The biggest problem with the University AND Frank having attorneys

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The biggest problem with the University AND Frank having attorneys

Post by GameFAQSAggie » December 18th, 2020, 11:40 pm

is that while both parties would ideally get this incident resolved, and we go into spring ball and Frank starts a job at another school with the incident behind us, as opposed to this dragging on in the news for months, Attorneys are the opposite in that they would consider it ideal for them for this to drag on as long as possible, so they can bill for more hours. The attorneys don't care about us being able to have spring practice with the incident behind us, just the money for more work they can get from dragging in on longer. It's like how with the NFL having disputes over labor and lockouts, they take a long time to resolve for more billing hours, rather than trying to reach an agreement quickly.

The way attorneys are, I wouldn't put it past Frank's attorney to have a conversation with Nick Heninger about the call, call that a billing hour, then a conversation with Shaq Bond about it, another billing hour, then another billing hour for the conversation with Elijah Shelton and so on. And on the University's attorneys end, a conversation with one university employee who works closely with Noelle about how she is a high character and would NEVER say something bad, one billing hour. A different university employee saying the same thing, another billing hour, and another billing hour for a conversation with another person who works closely with Noelle.



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Re: The biggest problem with the University AND Frank having attorneys

Post by brownjeans » December 19th, 2020, 9:34 am

True.

Both Cockett and Maile have long-standing reputations for high character. They could probably get together and resolve this if left to their own to do so.



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The biggest problem with the University AND Frank having attorneys

Post by QuackAttackAggie » December 19th, 2020, 9:39 am

GameFAQSAggie wrote: The way attorneys are, I wouldn't put it past Frank's attorney to have a conversation with Nick Heninger about the call, call that a billing hour, then a conversation with Shaq Bond about it, another billing hour, then another billing hour for the conversation with Elijah Shelton and so on. And on the University's attorneys end, a conversation with one university employee who works closely with Noelle about how she is a high character and would NEVER say something bad, one billing hour. A different university employee saying the same thing, another billing hour, and another billing hour for a conversation with another person who works closely with Noelle.
The way chefs are, I wouldn't put it past them to make a dish, charge for it, make another dish, charge for that one.

The way architects are, I wouldn't put it past them to design the floor plan, charge their client, have meetings about materials, charge for that, meet with construction crews, charge for that.

The way doctors are, they don't want to heal you from your disease. They want to drag it on so they can keep charging you.

Come on man. The only true portion of your post is that the lawyers don't care about the team's feelings in spring practice. It has nothing to do with their job. Lawyers resolve things in a day or a week all the time that had been stonewalled for years and frank deserves representation from somebody who knows employment law and can advocate for him.

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Re: The biggest problem with the University AND Frank having attorneys

Post by flying_scotsman2.0 » December 19th, 2020, 11:36 am

QuackAttackAggie wrote:
December 19th, 2020, 9:39 am
GameFAQSAggie wrote: The way attorneys are, I wouldn't put it past Frank's attorney to have a conversation with Nick Heninger about the call, call that a billing hour, then a conversation with Shaq Bond about it, another billing hour, then another billing hour for the conversation with Elijah Shelton and so on. And on the University's attorneys end, a conversation with one university employee who works closely with Noelle about how she is a high character and would NEVER say something bad, one billing hour. A different university employee saying the same thing, another billing hour, and another billing hour for a conversation with another person who works closely with Noelle.
The way chefs are, I wouldn't put it past them to make a dish, charge for it, make another dish, charge for that one.

The way architects are, I wouldn't put it past them to design the floor plan, charge their client, have meetings about materials, charge for that, meet with construction crews, charge for that.

The way doctors are, they don't want to heal you from your disease. They want to drag it on so they can keep charging you.

Come on man. The only true portion of your post is that the lawyers don't care about the team's feelings in spring practice. It has nothing to do with their job. Lawyers resolve things in a day or a week all the time that had been stonewalled for years and frank deserves representation from somebody who knows employment law and can advocate for him.

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The difference is that attorneys are inherently bad people while chefs, architects, and doctors are hard-working, blue-collared individuals with strong moral fiber.
I’ve see How to Get Away with Murder. The secret’s out about lawyers.
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Re: The biggest problem with the University AND Frank having attorneys

Post by MWCFAN12 » December 19th, 2020, 12:13 pm

flying_scotsman2.0 wrote:
December 19th, 2020, 11:36 am
QuackAttackAggie wrote:
December 19th, 2020, 9:39 am
GameFAQSAggie wrote: The way attorneys are, I wouldn't put it past Frank's attorney to have a conversation with Nick Heninger about the call, call that a billing hour, then a conversation with Shaq Bond about it, another billing hour, then another billing hour for the conversation with Elijah Shelton and so on. And on the University's attorneys end, a conversation with one university employee who works closely with Noelle about how she is a high character and would NEVER say something bad, one billing hour. A different university employee saying the same thing, another billing hour, and another billing hour for a conversation with another person who works closely with Noelle.
The way chefs are, I wouldn't put it past them to make a dish, charge for it, make another dish, charge for that one.

