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Speaker 1: Welcome to the crime around up y'all. There's so much

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Speaker 1: to unpack today, there's no reason to even do a

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Speaker 1: long introduction about anything. Joshua shit, forget on in here, honey.

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Speaker 2: I don't know if I want to come, because it's

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Speaker 2: it's just gorgeous outside. I tell you, I tell you,

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Speaker 2: these cool crisp weather. We're having what we call this

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Speaker 2: out the fakeball because we know it ain't sticking around,

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Speaker 2: and we know that next week it is going to

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Speaker 2: be sticking moist like nobody's business. But for right now,

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Speaker 2: you cannot beat that cool crisp due point level you know,

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Speaker 2: in the sixties, and it's just going to be one

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Speaker 2: of those amazing weekends. You got anything, great plan share.

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Speaker 1: My sister Sheila calls it a chamber of commerce morning.

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Speaker 1: It is perfect. The weather is perfect. Yes, you're having

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Speaker 1: a spectacular time. It's my sister Shavern's birthday, so we

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Speaker 1: are all just going to celebrate and celebrate.

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Speaker 2: That is fantastic. Yep. I'm up to some some land

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Speaker 2: in North Georgia with some random idiots and we're going

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Speaker 2: to do some random idiocy because we pretend to be

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Speaker 2: country boys like our ancestors and around that.

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Speaker 1: Sounds like a band from the eighties that I would

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Speaker 1: have loved.

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Speaker 2: We probably we would grow our hair big if we could,

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Speaker 2: but hair is not one of our strengths. Let's just

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Speaker 2: let's just say that.

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Speaker 1: Who are you going to see Saturday Night?

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Speaker 2: The random idiots? Yeah, but random idiots? And and what's

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Speaker 2: funny is so one of them happens to be this

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Speaker 2: big shot lawyer that I grew up with. We're just

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Speaker 2: regular kids. But he now represents a large insurance company

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Speaker 2: that does property out of some of New York's most

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Speaker 2: famous buildings. And rather than send all those cases with

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Speaker 2: New York lawyers to some big shot New York defense attorney,

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Speaker 2: they send him out to some man that lives out

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Speaker 2: in Paulding County. And for those of you that do

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Speaker 2: not know Paulding County, there is no place further in

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Speaker 2: America from Manhattan than Paulding County, Georgia. And it's quite

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Speaker 2: a clash of cultures. You could say he has a

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Speaker 2: good old time with them lawyers speaking to lawyers. This

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Speaker 2: week in True Crime has been you know, we've had

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Speaker 2: a couple of big ones going on, and then the

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Speaker 2: narratives kind of gotten outside of just true crime. And

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Speaker 2: I love it when the true crime universe has one

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Speaker 2: of these civil cases that pops up and grabs everybody's attention.

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Speaker 2: We've had that this week with one of America's most

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Speaker 2: famous entertainers, who in my perspective, and I think a

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Speaker 2: lot of other peoples getting the hold up on the

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Speaker 2: civil case for the fight. And I know you've been

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Speaker 2: watching Cardi B, haven't you?

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Speaker 1: Carti B. She should do a class on how to testify.

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Speaker 2: Love it.

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Speaker 1: She's natural, this is her, there's no pretense. This is

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Speaker 1: what happened. Yeah, I said it. I'm gonna say it

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Speaker 1: again right here. He's trying to get to her. He's

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Speaker 1: trying to make fun of the wigs. He's trying to say,

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Speaker 1: how do you know my client is just in it

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Speaker 1: for the money? Oh, girl says, because she's suing me

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Speaker 1: for twenty four million dollars.

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Speaker 2: I love it, and it's the perfect examp people like, oh,

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Speaker 2: that's gonna be a bad witness. You know. Lawyers are

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Speaker 2: filled with all these liar tricks and these old wives tales. Oh,

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Speaker 2: you just can't do. Teachers are bad jurors for this,

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Speaker 2: and you don't want an old person for that. And

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Speaker 2: you look at Cardi b and a lot of people

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Speaker 2: would just jump and make a bunch of decisions because

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Speaker 2: here we have this woman who comes from a place

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Speaker 2: that is very unique, that she's very proud of, that's

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Speaker 2: very far away from where a lot of that kind

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Speaker 2: of mainstream America is connected to. And she embraces it,

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Speaker 2: and she embraces he says, her distinct identity, her lifestyle,

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Speaker 2: her brand, and guess what, it ain't mine. It ain't mine.

