Losing streak...

[crimzy]

Well, I've been in a bit of a slump recently and I need this to turn around. I have lost my last 2 trials, which is strange because I typically don't lose many trials. In the past 4 years or so I think I've lost just one other trial until these last two. And I can (sort of) understand these two losses because one was a garbage case where I had to deal with unfavorable facts and no evidence, and the other was simply the stupidest judge on the planet.
The reason I bring this up now is that I have a jury trial tomorrow that is pretty important for me to win. The facts and evidence are sufficient for me to win, as I've actually already tried this case and won it... but the jury verdict was appealed and a new trial was ordered based on one of the jury instructions. I have now been working on this case for about 2 years and the trial is a 2 hour drive away. The Defendant has not made me any settlement offer so I really want to go for the jugular tomorrow. If I lose this one, I'll be really pi$$ed off! If I win then I'll be happy (unless Defendant appeals again).
This may not make for a good discussion but I just wanted to post my thoughts. I will let you all know what happens after the trial.

 

[jennythebugg]

youve already got it beat . like you said , ya won it before this ones gonna be cake !

 

[aquaknight]

Originally Posted by crimzy
http:///forum/post/2773641
... and the other was simply the stupidest judge on the planet...

Reminds me when I'd get a bad grade in school, telling my parents; "The teacher is so stupid... The teacher doesn't like me...."

But I would just forget the previous two. I can imagine facing a case stacked against you would be enfuriating. Just be sure you know why the Defendant is not offering any type of settlement (could they have found something?), but however unlikely that is, go for the jugular!

 

[kjr_trig]

From previous posts, I gather you are a trial lawyer in a moderately large firm, but what sort of cases are you typically doing?

 

[crimzy]

Originally Posted by kjr_trig
http:///forum/post/2773658
From previous posts, I gather you are a trial lawyer in a moderately large firm, but what sort of cases are you typically doing?
Small firm actually... construction litigation and commercial collection work. Generally my trials involve contract disputes.

If I was in a large firm, I couldn't waste as much time here as I do.

 

[crimzy]

Originally Posted by AquaKnight
http:///forum/post/2773656

Reminds me when I'd get a bad grade in school, telling my parents; "The teacher is so stupid... The teacher doesn't like me...."

I realize that this sounds like this. But in my case, it was truly the stupidest judge on the planet. The case was a simple collection matter. The contract had been signed and there was no dispute as to the amount owed.
Defendant simply claimed that he didn't sign the contract, despite that the signature appeared to be similar to his. He also admitted to meeting with my client for the purpose of retaining his services.
The trial was in a DETROIT COURT, with a DETROIT JUDGE. The trial occurred in April. Since then, my paralegal has been periodically contacting the court to get the verdict. During the last 6 months, the court lost paperwork, neglected to give us a verdict and actually, at one point, scheduled the case for dismissal (apparently forgetting that we were waiting for a verdict). Last week, I got a notice without any written opinion ordering a judgment to enter in favor of Defendant. This judge simply didn't have any idea what was going on, forgot what occurred in the trial and arbitrarily entered a judgment. Like I said... stupidest judge on the planet.

 

[hlcroghan]

Originally Posted by crimzy
http:///forum/post/2773667
I realize that this sounds like this. But in my case, it was truly the stupidest judge on the planet. The case was a simple collection matter. The contract had been signed and there was no dispute as to the amount owed.
Defendant simply claimed that he didn't sign the contract, despite that the signature appeared to be similar to his. He also admitted to meeting with my client for the purpose of retaining his services.
The trial was in a DETROIT COURT, with a DETROIT JUDGE. The trial occurred in April. Since then, my paralegal has been periodically contacting the court to get the verdict. During the last 6 months, the court lost paperwork, neglected to give us a verdict and actually, at one point, scheduled the case for dismissal (apparently forgetting that we were waiting for a verdict). Last week, I got a notice without any written opinion ordering a judgment to enter in favor of Defendant. This judge simply didn't have any idea what was going on, forgot what occurred in the trial and arbitrarily entered a judgment. Like I said... stupidest judge on the planet.
Wow. That is ridiculous. Sorry you had to deal with that. Reminds us that even people who are placed higher than us (up on the bench) are human and idiots sometimes too.