The way architects are, I wouldn't put it past them to design the floor plan, charge their client, have meetings about materials, charge for that, meet with construction crews, charge for that.

The way doctors are, they don't want to heal you from your disease. They want to drag it on so they can keep charging you.

Come on man. The only true portion of your post is that the lawyers don't care about the team's feelings in spring practice. It has nothing to do with their job. Lawyers resolve things in a day or a week all the time that had been stonewalled for years and frank deserves representation from somebody who knows employment law and can advocate for him.

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The difference is that attorneys are inherently bad people while chefs, architects, and doctors are hard-working, blue-collared individuals with strong moral fiber.
I’ve see How to Get Away with Murder. The secret’s out about lawyers.
You clearly don't know any attorneys very well. I know several. Most are really good people and very very normal. However the few times I have needed a attorney I ask them who to hire so we don't spoil a relationship. It has worked out very well. I still have my friends and every attorney I have refered to has been great.

I am sure attorneys get a bit jaded in their job because everyone is lying to them.
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Re: The biggest problem with the University AND Frank having attorneys

Post by USU78 » December 19th, 2020, 12:37 pm

MWCFAN12 wrote:
December 19th, 2020, 12:13 pm
flying_scotsman2.0 wrote:
December 19th, 2020, 11:36 am
QuackAttackAggie wrote:
December 19th, 2020, 9:39 am
GameFAQSAggie wrote: The way attorneys are, I wouldn't put it past Frank's attorney to have a conversation with Nick Heninger about the call, call that a billing hour, then a conversation with Shaq Bond about it, another billing hour, then another billing hour for the conversation with Elijah Shelton and so on. And on the University's attorneys end, a conversation with one university employee who works closely with Noelle about how she is a high character and would NEVER say something bad, one billing hour. A different university employee saying the same thing, another billing hour, and another billing hour for a conversation with another person who works closely with Noelle.
The way chefs are, I wouldn't put it past them to make a dish, charge for it, make another dish, charge for that one.

The way architects are, I wouldn't put it past them to design the floor plan, charge their client, have meetings about materials, charge for that, meet with construction crews, charge for that.

The way doctors are, they don't want to heal you from your disease. They want to drag it on so they can keep charging you.

Come on man. The only true portion of your post is that the lawyers don't care about the team's feelings in spring practice. It has nothing to do with their job. Lawyers resolve things in a day or a week all the time that had been stonewalled for years and frank deserves representation from somebody who knows employment law and can advocate for him.

Sent from my iPhone using Tapatalk
The difference is that attorneys are inherently bad people while chefs, architects, and doctors are hard-working, blue-collared individuals with strong moral fiber.
I’ve see How to Get Away with Murder. The secret’s out about lawyers.
You clearly don't know any attorneys very well. I know several. Most are really good people and very very normal. However the few times I have needed a attorney I ask them who to hire so we don't spoil a relationship. It has worked out very well. I still have my friends and every attorney I have refered to has been great.

I am sure attorneys get a bit jaded in their job because everyone is lying to them.
:thumbsup: Mendacity is the cross we bear.


You keep using that word. I do not think it means what you think it means.

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Re: The biggest problem with the University AND Frank having attorneys

Post by Madmartigan » December 19th, 2020, 2:10 pm

USU78 wrote:
December 19th, 2020, 12:37 pm
MWCFAN12 wrote:
December 19th, 2020, 12:13 pm
flying_scotsman2.0 wrote:
December 19th, 2020, 11:36 am
QuackAttackAggie wrote:
December 19th, 2020, 9:39 am
GameFAQSAggie wrote: The way attorneys are, I wouldn't put it past Frank's attorney to have a conversation with Nick Heninger about the call, call that a billing hour, then a conversation with Shaq Bond about it, another billing hour, then another billing hour for the conversation with Elijah Shelton and so on. And on the University's attorneys end, a conversation with one university employee who works closely with Noelle about how she is a high character and would NEVER say something bad, one billing hour. A different university employee saying the same thing, another billing hour, and another billing hour for a conversation with another person who works closely with Noelle.
The way chefs are, I wouldn't put it past them to make a dish, charge for it, make another dish, charge for that one.

The way architects are, I wouldn't put it past them to design the floor plan, charge their client, have meetings about materials, charge for that, meet with construction crews, charge for that.

The way doctors are, they don't want to heal you from your disease. They want to drag it on so they can keep charging you.

Come on man. The only true portion of your post is that the lawyers don't care about the team's feelings in spring practice. It has nothing to do with their job. Lawyers resolve things in a day or a week all the time that had been stonewalled for years and frank deserves representation from somebody who knows employment law and can advocate for him.