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Speaker 2: Oh no it is not. But that authenticity shines through.

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Speaker 2: That's what matters.

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Speaker 1: That's what matters all day long. And you know it's obvious.

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Speaker 1: I think to folks, what the attorney is trying to do.

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Speaker 1: He's trying to push her, trying to needle her, trying

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Speaker 1: to show this woman has a temper. But when you

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Speaker 1: say to somebody, now, yesterday your hair was black with

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Speaker 1: bangs and now it's long and blonde. Which one's your

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Speaker 1: real hair?

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Speaker 2: Oh god, he is the cringiest, Like it's killing me.

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Speaker 1: Okay, relevant relevance, what are we talking about? You're talking

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Speaker 1: about her hair? And of course she handled it. I

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Speaker 1: thought beautifully. They're wigs.

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Speaker 2: Yeah, And I love the matter of factness where she

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Speaker 2: has in a way that I'm almost envious. Up, she

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Speaker 2: doesn't have this false fear or intimidation or consideration for embarrassment. Nope,

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Speaker 2: guess what. She has embraced her wig and her hair

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Speaker 2: and her hair style and totally turned around on this weasley,

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Speaker 2: sniveling guy that probably, in my opinion, came off terrible

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Speaker 2: in front of a jury where you're trying to pick

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Speaker 2: on the physical appearance of someone you're suing, and she

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Speaker 2: turned that around on him so fast he didn't even

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Speaker 2: know was And I think he sat down probably going

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Speaker 2: ha ha, Look I said my witty thing. But yeah,

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Speaker 2: it just.

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Speaker 1: Let's be realistic. He got a client that says I

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Speaker 1: had some type of interaction with Cardi B. This is

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Speaker 1: gonna be a simple They're gonna settle out of cord.

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Speaker 1: I'm just gonna get a quick check, you'll get your cut,

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Speaker 1: and we'll go on. There's no way she's going to trial.

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Speaker 2: And you know, these are the kind of cases we

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Speaker 2: get pitch so for. People don't understand the economics of

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Speaker 2: law firms. There's basically a very small number of ways

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Speaker 2: lawyers get paid. Lawyers get paid for work performed on

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Speaker 2: a flat rate or hourly basis. That's all your criminal law,

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Speaker 2: that's all your corporate law, that's all your divorce law

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Speaker 2: and bankruptcy law and all that kind of stuff, because

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Speaker 2: the lawyer's going to get paid for work cirt. Now

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Speaker 2: the other kind of billing you've got is this contingency billing.

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Speaker 2: That's exactly how injury cases happen, and it puts all

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Speaker 2: that burden on the lawyer to trust themselves because what

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Speaker 2: you've got as a client, My client comes in and

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Speaker 2: tells you their story, and you, as the lawyer, turn around, go,

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Speaker 2: am I going to invest my resources, time, money, staff,

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Speaker 2: bandwidth in a joint project with this with this client

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Speaker 2: and say that I believe him so much and I

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Speaker 2: can prove so much and I know so much that

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Speaker 2: I can force other people to give my client their money,

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Speaker 2: and I'm going to get a piece of that. Now.

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Speaker 2: If you don't win, you get nothing. So it is

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Speaker 2: a it is a It's kind of like being a

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Speaker 2: modern day Viking in business, because it's you're gonna go

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Speaker 2: out there with your battle acts and try to get

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Speaker 2: what you can get, eat what you can kill, and

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Speaker 2: if you don't win, you don't win. So this lawyer.

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Speaker 2: I get that he has a client that had a

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Speaker 2: legitimate incident with Cardi B. But the real problem, as

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Speaker 2: with so many of the lawyers in this space, they're

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Speaker 2: encouraged to go just swing in the dumbest ways. Twenty

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Speaker 2: four million dollars for a scratch, it's and it just

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Speaker 2: gets turned around. Because you're right, if they'd approached Carti

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Speaker 2: and her people on the front end, it's probably worth

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Speaker 2: in the tens of thousands, if not even in the

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Speaker 2: hundreds of thousands, to not deal with this situation. But

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Speaker 2: twenty four million.

