tag:blogger.com,1999:blog-3669412675139526125.post7477881675316850003..comments2024-03-12T21:13:06.850-05:00Comments on Legal Schnauzer: Here is the only post I've ever let someone talk me into censoring, and it proved to be predictive of the outcome in $3.5 million default-judgment hearinglegalschnauzerhttp://www.blogger.com/profile/09619089628125964154noreply@blogger.comBlogger10125tag:blogger.com,1999:blog-3669412675139526125.post-68268289530608699752016-12-05T12:58:22.657-06:002016-12-05T12:58:22.657-06:00I like your poetic touch, @12:57. I'd say all ...I like your poetic touch, @12:57. I'd say all three are slimy enough to do it, not to mention some of the other slime bags they are tied to.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-39951402840634318522016-12-05T12:57:29.333-06:002016-12-05T12:57:29.333-06:00Who made the pay to Hay--was it Garrion, Baxley, o...Who made the pay to Hay--was it Garrion, Baxley, or Strange?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-4877884384947323052016-12-05T12:48:58.465-06:002016-12-05T12:48:58.465-06:00The question now: Who laid the pay on Davy Hay?The question now: Who laid the pay on Davy Hay?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-9559242880069776922016-12-05T12:42:41.994-06:002016-12-05T12:42:41.994-06:00Thanks for a profound and insightful post, @12:41....Thanks for a profound and insightful post, @12:41. I had not thought of it in those terms, but every word you write makes absolute sense. legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-61488799207878084092016-12-05T12:41:13.213-06:002016-12-05T12:41:13.213-06:00If Hay took your case on a contingency basis, but ...If Hay took your case on a contingency basis, but then pushed for Garrison's "$1 proposal," that tells me he was paid from somewhere other than your pocket -- and it suggests he was representing someone else's interests, not yours. If you had accepted the $1 deal, that would have meant no recovery for you, and no contingency fee for Hay. That's not how lawyers act when they are on the up and up; they want to be paid, they have to be paid in order to run a business.<br /><br />The whole point of a contingency agreement is to provide motivation for the lawyer to seek a substantial recovery -- one he can share in. This does not pass the smell test with me. That Hay was pushing for you to accept the $1 deal tells me he had an arrangement to be paid by someone else. Very ugly, indeed.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-74487082686350105622016-12-05T11:58:25.634-06:002016-12-05T11:58:25.634-06:00I would not advise it, @11:56. The only good thing...I would not advise it, @11:56. The only good thing, from my standpoint, is that he took my case on contingency basis, so it didn't cost me anything. He did get a lot of free advertising out of it, which pisses me off.legalschnauzerhttps://www.blogger.com/profile/09619089628125964154noreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-32459982802884367012016-12-05T11:56:51.654-06:002016-12-05T11:56:51.654-06:00I don't think I'll be seeking Davy Hay'...I don't think I'll be seeking Davy Hay's legal services any time soon.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-48313873861407553302016-12-05T11:55:33.449-06:002016-12-05T11:55:33.449-06:00The key point of this story, I think, is that ther...The key point of this story, I think, is that there is a difference between service of a regular court document and service of a default judgment application. Yes, you had an obligation to notify the court of an address change, for service of regular documents -- although service by email is acceptable in all jurisdictions of which I'm aware.<br /><br />But a default application hardly is a normal legal document. In this instance, Garrison was asking the court to declare her the winner, without there even being a fight. That shifts the burden to her, and rightly so. In Alabama, the law says she must not only determine your address, she must make sure you actually receive the notice. And if that requires her to track you down . . . so be it. It should not have been all that hard in this instance because she had your email address.<br /><br />She was asking to be declared the winner with no opposition. The law says, "You are asking for the legal version of a 'gimme putt,' so it's not too much to ask you to make sure the other guy receives notice of your default application and any hearing on the matter." Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-70333802474909772702016-12-05T08:54:15.105-06:002016-12-05T08:54:15.105-06:00Looks like you had the law nailed on this one, lon...Looks like you had the law nailed on this one, long before Blankenship even ruled. I'm sure that will infuriate some commenters from the "lunatic fringe."Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3669412675139526125.post-86013539903642846032016-12-05T08:40:25.600-06:002016-12-05T08:40:25.600-06:00Davy Hay didn't want to look like he couldn...Davy Hay didn't want to look like he couldn't control his client? What a load of crap. Lawyers seem to specialize in this stuff.Anonymousnoreply@blogger.com