland Screamer October 29, 2019 8:03 AM  

Closing in on 1,000

Blogger Andrew F October 29, 2019 4:59 PM  

Rubble Bounced!

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