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Speaker 1: Now, come on, now, speaking of civil actions, let's talk

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Speaker 1: about Trooper Proctor from Karen Reid. Y'all, remember he sent

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Speaker 1: the text messages that were just vulgar and heinous and

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Speaker 1: broke all kind of SOPs within the police department, but

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Speaker 1: he is trying to get his job back.

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Speaker 2: Joshua, Yeah, And this one just can't stay out of

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Speaker 2: the news. And for those of us that work in

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Speaker 2: and around law enforcement, how the system deals with the

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Speaker 2: remedial measures after something bad has happened, that's really interesting.

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Speaker 2: Like there was commentary on this officer discipline job stuff

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Speaker 2: that happened with that AJ Scott case that they tried

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Speaker 2: down there in Georgia where it was the trooper, and

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Speaker 2: one of the comments was, you know that he was

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Speaker 2: responsible for the wreck because he didn't get his job

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Speaker 2: back with the Georgia State Patrol. And that's what's going

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Speaker 2: on here with proctors. Proctor is advocating aggressively for Hey,

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Speaker 2: I made mistakes. You don't judge a man by just

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Speaker 2: the one bridge that fell down. You judge him by

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Speaker 2: all the other bridges that he built. Please give me

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Speaker 2: my job.

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Speaker 1: Back, right, and listen, just what we know from the

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Speaker 1: first trial, because again, as we both predicted correctly, he

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Speaker 1: was never going to testify in the second one, which

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Speaker 1: brings up my biggest point. He ain't never going to

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Speaker 1: be able to testify ever again in any trial ever

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Speaker 1: as a trooper. What defense attorney is not salivating to

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Speaker 1: get to him.

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Speaker 2: Oh, his value as a member of law enforcement has

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Speaker 2: dramatically changed. Now that's not to say he doesn't have

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Speaker 2: substantial value, but he is never testifying again in any

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Speaker 2: case in any manner.

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Speaker 1: Have you ever shared text messages about an ongoing investigation

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Speaker 1: without outside people from law enforcement? Have you ever sent

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Speaker 1: text messages of a vulgar nature? About a suspect. Have

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Speaker 1: you ever admitted to drinking on the job. I mean,

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Speaker 1: I've got nothing further. My client's walking out of here.

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Speaker 2: Yeah, he is just absolutely a chicken on a spit

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Speaker 2: if you get him on the stand, and someone's going

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Speaker 2: to realize that. But there's still value that he can

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Speaker 2: offer law enforcement. I would think it would come in

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Speaker 2: a substantially reduced salary, as I don't think he can

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Speaker 2: provide the full services of a certified officer. But it'll

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Speaker 2: be interesting to see how they deal with this, and

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Speaker 2: I think that the public is still so interested they

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Speaker 2: may make an example of him and actually keep him

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Speaker 2: off the force. But folks, traditionally it's generally pretty permissive

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Speaker 2: with officers as long as there has been some accountability

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Speaker 2: some times, some remedial training, some ignoledge, and people get

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Speaker 2: jobs back because people make mistakes. And anybody that's an officer,

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Speaker 2: anybody that works in one of these really high stress,

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Speaker 2: small community jobs, doctors, lawyers, cops, er, firefighters. We're not

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Speaker 2: on duty twenty four hours a day, three and sixty

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Speaker 2: five days a year. We have conversations that are not

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Speaker 2: reflective of our public career and persona, but reflect the

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Speaker 2: totality of us, including the stuff we're not really proud

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Speaker 2: of and we don't want to share with everybody. And

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Speaker 2: that's the consideration that Trooper Proctor is asking for, because

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Speaker 2: the kinds of discussions that happened, while awful, aren't unprecedented.

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Speaker 2: And you don't hear anybody saying, oh, I've never said

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Speaker 2: I've knowed. That's because everybody has some of these conversations

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Speaker 2: that are off on the side. Was it unbelievably sloppy

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Speaker 2: for him to do it on duty? Was it relevant

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Speaker 2: to the prosecution of the case. Yeah, absolutely, you can't

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Speaker 2: hide that stuff. And I think we're going to see

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Speaker 2: a lot more of Hey, now that we've got your

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Speaker 2: official evidence, let's go ahead and get those cell phones.