Sent from my iPhone using Tapatalk
The difference is that attorneys are inherently bad people while chefs, architects, and doctors are hard-working, blue-collared individuals with strong moral fiber.
I’ve see How to Get Away with Murder. The secret’s out about lawyers.
You clearly don't know any attorneys very well. I know several. Most are really good people and very very normal. However the few times I have needed a attorney I ask them who to hire so we don't spoil a relationship. It has worked out very well. I still have my friends and every attorney I have refered to has been great.

I am sure attorneys get a bit jaded in their job because everyone is lying to them.
:thumbsup: Mendacity is the cross we bear.
Everyone knows you can still go to heaven if you lie to either attorneys or sales people.



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Re: The biggest problem with the University AND Frank having attorneys

Post by WannabeAgAlum » December 19th, 2020, 2:12 pm

GameFAQSAggie wrote:
December 18th, 2020, 11:40 pm
is that while both parties would ideally get this incident resolved, and we go into spring ball and Frank starts a job at another school with the incident behind us, as opposed to this dragging on in the news for months, Attorneys are the opposite in that they would consider it ideal for them for this to drag on as long as possible, so they can bill for more hours. The attorneys don't care about us being able to have spring practice with the incident behind us, just the money for more work they can get from dragging in on longer. It's like how with the NFL having disputes over labor and lockouts, they take a long time to resolve for more billing hours, rather than trying to reach an agreement quickly.

The way attorneys are, I wouldn't put it past Frank's attorney to have a conversation with Nick Heninger about the call, call that a billing hour, then a conversation with Shaq Bond about it, another billing hour, then another billing hour for the conversation with Elijah Shelton and so on. And on the University's attorneys end, a conversation with one university employee who works closely with Noelle about how she is a high character and would NEVER say something bad, one billing hour. A different university employee saying the same thing, another billing hour, and another billing hour for a conversation with another person who works closely with Noelle.
Attorney: We lost.

Client: What the hell? What happened?

Attorney: Well, turns out Heninger and Bond had some key info we didn't know about. In fact, Heninger was one of the key players behind the survey, and actually authored the questions.

Client:. Why didn't we talk to them?

Attorney: wanted to keep your bill down.

Client: Thanks, that part was critical.

Attorney: Glad I could help.
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Re: The biggest problem with the University AND Frank having attorneys

Post by BLUERUFiO » December 19th, 2020, 2:36 pm

IF Frank does have an attorney, there’s a decent chance the attorney is working on commission for a chunk of the settlement instead of billing hourly. As an injury attorney in the valley, I ONLY work on commission.


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Re: The biggest problem with the University AND Frank having attorneys

Post by AgMac » December 19th, 2020, 3:06 pm

MWCFAN12 wrote:
December 19th, 2020, 12:13 pm
flying_scotsman2.0 wrote:
December 19th, 2020, 11:36 am
QuackAttackAggie wrote:
December 19th, 2020, 9:39 am
GameFAQSAggie wrote: The way attorneys are, I wouldn't put it past Frank's attorney to have a conversation with Nick Heninger about the call, call that a billing hour, then a conversation with Shaq Bond about it, another billing hour, then another billing hour for the conversation with Elijah Shelton and so on. And on the University's attorneys end, a conversation with one university employee who works closely with Noelle about how she is a high character and would NEVER say something bad, one billing hour. A different university employee saying the same thing, another billing hour, and another billing hour for a conversation with another person who works closely with Noelle.
The way chefs are, I wouldn't put it past them to make a dish, charge for it, make another dish, charge for that one.

The way architects are, I wouldn't put it past them to design the floor plan, charge their client, have meetings about materials, charge for that, meet with construction crews, charge for that.

The way doctors are, they don't want to heal you from your disease. They want to drag it on so they can keep charging you.

Come on man. The only true portion of your post is that the lawyers don't care about the team's feelings in spring practice. It has nothing to do with their job. Lawyers resolve things in a day or a week all the time that had been stonewalled for years and frank deserves representation from somebody who knows employment law and can advocate for him.

Sent from my iPhone using Tapatalk
The difference is that attorneys are inherently bad people while chefs, architects, and doctors are hard-working, blue-collared individuals with strong moral fiber.
I’ve see How to Get Away with Murder. The secret’s out about lawyers.
You clearly don't know any attorneys very well. I know several. Most are really good people and very very normal. However the few times I have needed a attorney I ask them who to hire so we don't spoil a relationship. It has worked out very well. I still have my friends and every attorney I have refered to has been great.

I am sure attorneys get a bit jaded in their job because everyone is lying to them.
There's a very, very remote possibility that flying_scotsman was joking.



