Whoa?
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If any of the defendants, especially MB, actually thought JK was the “mastermind” of an “evil plot” against MB, to “take the farm” for example, I would have thought they would have added him as a party to the suit by now.
That’s what she said to me and threatened me with. It’s right there in writing. Call her up and ask HER. Or, maybe she doesn’t know about property liens as much as she thinks she does?
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Some thoughts about lawyers, etc.
The KTeam civil suit was launched very early, before the criminal trial, in part I think to be able to ask that the farm not be sold. I think it makes sense to do so, given that you can’t be sure that the criminal trial will conclude before the statute of limitations on civil trial runs out. As indeed was the case. I also think this is a pressure tactic on the defendent who now has to think about two trials. And it’s an attempt to freeze the assets so he has less money for his own legal fees.
Things looked very different to KTeam then, than they do to the world now.
As far as lawyers, not every firm has a dedicated ambulance chaser or even a geared up personal injury specialist. You have to go find them. And in general the ambulance chaser is a different breed than a probate lawyer or corporate lawyer :). The ambulance chaser counts his victories in settlements won and pushing the envelope is part of that.
There are three kinds of legal advice.
One is, your lawyer friend says: “that’s not my area of specialization and I can’t really advise you but in general this is what happens in such cases…”
A second is your own hired lawyer at the start saying “Well, based on what we have in front of us right now, I would say we can do…”
A third is deeper in, when things have changed. Your lawyer will say “Based on what has happened so far, you have several options with different costs and risks. You can continue, withdraw, or modify and here is how each will work…”
A lawyer is hired by you at great expense to pursue your own wishes and interests in the court system.
We don’t know what’s going on behind the scenes.
A lawyer can say "your chance of winning this suit is somewhat less certain than it was 3 years ago when we filed, but obviously not impossible. Here’s what it will cost to continue and here are the risks if you lose. " Then it’s up to the clients to decide. Obviously our individual financial situation, risk tolerance, and emotional investment in the case will vary enormously. Lots of people stay in lawsuits to harass the other person, express their anger, or try to make a point. Sometimes they win. Sometimes like the horrorshow science grad student above they lose repeatedly.
You can tell a lawyer how you want to strategize and if it’s within some kind of legal parameters they will accommodate it.
For both lawyer and client, there’s a strong element of sunk costs. They both invested a lot. It gets harder and harder to walk away. Lawyers won’t fire a client unless the behavior is truly impossible. And I’m sure KTeams lawyers go through JK, not direct to LK.
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Yep. BigLaw firms don’t have them at all. That’s why her BIL/his firm cannot help in this situation. Personal injury is not what those firms do. PI firms generally do only that. We do all kinds of corporate: banking, international capital markets, project finance, restructuring, general corporate, real property, corporate litigation, and some have an arbitration practice as well. No personal injury, though.
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You say you don’t follow her SM, so why would you have?
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How would all three defendants be granted a judgement against her when only MB has a counter suit? Are you referring to their defense costs?
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If her lawyer took the case on a contingency basis, she won’t even owe that.
She actually didn’t say “unlimited funds”. It was “unlimited resources” if I recall correctly. Two totally different animals with the second being purposely vague.
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If she starts at zero, then his having taken the plea deal (if he had) wouldn’t have an effect on the civil case, correct?
He plead NGRI. He did not plead “Not Guilty”.
He was found NGRI. He was not found “Not Guilty” on the two charges related to LKs injuries.
You can discharge your own lawyers’ fees by declaring bankruptcy (based on what I’ve heard during the AH case), so if you have no seizable assets, in some cases you might not have anything to lose at all.
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Just a few tidbits I would like to add:
There are whole firms that are insurance defense firms. Like other lawyers, some are good, some not so much. And, yes, they do have ongoing relationships with insurance companies who turn to them if the insurance company has decided that, under the policy terms, they need to provide counsel to the insured.
In my neck of the woods, liability coverage is not even discoverable. And arbitration is binding.
And, in order to obtain a lien, one must first prevail in a court of law and obtain said lien against the other party’s property. A long, expensive, painful road. So, to say that who cares if you have a lien, there is much heartache that preceeds that.
If someone has never been even tangentially involved in a lawsuit, it’s unimagineable how difficult and stressful they are. And they can, and do, literally, drag on for years. It’s not something you say, “so what” about.
Lastly, as to “punishment” for misbehaving lawyers, I know of one attorney that lied to the court while on the stand, to the detriment of the other party, was found out. He got a one year suspension of his license. This was not his first problem with the Professional Responsiblity people…
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I’m struck by the trust MB put in Bilinkis and Deininger.
When it came to the trial, at one point the judge asked what MB wanted to do (I forget the details) and he basically responded “whatever Mr Bilinkis says”. The judge even asked again to be sure…
Its an incredible thing, to trust, when you’ve been so soundly abused by others.
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Twice in one day! You win the internet AGAIN.
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Legal experts… at what point in the process might the suit with LK and SGF LLC go to arbitration? What factors determine this?
In the PM you posted, she threatened to have a lien placed on your assets if you refused to pay a judgement she might potentially (hypothetically) obtain against her.
Just like posters here are talking about garnishing trust fund payouts and placing liens on GP horses if LK doesn’t pay some hypothetical judgement against her.
It’s AOK for SGF and MB to use the courts to attempt satisfy a (super hypothetical) court ordered judgement, but it is not OK if LK does? Of course it is.
You could have laughed off her bluff that she would sue you for defamation, but you seem to need the drama of being the victim.
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I wish for this everyday.
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@Knights_Mom, I started to respond but it just doesn’t make any difference does it. Ironic that some don’t think we obtained legal advice regarding this shyster, isn’t it?
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I follow COTH. Isn’t that SM?
Lots of her posts on SM other than COTH get reposted here, often by you or Eggbutt. I did not see that assertion here on COTH either by her posting it here or by someone reposting it here.
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Wouldn’t that be glorious? Each time I see a post from them, I picture this …
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