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Speaker 2: Because I tell you I in Georgia we are not

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Speaker 2: traditionally given access to the personal communications of law enforcement

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Speaker 2: or prosecutors. It's very difficult to obtain those conversations because

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Speaker 2: we all know what are in them.

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Speaker 1: What time is Bible study?

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Speaker 2: Yeah, and listen, I have I will admit it right now.

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Speaker 2: I have said some inopportunity and downright horrifically offensive and

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Speaker 2: regrettable things in my life. And I may have said

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Speaker 2: them related to job issues, because.

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Speaker 1: Man, perhaps criminal law's.

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Speaker 2: Got some pretty wrecky situations. I don't know. He just

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Speaker 2: remained silent.

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Speaker 1: Josh, you and I were texted last night, just being funny,

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Speaker 1: and I wouldn't want that red today. And it was nothing.

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Speaker 1: It was nothing vulgar, it was nothing out of bounds.

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Speaker 1: It was nothing, nothing, nothing but just friendly, hey buddy.

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Speaker 1: But I wouldn't want to have to come on here

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Speaker 1: and go, Okay, y'all, this is what I texted.

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Speaker 2: No, because guess guess what. Everybody has that slice of

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Speaker 2: their brain, and it'll be very interesting to see what

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Speaker 2: happens with Procer because of the intense scrutiny. I know

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Speaker 2: law enforcements watching them because it's also one of these

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Speaker 2: cases where all right, a law and member of law

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Speaker 2: enforcement did something that was in advice and poor that

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Speaker 2: resulted in some bad stuff. Okay, so that's a consequence, now,

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Speaker 2: trooper practice consequence. Due to the high priority or prominence

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Speaker 2: of the carry prosecution, he wasn't just made an example of.

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Speaker 2: He became a national calling card for these conversations was

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Speaker 2: a discussion across every police department in the nation. You

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Speaker 2: don't think it roll call. Sergeant wasn't like, all right, everybody,

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Speaker 2: just remember those texts out there, everybody. You don't want

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Speaker 2: to if you're texting it, it may come into court.

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Speaker 2: So just watch it, y'all. This is just filtering through

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Speaker 2: law enforcement. But this is stuff that we deal with

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Speaker 2: in politics and business and litigation. It's why the whole

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Speaker 2: signal gate was so important because technically, if you're a

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Speaker 2: government member, you get to text and do anything. It's

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Speaker 2: subject to foyer, it's subject to records retrieval and storage.

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Speaker 2: You are not allowed to be a government agent and

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Speaker 2: create documents and really willing nearly destroy them. It's one

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Speaker 2: of your obligations to keep these communications. But what about

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Speaker 2: these communications that will include obviously potentially inflammatory or you know, discussions.

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Speaker 2: You want your leaders to be able to freely discuss

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Speaker 2: things without the risk of defensive talk. And we you know,

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Speaker 2: we hear about defensive medicine, where doctors are going to

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Speaker 2: do something because that's going to protect them. You get

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Speaker 2: defensive talk in policy where you're going to get an

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Speaker 2: email that is for that is knowing subject to FOYA,

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Speaker 2: that is knowing subject to discovery rules, and that is

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Speaker 2: going to be the boilerplate. What about the rest of

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Speaker 2: the conversation. You might need more as a boss to

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Speaker 2: explain to your employees this is what I really mean.

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Speaker 2: But that introduces the opportunity for manipulation, for misstating. You

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Speaker 2: can twist stuff around, you can catch people up. It

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Speaker 2: gets real sticky. And we'll see what happens after Proctor.

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Speaker 2: I'll be interested to see if they what they let

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Speaker 2: him do.

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Speaker 1: Me too. But let's go back to Georgia minute and

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Speaker 1: talk about Trooper Scott, who you mentioned briefly. So he's speeding,

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Speaker 1: He's going about ninety miles an hour. He's going to

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Speaker 1: go meet a friend, another trooper that's going to charge

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Speaker 1: his battery for his body warn cameras. He causes an accident,

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Speaker 1: killing two teenage girls. Now what I wanted to ask

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Speaker 1: you about. He was found guilty of one count of

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Speaker 1: second degree vehicular homicide, two counts of serious injury by

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Speaker 1: vehicle while speeding. How in the world was he not

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Speaker 1: found of two homicides.