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Re: The biggest problem with the University AND Frank having attorneys

Post by ChowderAggie » December 19th, 2020, 4:06 pm

MWCFAN12 wrote:
December 19th, 2020, 12:13 pm
flying_scotsman2.0 wrote:
December 19th, 2020, 11:36 am
QuackAttackAggie wrote:
December 19th, 2020, 9:39 am
GameFAQSAggie wrote: The way attorneys are, I wouldn't put it past Frank's attorney to have a conversation with Nick Heninger about the call, call that a billing hour, then a conversation with Shaq Bond about it, another billing hour, then another billing hour for the conversation with Elijah Shelton and so on. And on the University's attorneys end, a conversation with one university employee who works closely with Noelle about how she is a high character and would NEVER say something bad, one billing hour. A different university employee saying the same thing, another billing hour, and another billing hour for a conversation with another person who works closely with Noelle.
The way chefs are, I wouldn't put it past them to make a dish, charge for it, make another dish, charge for that one.

The way architects are, I wouldn't put it past them to design the floor plan, charge their client, have meetings about materials, charge for that, meet with construction crews, charge for that.

The way doctors are, they don't want to heal you from your disease. They want to drag it on so they can keep charging you.

Come on man. The only true portion of your post is that the lawyers don't care about the team's feelings in spring practice. It has nothing to do with their job. Lawyers resolve things in a day or a week all the time that had been stonewalled for years and frank deserves representation from somebody who knows employment law and can advocate for him.

Sent from my iPhone using Tapatalk
The difference is that attorneys are inherently bad people while chefs, architects, and doctors are hard-working, blue-collared individuals with strong moral fiber.
I’ve see How to Get Away with Murder. The secret’s out about lawyers.
You clearly don't know any attorneys very well. I know several. Most are really good people and very very normal. However the few times I have needed a attorney I ask them who to hire so we don't spoil a relationship. It has worked out very well. I still have my friends and every attorney I have refered to has been great.

I am sure attorneys get a bit jaded in their job because everyone is lying to them.
I agree as the lawyers I've watched in the movies are pretty nice.

I remember one situation where the lawyer said, "I want answers!" The witness didn't hear and clarified, "you want answers"? The nice lawyer responded, "I want the truth!" The witness replied "you can't handle the truth."
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Re: The biggest problem with the University AND Frank having attorneys

Post by JSHarvey » December 20th, 2020, 3:12 pm

I doubt anything can get settled until well after the independent review the University ordered is completed.


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Re: The biggest problem with the University AND Frank having attorneys

Post by flying_scotsman2.0 » December 20th, 2020, 3:21 pm

The funny thing about lawyers is that they aren’t even really performing law. They’re practicing. For what tho? We’re paying them to practice?
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Re: The biggest problem with the University AND Frank having attorneys

Post by hickaggie » December 20th, 2020, 3:34 pm

BLUERUFiO wrote:
December 19th, 2020, 2:36 pm
IF Frank does have an attorney, there’s a decent chance the attorney is working on commission for a chunk of the settlement instead of billing hourly. As an injury attorney in the valley, I ONLY work on commission.
Employment law attorneys pursuing claims under federal grounds do both. The retain their client on a contigent fee and per federal law if they recover they can demand fees from the other side (usually a deep pocket government entity or private company). So even in a settlement they are demanding their fees and that usually goes to them in addition to the risk based contingency fee.
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Re: The biggest problem with the University AND Frank having attorneys

Post by BLUERUFiO » December 20th, 2020, 3:40 pm

flying_scotsman2.0 wrote:
December 20th, 2020, 3:21 pm
The funny thing about lawyers is that they aren’t even really performing law. They’re practicing. For what tho? We’re paying them to practice?
Dentists have practices too. Kind of a weird fragment of history.


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Re: The biggest problem with the University AND Frank having attorneys

Post by Empire of Dirt » December 20th, 2020, 3:42 pm

JSHarvey wrote:I doubt anything can get settled until well after the independent review the University ordered is completed.
Anyone have an idea how long this may take? Seems pretty simple, there are a finite number of people to talk to, right?

Or is the investigation firm on a cost plus contact too?

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Re: The biggest problem with the University AND Frank having attorneys

Post by jpswensen » December 20th, 2020, 4:30 pm

flying_scotsman2.0 wrote:The funny thing about lawyers is that they aren’t even really performing law. They’re practicing. For what tho? We’re paying them to practice?
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Re: The biggest problem with the University AND Frank having attorneys

Post by flying_scotsman2.0 » December 20th, 2020, 5:40 pm

BLUERUFiO wrote:
December 20th, 2020, 3:40 pm
flying_scotsman2.0 wrote:
December 20th, 2020, 3:21 pm
The funny thing about lawyers is that they aren’t even really performing law. They’re practicing. For what tho? We’re paying them to practice?
Dentists have practices too. Kind of a weird fragment of history.
Dentists I understand tho, most of them are pretty bad...



