Can you use punitive damages as a way to get more money during settlement negotiations?

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  • čas přidán 20. 04. 2024
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Komentáře • 19

  • @Poecuz
    @Poecuz Před 2 měsíci +9

    Hi Vince, I hired your firm a couple of weeks ago. So far your team has been great -- i was going to call tomorrow to ask this very question. I guess we are in sync! It is nice to be able to check into your youtube channel for information and/or to calm my nerves. Glad you are here.

    • @jawndoekck
      @jawndoekck Před 2 měsíci +2

      Do your case a favor and don’t specifically mention on the channel that Vince is representing you. Basically it gives opposing counsel a lead on where to look for comments and such you might have left other YT channels that could be used to paint you in a negative light. These are public comments, so they have almost no attorney-client confidentiality privilege.
      For his firm the lawyers that are assigned to your case can’t bill YT for the hours spent on the case, which absolutely is run of the mill stuff. Should a case go all the way to a judgement in your favor with an attorney fees award those billable attorney hours are paid by the defendant. Vince mentioned previously in his videos that his firm will subtract attorney fees awards from the percentage of the judgement awarded to the plaintiff, which has the effect of increasing the amount the plaintiff keeps as a percentage. I can see where in hypothetical $300k damages plus $300k fees case that would be an effective 0% of your award that goes to them instead of the 35% - 45% they probably had you agree to.
      There’s also an extremely remote possibility that the case and relationship could end up needing lawyers to go after lawyers. Almost never happens, but if it does answers to questions on here would be of little evidentiary value. Not that you need to worry about it, but still it’s wise to make sure that your bases are covered. There’s probably also a bunch of Bar Association rules that dictate what exactly is and isn’t legal advice in the context of an attorney client relationship, and Vince seems to be the sort of lawyer that doesn’t want to risk his license to go after employers.
      I think that Vince’s videos are good because if you asked this question directly to him my experience in watching too many of these videos tells informs that he’d downplay the leverage of possible punitive damages in settlement negotiations. Dude seems like an under promise and over deliver type of professional. As much as he tries to put forth an image of being easy going and living a life of leisure the fact that the audio quality is still questionable on this channel shows us that he’s a workaholic by nature and probably also hires the same for his associates. FWIW I am not attorney, and if I actually took Vince’s advice then I would go back to school and become one, so just take my comment simply as suggestions for research. You’re more fortunate than those of us who couldn’t get Vince to represent us, so take advantage of that opportunity to ask your attorneys questions directly. Just don’t spam them for a whole day straight turning their cellphone into an annoying alarm that won’t stop beeping.

    • @ProSePlaintiff
      @ProSePlaintiff Před 2 měsíci

      Did Vinny overcharge you? Is it 40%?

    • @jawndoekck
      @jawndoekck Před 2 měsíci +1

      @@ProSePlaintiff kinda hard to overcharge what hasn’t been charged.

    • @ProSePlaintiff
      @ProSePlaintiff Před 2 měsíci +1

      @@jawndoekck So if a lawyer charges 100% if they win, it is not overcharging? The percentage is important.

    • @jawndoekck
      @jawndoekck Před 2 měsíci +1

      @@ProSePlaintiff I think you read what I wrote backwards, or you don’t understand that attorneys fees always go directly to the lawyers and almost never do lawyers give up any of their contingency percentage. It’s a decent thing if you ask me. I know of a case where the plaintiff prevailed against a mega corporation and they were awarded $300K damages and the attorneys fees were two million. Vince’s contingency offset is good way of demonstrating that he genuinely cares about the results of his case other than just collecting checks.

  • @JoMahmah
    @JoMahmah Před 2 měsíci +1

    Hi Vince! Can you please do a video on selecting the EEOC route versus the federal district court route (my viewpoint is specifically from a federal employee viewpoint). What are the factors to consider when selecting one route over the other? Thank you! You’re awesome! 😊

  • @Nothingbutloveandlaughs
    @Nothingbutloveandlaughs Před 2 měsíci +4

    Vince! Please help!!! If a witness lies in testimony during deposition and they are under oath, are they allowed to be a witness in trial?

    • @charleslara8495
      @charleslara8495 Před 2 měsíci +6

      If they lie in deposition isn't this what you want. If you can prove they lied/told an untruth it would
      seem to be a good thing you can show the person/s are not honest
      and that what they say sould not be re-"lied" upon as truth.😂😮

    • @Nothingbutloveandlaughs
      @Nothingbutloveandlaughs Před 2 měsíci

      @@charleslara8495 Can you provide evidence on what led up to me being falsely accused?

    • @charleslara8495
      @charleslara8495 Před 2 měsíci

      Who lied you or someone else? If they lied and you can prove it great for you and the same goes for them. ABC/123...

    • @Nothingbutloveandlaughs
      @Nothingbutloveandlaughs Před 2 měsíci

      @@charleslara8495 They did.

  • @charleslara8495
    @charleslara8495 Před 2 měsíci +1

    A team is a team, weak link or not every person on the team should be valued.

  • @thenosepicker
    @thenosepicker Před 14 dny

    Yo Vinny did you buy the panelling on the wall or did it come with the property? Do you think that Roman Reigns will come back and beat Cody Rhodes?

  • @jawndoekck
    @jawndoekck Před 2 měsíci +2

    Interesting thoughts regarding no way of foretelling what a jury might award. There’s at least one state where that’s not true. In California they’ve had so many run away juries that there’s ample authorities that box them in. There do use formulas that start with an absolute cap of 10% of defendant’s net worth or 10X actual damages generally whichever is less. Then there is more about the severity of the conduct. Punitive damages for widespread poisoning of the masses will see the full 10X while a douchebag racist employer inflicting emotional damage with physical symptoms will see about 3X, and say the same thing but no physical injury it’s 1x to 2X.

  • @bambinodadon871
    @bambinodadon871 Před 2 měsíci +2

    That’s exactly wat I meant god is good lol😂

  • @ProSePlaintiff
    @ProSePlaintiff Před 2 měsíci +1

    Has Mr. White gone crazy onnnnn his channel? 😮