Plaintiff's Law...How to Learn it?

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Plaintiff's Law...How to Learn it?

Postby Anonymous User » Mon Oct 15, 2018 7:02 pm

I graduated from law school 2 years ago, and am interested in taking on Plaintiff's law cases. I know this encompasses a lot, but I suppose my underlying question is: How does one learn the nuts and bolts of plaintiff's law? Has anyone used a book or treaty that has been helpful? I feel like I somehow missed the basics in law school of how a Plaintiff's law case ACTUALLY works. And I'm interested in picking up one or two cases this upcoming year, or in the future in general, but feel like I do not have a basic understanding of how this would work.

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BasilHallward

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Re: Plaintiff's Law...How to Learn it?

Postby BasilHallward » Mon Oct 15, 2018 11:39 pm

Anonymous User wrote:I graduated from law school 2 years ago, and am interested in taking on Plaintiff's law cases. I know this encompasses a lot, but I suppose my underlying question is: How does one learn the nuts and bolts of plaintiff's law? Has anyone used a book or treaty that has been helpful? I feel like I somehow missed the basics in law school of how a Plaintiff's law case ACTUALLY works. And I'm interested in picking up one or two cases this upcoming year, or in the future in general, but feel like I do not have a basic understanding of how this would work.



Great use of anon. I'm not trying to be a douche, but are you sure you've graduated law school a few years back? I ask, because I don't understand your question. What have you been doing since you graduated? Have you seen/filed a motion? What type of plaintiff's work are you looking to get into?

tl;dr

Ask a more pointed question.

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Re: Plaintiff's Law...How to Learn it?

Postby Anonymous User » Tue Oct 16, 2018 3:36 am

Anyone else out there who is more respectful than the above poster who might be able to assist? Looking for a helpful book that one can read as a foundation for approaching how a plaintiff's case works (e.g., a slip and fall case). With all due, this isn't meant to be a more pointed question.

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Re: Plaintiff's Law...How to Learn it?

Postby Anonymous User » Tue Oct 16, 2018 6:23 am

Combine civil procedure with torts = write good complaints and file them with a court of correct jurisdiction. Make sure to follow FRCP 11.

To find some good complaints and other motions, check PACER, Courtlink, or maybe random government websites.

I unfortunately agree with above poster; provide more details. And your legal education should have at least provided the legal aspect of winning.

For mechanics like getting clients, doing trials, etc. you either learn on the job, or first work at another firm.

nixy

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Re: Plaintiff's Law...How to Learn it?

Postby nixy » Tue Oct 16, 2018 8:23 am

Anonymous User wrote:Anyone else out there who is more respectful than the above poster who might be able to assist? Looking for a helpful book that one can read as a foundation for approaching how a plaintiff's case works (e.g., a slip and fall case). With all due, this isn't meant to be a more pointed question.

I had exactly the same reaction as above. There are lots of plaintiffs in lots of kinds of cases - a personal injury case isn’t the same as a civil rights case which isn’t the same as a class action case. So I, too, was going to ask you to be much more specific. I am entirely unaware of any resources for “plaintiff’s” law as opposed to tort law, employment law, etc.

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Re: Plaintiff's Law...How to Learn it?

Postby Neff » Tue Oct 16, 2018 10:29 am

Looks like somebody graduated from Arizona Summit Law School.

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Re: Plaintiff's Law...How to Learn it?

Postby Anonymous User » Tue Oct 16, 2018 11:39 am

I see the confusion now. I'm the OP. Let's say I have a personal injury matter to be the most specific. Any ideas on books to help?

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Re: Plaintiff's Law...How to Learn it?

Postby johndhi » Tue Oct 16, 2018 7:19 pm

sorry all of the people are being douches on this thread.

I don't know of any books, but I'd recommend looking at the websites of the top plaintiffs' firms to first understand the practice areas people are involved in. Eg look at Lieff Cabraser. The attorneys tend to specialize in particular practice areas. You could read cases or treatises about those specific areas.

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Re: Plaintiff's Law...How to Learn it?

Postby OMLS48 » Tue Oct 16, 2018 7:30 pm

Sorry, OP, people on here can be pretty ruthless. But to be fair, you do sound like someone outside the realm of law who is seeking legal advice on a personal injury claim.

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BasilHallward

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Re: Plaintiff's Law...How to Learn it?

Postby BasilHallward » Tue Oct 16, 2018 10:17 pm

OMLS48 wrote:Sorry, OP, people on here can be pretty ruthless. But to be fair, you do sound like someone outside the realm of law who is seeking legal advice on a personal injury claim.


I wouldn't say we are being pretty ruthless, but simply echoing your exact sentiment. Hence, why I asked if he/she went to law school, which you also suspect could be false. We have anon poster asking "how do you law" when he/she graduated from a law school 2 years ago. I agree TLS can be ruthless, but not ITT lawl

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Re: Plaintiff's Law...How to Learn it?

Postby QContinuum » Tue Oct 16, 2018 10:37 pm

OMLS48 wrote:Sorry, OP, people on here can be pretty ruthless. But to be fair, you do sound like someone outside the realm of law who is seeking legal advice on a personal injury claim.


Eh, I briefly skimmed OP's post history and s/he appears to actually be a lawyer. (Obviously not going to out OP, as they haven't abused anon.)

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BasilHallward

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Re: Plaintiff's Law...How to Learn it?

Postby BasilHallward » Tue Oct 16, 2018 10:43 pm

QContinuum wrote:
OMLS48 wrote:Sorry, OP, people on here can be pretty ruthless. But to be fair, you do sound like someone outside the realm of law who is seeking legal advice on a personal injury claim.


Eh, I briefly skimmed OP's post history and s/he appears to actually be a lawyer. (Obviously not going to out OP, as they haven't abused anon.)



Fair enough. Apologies to OP. But yeah, read law review articles/treatises on class action stuff, CWA, CAA, personal injury (whatever floats your boat; fall in love with FRCP and your state rules/evidence and get comfortable with mediation/arbitration mechanics. Obviously, you'll need to narrow your focus going forward.

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Re: Plaintiff's Law...How to Learn it?

Postby lavarman84 » Wed Oct 17, 2018 12:46 am

OP, my recommendation is that you figure out what area of personal injury law you are interested in practicing and then you read up on the key cases, jury instructions, statutory/constitutional requirements, secondary sources, etc. for that area of law in your state. There can be some tricky and thorny issues in certain areas of law. Sometimes, tort reform statutes impose weird requirements before you can file suit (this is common in medical malpractice) or there are certain things you have to prove that you might not expect in terms of common sense (this is something to monitor in slip and fall; I know Texas has some requirements that make those cases a little more difficult).

You'll also need to learn how to draft a complaint for that sort of claim, understand discovery devices and discovery plans, how to authenticate documents (especially exhibits), etc. It's not the easiest thing to do. It can be a bit overwhelming without training. Plus, vetting claims can be a bit tricky until you get experience (and that's a big risk in P-side law; taking on losers can cost you a lot of money). All in all, it's not going to be easy, but you can prepare. Frankly, it would really help you to have a mentor who practices the sort of law you want to practice. Having somebody who can walk you through everything you'll need to know is invaluable.



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