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Re: The biggest problem with the University AND Frank having attorneys

Post by ineptimusprime » December 21st, 2020, 6:40 am

hickaggie wrote:
December 20th, 2020, 3:34 pm
BLUERUFiO wrote:
December 19th, 2020, 2:36 pm
IF Frank does have an attorney, there’s a decent chance the attorney is working on commission for a chunk of the settlement instead of billing hourly. As an injury attorney in the valley, I ONLY work on commission.
Employment law attorneys pursuing claims under federal grounds do both. The retain their client on a contigent fee and per federal law if they recover they can demand fees from the other side (usually a deep pocket government entity or private company). So even in a settlement they are demanding their fees and that usually goes to them in addition to the risk based contingency fee.
That’s interesting. I assume the fee award goes back to the client? It strikes me that if the lawyer has gotten the agreed upon contingency fee and attorneys fees are also awarded based on the lodestar (reasonable hourly rate x hours spent, for non-lawyers) post-judgment, it’d be a double dip for lawyer to keep the contingency fee and fee award. If not, it would seem in this scenario the client never got his/her fees awarded, but instead that the lawyer just got paid twice.

Just want to clear this up for the crowd that despises lawyers for having the gall to do basic due diligence like conducting a witness interview. :lol:



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Re: The biggest problem with the University AND Frank having attorneys

Post by USU78 » December 21st, 2020, 6:59 am

ineptimusprime wrote:
December 21st, 2020, 6:40 am
hickaggie wrote:
December 20th, 2020, 3:34 pm
BLUERUFiO wrote:
December 19th, 2020, 2:36 pm
IF Frank does have an attorney, there’s a decent chance the attorney is working on commission for a chunk of the settlement instead of billing hourly. As an injury attorney in the valley, I ONLY work on commission.
Employment law attorneys pursuing claims under federal grounds do both. The retain their client on a contigent fee and per federal law if they recover they can demand fees from the other side (usually a deep pocket government entity or private company). So even in a settlement they are demanding their fees and that usually goes to them in addition to the risk based contingency fee.
That’s interesting. I assume the fee award goes back to the client? It strikes me that if the lawyer has gotten the agreed upon contingency fee and attorneys fees are also awarded based on the lodestar (reasonable hourly rate x hours spent, for non-lawyers) post-judgment, it’d be a double dip for lawyer to keep the contingency fee and fee award. If not, it would seem in this scenario the client never got his/her fees awarded, but instead that the lawyer just got paid twice.

Just want to clear this up for the crowd that despises lawyers for having the gall to do basic due diligence like conducting a witness interview. :lol:
Fees going back to a client? Jajajajajajaja! 🤣😂🤣😂🤣


You keep using that word. I do not think it means what you think it means.

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Re: The biggest problem with the University AND Frank having attorneys

Post by ineptimusprime » December 21st, 2020, 9:43 am

USU78 wrote:
December 21st, 2020, 6:59 am
ineptimusprime wrote:
December 21st, 2020, 6:40 am
hickaggie wrote:
December 20th, 2020, 3:34 pm
BLUERUFiO wrote:
December 19th, 2020, 2:36 pm
IF Frank does have an attorney, there’s a decent chance the attorney is working on commission for a chunk of the settlement instead of billing hourly. As an injury attorney in the valley, I ONLY work on commission.
Employment law attorneys pursuing claims under federal grounds do both. The retain their client on a contigent fee and per federal law if they recover they can demand fees from the other side (usually a deep pocket government entity or private company). So even in a settlement they are demanding their fees and that usually goes to them in addition to the risk based contingency fee.
That’s interesting. I assume the fee award goes back to the client? It strikes me that if the lawyer has gotten the agreed upon contingency fee and attorneys fees are also awarded based on the lodestar (reasonable hourly rate x hours spent, for non-lawyers) post-judgment, it’d be a double dip for lawyer to keep the contingency fee and fee award. If not, it would seem in this scenario the client never got his/her fees awarded, but instead that the lawyer just got paid twice.

Just want to clear this up for the crowd that despises lawyers for having the gall to do basic due diligence like conducting a witness interview. :lol:
Fees going back to a client? Jajajajajajaja! 🤣😂🤣😂🤣
Ummm... if the client has already paid your fee, that's how it works. At least when you're on an hourly rate and have already been paid. In the above scenario, the attorney has already been paid as agreed by the contingency fee. Why would they also get to keep the lodestar amount awarded by the court?

I have NEVER done plaintiff's work, but any time we as the defense recover our fees, either a check gets cut out of trust back to the client or the fee award is paid directly to the client, because we've already been paid.