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Speaker 2: I saw that, and you and I kind of scratched

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Speaker 2: our heads for a sey. I've got to dig into

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Speaker 2: that because it doesn't it doesn't logically hit and for

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Speaker 2: those of y'all that aren't familiar with this case, it

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Speaker 2: is worth looking up and reading just so you understand.

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Speaker 2: It's hard like how a regular, straightforward driving issue can

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Speaker 2: spin into something that literally is going to result in

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Speaker 2: him going to prison for decades and decades. It's the

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Speaker 2: loss of two wonderful young women's lives, it's the permanent

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Speaker 2: brain injury of this young man, and it's the rules

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Speaker 2: of the road case. This was not a case where

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Speaker 2: there was deep sifting the challenging acad No, he was

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Speaker 2: charged with driving too fast, which he was doing, and

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Speaker 2: he blew through the intersection, which he admitted to, and

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Speaker 2: it came down to whether the kids were properly or

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Speaker 2: improperly taking a left in front of them. And that's

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Speaker 2: the same case you get thousands and thousands of times

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Speaker 2: to accept. This one involved those horrible deaths, and I

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Speaker 2: think that that sentence is going to be interesting. You've

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Speaker 2: got someone who is a trooper, You've got some mitigation,

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Speaker 2: he was elected to some leadership positions in the community,

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Speaker 2: but then there was that delay in prosecution. It's been

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Speaker 2: ten years that these parents have been waiting for justice

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Speaker 2: for their kids. There's a lot of reason for the

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Speaker 2: judge to swing hard given the defendant's attitude and willingness

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Speaker 2: to accept responsibility and some of the statements and things

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Speaker 2: that he's made. And I don't get that conviction, Like

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Speaker 2: I don't get why it's not on both both girls.

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Speaker 1: I don't either, because I think you've got one family

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Speaker 1: sitting there going really how my child was dead in

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Speaker 1: that ca are? I just I was baffled by it,

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Speaker 1: So maybe you will have some answers.

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Speaker 2: Yeah, what I thought was interesting, and it was kind

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Speaker 2: of one of those things that lawyers see more than

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Speaker 2: anybody really pay attention to. They had him in cuffs

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Speaker 2: before the verdict was done being read. I tell you,

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Speaker 2: I don't believe there's much love lost amongst certain groups

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Speaker 2: and defendant Scott or inmate Scott. I believe that his

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Speaker 2: attitude probably extends towards his current facility, and you don't

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Speaker 2: do great with an attitude inside lock up. A lock

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Speaker 2: up is meant to teach you that you are not

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Speaker 2: in control, no matter how much you want to be,

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Speaker 2: because you can yell and scream about how unfair, Well,

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Speaker 2: if you're sitting in a locker room with no one

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Speaker 2: that that's just the way it is. So we'll we'll

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Speaker 2: see that case. There's there's something else going on that case.

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Speaker 2: I just I don't know. It didn't settle with me

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Speaker 2: real good.

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Speaker 1: Well there's more and there's gonna be more next week.

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Speaker 1: But you know, I just think again, I've got to

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Speaker 1: give a little bit of props to Cardi b the

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Speaker 1: way she's handling herself. And I gotta just tell you

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Speaker 1: we'll end with this one, Joshua. I want your opinion

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Speaker 1: when she turned to that attorney and said, that's an

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Speaker 1: F and lie, but she didn't say F No. Have

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Speaker 1: many times have I had to testify or you've had

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Speaker 1: a client that had to testify that wished we could

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Speaker 1: have said that, because that's what was happening.

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Speaker 2: I love you know, I'm a dad, So it's not

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Speaker 2: exactly the cultural mentor that I'm like, hey, daughter, go emulate.