 

[crimzy]

Not that important, but just so this is updated, the trial did not go yesterday. I got up at 6:00am, drove the 2.5 hours to the trial court, ready to go and met with the opposing attorney and the judge. Judge tells us sorry but he meant to pull the appeal transcript to review before we started the trial. So we adjourn the case so he can get the transcript. Then we have to set up a conference call to work out the jury instructions. The icing on the cake was that, not only do we have to come back for the trial, but the judge released yesterday's jury so we have to come back and re-pick the jury and then come back again for the trial. What a mess!!!!

 

[gliderjohn]

What a mess indeed! As a onetime paralegal, I will be interested in how things turn out. Please keep us posted.

 

[reefraff]

Originally Posted by crimzy
http:///forum/post/2773641
Well, I've been in a bit of a slump recently and I need this to turn around. I have lost my last 2 trials, which is strange because I typically don't lose many trials. In the past 4 years or so I think I've lost just one other trial until these last two. And I can (sort of) understand these two losses because one was a garbage case where I had to deal with unfavorable facts and no evidence, and the other was simply the stupidest judge on the planet.
The reason I bring this up now is that I have a jury trial tomorrow that is pretty important for me to win. The facts and evidence are sufficient for me to win, as I've actually already tried this case and won it... but the jury verdict was appealed and a new trial was ordered based on one of the jury instructions. I have now been working on this case for about 2 years and the trial is a 2 hour drive away. The Defendant has not made me any settlement offer so I really want to go for the jugular tomorrow. If I lose this one, I'll be really pi$$ed off! If I win then I'll be happy (unless Defendant appeals again).
This may not make for a good discussion but I just wanted to post my thoughts. I will let you all know what happens after the trial.
If you are a prosecutor and don't lose many trials I wouldn't feel bad about losing 2 in a row. You guys get force fed a lot of turdburgers nobody in their right mind would take by choice..

 

[reefraff]

Originally Posted by crimzy
http:///forum/post/2773667
I realize that this sounds like this. But in my case, it was truly the stupidest judge on the planet. The case was a simple collection matter. The contract had been signed and there was no dispute as to the amount owed.
Defendant simply claimed that he didn't sign the contract, despite that the signature appeared to be similar to his. He also admitted to meeting with my client for the purpose of retaining his services.
The trial was in a DETROIT COURT, with a DETROIT JUDGE. The trial occurred in April. Since then, my paralegal has been periodically contacting the court to get the verdict. During the last 6 months, the court lost paperwork, neglected to give us a verdict and actually, at one point, scheduled the case for dismissal (apparently forgetting that we were waiting for a verdict). Last week, I got a notice without any written opinion ordering a judgment to enter in favor of Defendant. This judge simply didn't have any idea what was going on, forgot what occurred in the trial and arbitrarily entered a judgment. Like I said... stupidest judge on the planet.
You should move to Denver. I think we have a slightly better class of incompetent judicial workers here.

You REALLY need a new job

 

[rylan1]

I hope you are not coming down with Wolveritis... check your tonsils and make sure they are not "blue".....

 

[crimzy]

Originally Posted by reefraff
http:///forum/post/2777741
If you are a prosecutor and don't lose many trials I wouldn't feel bad about losing 2 in a row. You guys get force fed a lot of turdburgers nobody in their right mind would take by choice..
Nope, I handle civil litigation. However in my previous "life", I was a criminal defense attorney and I have to tell you that prosecutors should win most of their trials. They have the advantage of having the initial presumption of being the "good guy". Their witnesses are police officers, FBI agents, DNA lab technicians, etc. Even the trial process is designed to provide an advantage to the prosecution. On the defense side, you have a client who is perceived (and may come across) as a thug. Generally your witnesses are friends/associates of the Defendant. It is much tougher to get a criminal defendant acquitted than it is to convict, IMO.

 

[crimzy]

Originally Posted by Rylan1
http:///forum/post/2778310
I hope you are not coming down with Wolveritis... check your tonsils and make sure they are not "blue".....

Do you remember the days when national championship contender OSU used to get upset by a 4 loss Michigan team to destroy their title hopes? I'm not saying it's going to happen again, but...