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Re: The biggest problem with the University AND Frank having attorneys

Post by hickaggie » December 21st, 2020, 10:27 am

ineptimusprime wrote:
December 21st, 2020, 9:43 am
USU78 wrote:
December 21st, 2020, 6:59 am
ineptimusprime wrote:
December 21st, 2020, 6:40 am
hickaggie wrote:
December 20th, 2020, 3:34 pm
BLUERUFiO wrote:
December 19th, 2020, 2:36 pm
IF Frank does have an attorney, there’s a decent chance the attorney is working on commission for a chunk of the settlement instead of billing hourly. As an injury attorney in the valley, I ONLY work on commission.
Employment law attorneys pursuing claims under federal grounds do both. The retain their client on a contigent fee and per federal law if they recover they can demand fees from the other side (usually a deep pocket government entity or private company). So even in a settlement they are demanding their fees and that usually goes to them in addition to the risk based contingency fee.
That’s interesting. I assume the fee award goes back to the client? It strikes me that if the lawyer has gotten the agreed upon contingency fee and attorneys fees are also awarded based on the lodestar (reasonable hourly rate x hours spent, for non-lawyers) post-judgment, it’d be a double dip for lawyer to keep the contingency fee and fee award. If not, it would seem in this scenario the client never got his/her fees awarded, but instead that the lawyer just got paid twice.

Just want to clear this up for the crowd that despises lawyers for having the gall to do basic due diligence like conducting a witness interview. :lol:
Fees going back to a client? Jajajajajajaja! 🤣😂🤣😂🤣
Ummm... if the client has already paid your fee, that's how it works. At least when you're on an hourly rate and have already been paid. In the above scenario, the attorney has already been paid as agreed by the contingency fee. Why would they also get to keep the lodestar amount awarded by the court?

I have NEVER done plaintiff's work, but any time we as the defense recover our fees, either a check gets cut out of trust back to the client or the fee award is paid directly to the client, because we've already been paid.
I don't know how standard it is but that was how I saw it done with the one employment law Plaintiff's attorney I have dealt with. It was part of the written fee agreement per my understanding. But maybe that's not standard federal employment law practice. Not my area although doing general law stuff I have gotten to understand it a bit.

I also believe it is pretty common and standard with 1983 police civil rights actions but I could be wrong.



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Re: The biggest problem with the University AND Frank having attorneys

Post by ineptimusprime » December 21st, 2020, 10:33 am

hickaggie wrote:
December 21st, 2020, 10:27 am
ineptimusprime wrote:
December 21st, 2020, 9:43 am
USU78 wrote:
December 21st, 2020, 6:59 am
ineptimusprime wrote:
December 21st, 2020, 6:40 am
hickaggie wrote:
December 20th, 2020, 3:34 pm
BLUERUFiO wrote:
December 19th, 2020, 2:36 pm
IF Frank does have an attorney, there’s a decent chance the attorney is working on commission for a chunk of the settlement instead of billing hourly. As an injury attorney in the valley, I ONLY work on commission.
Employment law attorneys pursuing claims under federal grounds do both. The retain their client on a contigent fee and per federal law if they recover they can demand fees from the other side (usually a deep pocket government entity or private company). So even in a settlement they are demanding their fees and that usually goes to them in addition to the risk based contingency fee.
That’s interesting. I assume the fee award goes back to the client? It strikes me that if the lawyer has gotten the agreed upon contingency fee and attorneys fees are also awarded based on the lodestar (reasonable hourly rate x hours spent, for non-lawyers) post-judgment, it’d be a double dip for lawyer to keep the contingency fee and fee award. If not, it would seem in this scenario the client never got his/her fees awarded, but instead that the lawyer just got paid twice.

Just want to clear this up for the crowd that despises lawyers for having the gall to do basic due diligence like conducting a witness interview. :lol:
Fees going back to a client? Jajajajajajaja! 🤣😂🤣😂🤣
Ummm... if the client has already paid your fee, that's how it works. At least when you're on an hourly rate and have already been paid. In the above scenario, the attorney has already been paid as agreed by the contingency fee. Why would they also get to keep the lodestar amount awarded by the court?

I have NEVER done plaintiff's work, but any time we as the defense recover our fees, either a check gets cut out of trust back to the client or the fee award is paid directly to the client, because we've already been paid.
I don't know how standard it is but that was how I saw it done with the one employment law Plaintiff's attorney I have dealt with. It was part of the written fee agreement per my understanding. But maybe that's not standard federal employment law practice. Not my area although doing general law stuff I have gotten to understand it a bit.
Ah — if the client agrees to getting bludgeoned with a blended fee like that, I suppose it’s fair game. :lol: Sure seems like a double-dip and contrary to the “Robin Hood” image most plaintiff’s lawyers I deal with want to curate.

I am a guy that hates billing and feels guilty about charging for the time I spend on things, so take it with a grain of salt. I know I couldn’t afford me. Almost everything raises my ethics red flags.

It’s a world I don’t deal with personally. We mostly just do insurance defense and big-ticket commercial litigation.



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Re: The biggest problem with the University AND Frank having attorneys

Post by El Sapo » December 21st, 2020, 11:00 am

Frank has an attorney, USU has an attorney, Cockett could need her own attorney, so could Hartwell.

What about the "investigation?" The school does one. Frank could have his own investigation.