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Speaker 2: But I really respect her for being so right on

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Speaker 2: and right embracing the person that she is, because that's

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Speaker 2: brought her this level of success in recognition, and she's

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Speaker 2: following her dream and she's doing it in an unabashed

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Speaker 2: nature and more people need to do that, and damn

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Speaker 2: the torpedoes and full speed ahead. And I really like that,

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Speaker 2: and I think that this lawyer highlighting how she falls

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00:21:16,080 --> 00:21:20,359
Speaker 2: outside of this mainstream America man, that's going to bite

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Speaker 2: him in the butt because a jury in America recognizes

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Speaker 2: difference matters. This is why she's a successful person. And

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Speaker 2: so in that planet back to what we were talking about,

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Speaker 2: this lawyer for the plane, it has to show that

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00:21:35,480 --> 00:21:39,119
Speaker 2: there was duty breach, causation and damages, that there was

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Speaker 2: an attack. That meant that there were injuries, and those

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Speaker 2: injuries are compensable in the form of money. So the

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00:21:48,119 --> 00:21:51,000
Speaker 2: duty pretty easy. You ain't supposed to be hitting people,

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Speaker 2: touching people wrongfully without their consent to the point that

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Speaker 2: it leaves a mark or a scar. That's a civil

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Speaker 2: or criminal claim. The breach is what we're here in

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Speaker 2: the tech testimony about who hit who first, Who was

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Speaker 2: the primary aggressor? And one of the big questions we're

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Speaker 2: going to get to with the additional testimony is was

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Speaker 2: this mutual combat or a fray? Was there not a

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Speaker 2: clear uh, primary aggressor, Because that's the that's the dynamic

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Speaker 2: that officers are taught to use when they're doing investigation.

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Speaker 2: Who started it? Was it? Someone started it? And then

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Speaker 2: the response was disproportionate or was the initial threat in dispropose?

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Speaker 2: There's all kinds of different ways you can chop that up.

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Speaker 1: And did Cardi B have a duty to protect her baby?

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Speaker 2: Yet? What are Cardi B's rights here? She is showing

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Speaker 2: up and I love her quote about I'm here to

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Speaker 2: get my cat checked out. I just know that it's

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Speaker 2: solid gold. It is solid and she's and she and

363
00:22:52,160 --> 00:22:56,600
Speaker 2: this security officer and this is a medical setting. What's

364
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Speaker 2: supposed to happen now if you approach wh's this from

365
00:23:01,440 --> 00:23:04,680
Speaker 2: Middle Upper claud whatever man security is supposed to be there.

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Speaker 2: They're supposed to protect the dignity of where you're at

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Speaker 2: and make sure that there's no crazy people and that

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00:23:10,240 --> 00:23:13,919
Speaker 2: you are don't have any overt threats and that the

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Speaker 2: duties of the landlord to protect you were being fulfilled.

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Speaker 2: So that's what's going on. How this fight started, in

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Speaker 2: what the response? That's what this jury's looking at, because

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Speaker 2: it really makes you scratch it. How is security suing

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Speaker 2: the client, the invitee that showed up to pay for services.

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Speaker 1: I can't give legal advice, only Joshua can't, but I

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Speaker 1: will tell you on this Friday before holiday, if your

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Speaker 1: ball says something crazy, just holler out, that's an F

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Speaker 1: and lie? Did y'all hear Cardi B say that.

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Speaker 2: That's an F and life? I love it. I'm glad

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Speaker 2: I'm not having to do the editing over there at

380
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Speaker 2: production because, oh my god, nomenclature that for using words

381
00:24:04,320 --> 00:24:07,479
Speaker 2: that are really inappropriate. She does it so artful. It

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Speaker 2: just rolls off the top like that's how she's supposed

383
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Speaker 2: to talk. That's her. So I'm not going to get

384
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Speaker 2: upset about it.

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Speaker 1: Own brand, sir, own brand.

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Speaker 2: And God bless her for embracing Is it my brand?

387
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Speaker 1: No?

388
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Speaker 2: But guess what, it's America. And if she wants to

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Speaker 2: be that, good for her. And I'm proud of her.

390
00:24:26,160 --> 00:24:29,359
Speaker 2: And it does make me sick, even though I'm a

391
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Speaker 2: plaintiff's guy. It does make me sick when I see

392
00:24:32,680 --> 00:24:35,960
Speaker 2: these plaintiff's lawyers that aren't holding the cards to win.

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Speaker 2: Could you have squeezed out some money from Cardi B's

394
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Speaker 2: people for what may have been a legitimate sumthing? Yeah? Absolutely?