So yea, this could take some time, and generate some billable hours, and hopefully drag on longer than the media's attention span.....


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Re: The biggest problem with the University AND Frank having attorneys

Post by ineptimusprime » December 21st, 2020, 11:16 am

El Sapo wrote:
December 21st, 2020, 11:00 am
Frank has an attorney, USU has an attorney, Cockett could need her own attorney, so could Hartwell.

What about the "investigation?" The school does one. Frank could have his own investigation.

So yea, this could take some time, and generate some billable hours, and hopefully drag on longer than the media's attention span.....
You can add the courts being bogged down and backlogged due to COVID as another factor that could cause delays. This is assuming a lawsuit is ever filed. It may well settle pre-suit. Who knows.



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Re: The biggest problem with the University AND Frank having attorneys

Post by El Sapo » December 21st, 2020, 11:34 am

ineptimusprime wrote:
December 21st, 2020, 11:16 am
El Sapo wrote:
December 21st, 2020, 11:00 am
Frank has an attorney, USU has an attorney, Cockett could need her own attorney, so could Hartwell.

What about the "investigation?" The school does one. Frank could have his own investigation.

So yea, this could take some time, and generate some billable hours, and hopefully drag on longer than the media's attention span.....
You can add the courts being bogged down and backlogged due to COVID as another factor that could cause delays. This is assuming a lawsuit is ever filed. It may well settle pre-suit. Who knows.
Yep it all comes down to the money. I never thought that was right, but you have to understand and accept it.

Is the investigation(s) confidential? If so, maybe USU let's this ride. This is not going to be in the news everyday like the Muller report. People in CA mistakenly think it's the stench or the U being investigated :cheers: . Cache Valley? Logan? Where is that?

So, is it possible we let it go without settling?
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Re: The biggest problem with the University AND Frank having attorneys

Post by Stewie Griffin » December 21st, 2020, 11:53 am

brownjeans wrote:
December 19th, 2020, 9:34 am
True.

Both Cockett and Maile have long-standing reputations for high character. They could probably get together and resolve this if left to their own to do so.
This is exactly what should have happened. Why didn't it? Because Frank took his ball and went home! At one time I thought Frank could be an excellent head coach. but the last three weeks, lawsuits, investigations, not playing the CSU game, not keeping the players under control, has shown an incredible lack of leadership skills.
The hypocrisy he has shown is very disappointing to me. Do as I say not as I do. go to church but make other people's lives miserable with rumors and propaganda. I'm not at all happy with Frank. And to be quite honest, I could really care less if he is retained on this staff or not.



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Re: The biggest problem with the University AND Frank having attorneys

Post by El Sapo » December 21st, 2020, 12:07 pm

Stewie Griffin wrote:
December 21st, 2020, 11:53 am
brownjeans wrote:
December 19th, 2020, 9:34 am
True.

Both Cockett and Maile have long-standing reputations for high character. They could probably get together and resolve this if left to their own to do so.
This is exactly what should have happened. Why didn't it? Because Frank took his ball and went home! At one time I thought Frank could be an excellent head coach. but the last three weeks, lawsuits, investigations, not playing the CSU game, not keeping the players under control, has shown an incredible lack of leadership skills.
The hypocrisy he has shown is very disappointing to me. Do as I say not as I do. go to church but make other people's lives miserable with rumors and propaganda. I'm not at all happy with Frank. And to be quite honest, I could really care less if he is retained on this staff or not.
In another universe, GA fires Frank after the Nevada game when our Defense is ranked bottom 5-10 in the nation.

We still beat New Mexico, lose to Colorado St., fire GA post season and hire Anderson, none of our players leave the program or are kicked off the team, and the zoom meeting never happens.

Ahh the benefits of hindsight


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Re: The biggest problem with the University AND Frank having attorneys

Post by brownjeans » December 21st, 2020, 1:06 pm

Stewie Griffin wrote:
December 21st, 2020, 11:53 am
brownjeans wrote:
December 19th, 2020, 9:34 am
True.

Both Cockett and Maile have long-standing reputations for high character. They could probably get together and resolve this if left to their own to do so.
This is exactly what should have happened. Why didn't it? Because Frank took his ball and went home! At one time I thought Frank could be an excellent head coach. but the last three weeks, lawsuits, investigations, not playing the CSU game, not keeping the players under control, has shown an incredible lack of leadership skills.
The hypocrisy he has shown is very disappointing to me. Do as I say not as I do. go to church but make other people's lives miserable with rumors and propaganda. I'm not at all happy with Frank. And to be quite honest, I could really care less if he is retained on this staff or not.
All of this is speculation. For all you know Frank tried and was turned away under advisement from USU legal council. Also, could Cockett have done this too? Could Hartwell have gotten them together?
Seems like Hartwell put Cockett in a bad situation with the leadership council and didn't say or do anything to help matters.