395
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Speaker 2: Is this a winning case? Not in a million years

396
00:24:49,800 --> 00:24:53,560
Speaker 2: when you're asking for twenty four million dollars. That's why

397
00:24:53,640 --> 00:24:57,960
Speaker 2: lawyers get the reputation that they do and it's what

398
00:24:58,080 --> 00:25:00,720
Speaker 2: starts a fight in the jury room. Now here's the

399
00:25:00,760 --> 00:25:03,640
Speaker 2: other thing that I just have to bring up, because

400
00:25:03,880 --> 00:25:08,480
Speaker 2: civil is so different from criminal. One of the things

401
00:25:08,480 --> 00:25:11,920
Speaker 2: we talk about in civil that drives the civil process,

402
00:25:12,200 --> 00:25:18,080
Speaker 2: and it's very opaque, is attorneys fees, an attorney's fees

403
00:25:19,080 --> 00:25:24,919
Speaker 2: shifting provisions. Generally, each party is responsible for their attorney's fees.

404
00:25:25,280 --> 00:25:30,120
Speaker 2: But obviously in a contested system, people get abusive, and

405
00:25:30,160 --> 00:25:34,520
Speaker 2: the courts have created remedies where if the plaintiff's lawyer

406
00:25:34,720 --> 00:25:39,639
Speaker 2: or defense is abusing the system, they can use tools

407
00:25:39,640 --> 00:25:42,960
Speaker 2: to hold the other side accountable. And one of those

408
00:25:43,080 --> 00:25:46,800
Speaker 2: is the offer of judgment. That's what we have here

409
00:25:46,840 --> 00:25:50,440
Speaker 2: in Georgia and it's very common other places where the

410
00:25:50,480 --> 00:25:54,760
Speaker 2: plaintiff says, hey, I'm going to guarantee on this demand

411
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Speaker 2: that I can win X dollars and if I and

412
00:26:01,119 --> 00:26:04,800
Speaker 2: the defense has to acknowledge and receive that as a statement,

413
00:26:05,400 --> 00:26:08,920
Speaker 2: the defense then gets to say, hey, either they can

414
00:26:09,320 --> 00:26:14,160
Speaker 2: or they can't beat that dollar amount. But after an

415
00:26:14,200 --> 00:26:19,560
Speaker 2: offer of judgment, if the plaintiff doesn't prevail at or

416
00:26:19,720 --> 00:26:24,800
Speaker 2: above their amount of money, the defense can force the

417
00:26:24,800 --> 00:26:28,840
Speaker 2: planiff to pay their attorney's fees, and the attorney's fees

418
00:26:28,920 --> 00:26:32,920
Speaker 2: on the defense are hourly billed, they are tracked. They

419
00:26:33,119 --> 00:26:36,879
Speaker 2: blow up so fast. I bet the defense for Cardi

420
00:26:36,960 --> 00:26:41,240
Speaker 2: b is in the multiple hundreds and hundreds of thousands

421
00:26:41,320 --> 00:26:46,280
Speaker 2: of dollars. So oftentimes what's really stopping the resolution of

422
00:26:46,320 --> 00:26:49,920
Speaker 2: these plaintiffs cases isn't the value of the injury that's

423
00:26:49,920 --> 00:26:53,800
Speaker 2: being litigated. Say a two centimeter or scratch is worth

424
00:26:55,119 --> 00:26:58,560
Speaker 2: two hundred thousand five or whatever it is, that's nothing

425
00:26:58,640 --> 00:27:02,200
Speaker 2: compared to some of the atorney's fees that are built

426
00:27:02,240 --> 00:27:05,280
Speaker 2: into these cases. The attorney's fees are how the attorneys

427
00:27:05,280 --> 00:27:09,879
Speaker 2: get paid. It's also a way to shift obligations to

428
00:27:09,920 --> 00:27:13,240
Speaker 2: other people. How can a plainiff lose? Shoot too hard?