Just say'n I think the responsibility is shared and whether it's herd mentality or bystander effect, no one stepped forward and a lot of people in leadership failed to lead.



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Re: The biggest problem with the University AND Frank having attorneys

Post by Aglicious » December 22nd, 2020, 5:11 pm

brownjeans wrote:
December 21st, 2020, 1:06 pm
Stewie Griffin wrote:
December 21st, 2020, 11:53 am
brownjeans wrote:
December 19th, 2020, 9:34 am
True.

Both Cockett and Maile have long-standing reputations for high character. They could probably get together and resolve this if left to their own to do so.
This is exactly what should have happened. Why didn't it? Because Frank took his ball and went home! At one time I thought Frank could be an excellent head coach. but the last three weeks, lawsuits, investigations, not playing the CSU game, not keeping the players under control, has shown an incredible lack of leadership skills.
The hypocrisy he has shown is very disappointing to me. Do as I say not as I do. go to church but make other people's lives miserable with rumors and propaganda. I'm not at all happy with Frank. And to be quite honest, I could really care less if he is retained on this staff or not.
All of this is speculation. For all you know Frank tried and was turned away under advisement from USU legal council. Also, could Cockett have done this too? Could Hartwell have gotten them together?
Seems like Hartwell put Cockett in a bad situation with the leadership council and didn't say or do anything to help matters.

Just say'n I think the responsibility is shared and whether it's herd mentality or bystander effect, no one stepped forward and a lot of people in leadership failed to lead.
Buy why would Cockett or Hartwell call for a get together? As far as they knew they had gone out of their way to hold a meeting with the leadership council and let them voice their opinion. JH and NC had no idea there was anything wrong or anything to further address or clear up until the players went to the media. As soon as they did that and Hartwell and Cockett found out about this with the rest of us, President Cockett's first reaction (after being shocked at the accusations) was to say she was dedicated to meeting with the student athletes and letting them have a voice. Basically implying she wanted to meet and talk things out. She did exactly what you are calling for as soon as she heard the player's concerns. Of course the lawyers jumped in and that put an end to everything.
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Re: The biggest problem with the University AND Frank having attorneys

Post by brownjeans » December 22nd, 2020, 10:23 pm

Aglicious wrote:
December 22nd, 2020, 5:11 pm
brownjeans wrote:
December 21st, 2020, 1:06 pm
Stewie Griffin wrote:
December 21st, 2020, 11:53 am
brownjeans wrote:
December 19th, 2020, 9:34 am
True.

Both Cockett and Maile have long-standing reputations for high character. They could probably get together and resolve this if left to their own to do so.
This is exactly what should have happened. Why didn't it? Because Frank took his ball and went home! At one time I thought Frank could be an excellent head coach. but the last three weeks, lawsuits, investigations, not playing the CSU game, not keeping the players under control, has shown an incredible lack of leadership skills.
The hypocrisy he has shown is very disappointing to me. Do as I say not as I do. go to church but make other people's lives miserable with rumors and propaganda. I'm not at all happy with Frank. And to be quite honest, I could really care less if he is retained on this staff or not.
All of this is speculation. For all you know Frank tried and was turned away under advisement from USU legal council. Also, could Cockett have done this too? Could Hartwell have gotten them together?
Seems like Hartwell put Cockett in a bad situation with the leadership council and didn't say or do anything to help matters.

Just say'n I think the responsibility is shared and whether it's herd mentality or bystander effect, no one stepped forward and a lot of people in leadership failed to lead.
Buy why would Cockett or Hartwell call for a get together? As far as they knew they had gone out of their way to hold a meeting with the leadership council and let them voice their opinion. JH and NC had no idea there was anything wrong or anything to further address or clear up until the players went to the media. As soon as they did that and Hartwell and Cockett found out about this with the rest of us, President Cockett's first reaction (after being shocked at the accusations) was to say she was dedicated to meeting with the student athletes and letting them have a voice. Basically implying she wanted to meet and talk things out. She did exactly what you are calling for as soon as she heard the player's concerns. Of course the lawyers jumped in and that put an end to everything.
Fair. Could be.



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Re: The biggest problem with the University AND Frank having attorneys

Post by Imakeitrain » December 22nd, 2020, 10:29 pm

Works on contingency? No, money down!


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Re: The biggest problem with the University AND Frank having attorneys

Post by El Sapo » December 30th, 2020, 12:10 pm

Looks like school policy sets 45 days for the Affirmative Action Committee to do it's investigation. 60 days to report back to the parties involved. They have some wiggle room if they need it. The dates aren't set in stone. Probably have an extension due to the holidays, right?

After that each side has 10 days to appeal.

This being over in say 3 months? Priceless!


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Re: The biggest problem with the University AND Frank having attorneys

Post by Stucki » December 30th, 2020, 2:06 pm

Do we know that Frank has filed a suit, or is it just an assumption that he has?


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