429
00:27:13,880 --> 00:27:18,000
Speaker 2: You can win the cases a plaintiff, but still if

430
00:27:18,040 --> 00:27:20,200
Speaker 2: you didn't win the right amount or in the right way,

431
00:27:20,280 --> 00:27:23,959
Speaker 2: be responsible for the defense's attorneys fees. What happens if

432
00:27:24,000 --> 00:27:26,080
Speaker 2: you won one hundred thousand dollars, but there's a million

433
00:27:26,080 --> 00:27:27,240
Speaker 2: dollars of attorney's fees.

434
00:27:29,480 --> 00:27:32,000
Speaker 1: And it's also a balance. I mean, you're talking about

435
00:27:32,000 --> 00:27:35,600
Speaker 1: a scratch in Trooper Scott's case. You've got families that

436
00:27:35,720 --> 00:27:40,560
Speaker 1: bury two young girls. They ain't got twenty four million dollars. Nope,

437
00:27:40,600 --> 00:27:44,760
Speaker 1: it's insane, and I think the jury's going to be like, nah.

438
00:27:44,840 --> 00:27:47,960
Speaker 2: Oh, I think you're right. Jury's have such an interesting

439
00:27:48,000 --> 00:27:53,560
Speaker 2: relationship with money. Jury's have a really strong connection to victimization,

440
00:27:54,240 --> 00:27:58,720
Speaker 2: to being taken advantage, to fairness, and in a plainiff's

441
00:27:58,720 --> 00:28:01,520
Speaker 2: case like that, the play lawyer needs to ask for

442
00:28:01,680 --> 00:28:05,200
Speaker 2: enough that it appeals to the people that really want

443
00:28:05,240 --> 00:28:08,119
Speaker 2: to you see civil justice as justice well at the

444
00:28:08,160 --> 00:28:11,080
Speaker 2: same time not offending people who go this is just

445
00:28:11,160 --> 00:28:14,480
Speaker 2: a money grab, and twenty four million dollars for a

446
00:28:14,520 --> 00:28:19,480
Speaker 2: two centimeter scratch, to me, seems like overreach, and that

447
00:28:20,080 --> 00:28:21,920
Speaker 2: means I think the rest of America is going to

448
00:28:21,960 --> 00:28:24,840
Speaker 2: feel like that's overreached. Because I'm pretty progressive when it

449
00:28:24,880 --> 00:28:29,040
Speaker 2: comes to money. I think that Cardi b is going

450
00:28:29,080 --> 00:28:32,040
Speaker 2: to just crush the plaintiff, and I'd be willing to

451
00:28:32,080 --> 00:28:34,640
Speaker 2: bet the plainiff is going to be eating a lot

452
00:28:34,680 --> 00:28:35,680
Speaker 2: of attorney's fees.

453
00:28:36,880 --> 00:28:41,600
Speaker 1: Come the decision, Well, honey, let's go enjoy this beautiful

454
00:28:41,720 --> 00:28:45,200
Speaker 1: Atlanta weather, and I adore you and I will see

455
00:28:45,240 --> 00:28:45,680
Speaker 1: you soon.

456
00:28:46,080 --> 00:28:49,200
Speaker 2: I adore you too, My dear everybody, have a fantastic,

457
00:28:49,480 --> 00:28:53,160
Speaker 2: safe weekend. Come on, now, you're gonna go out there

458
00:28:53,160 --> 00:28:55,640
Speaker 2: and do the fun stuff, stay off the roads, make

459
00:28:55,720 --> 00:28:57,200
Speaker 2: good decisions.

460
00:28:57,280 --> 00:28:59,280
Speaker 1: Because the judge ain't there on Monday.

461
00:28:59,640 --> 00:29:03,160
Speaker 2: Yeah. Yeah, it's a long weekend for lock up, so

462
00:29:03,320 --> 00:29:05,920
Speaker 2: please everybody be safe out there. Oh and I got

463
00:29:05,920 --> 00:29:08,360
Speaker 2: one last I did share. I wish we could just

464
00:29:08,400 --> 00:29:10,840
Speaker 2: talk about everything we see in this week. I did

465
00:29:10,880 --> 00:29:15,600
Speaker 2: an intake with a unbelievably smart, sophisticated, well put together

466
00:29:16,600 --> 00:29:20,400
Speaker 2: ninth grade child and his parent at a prominent school,

467
00:29:21,040 --> 00:29:26,080
Speaker 2: good people. And it's another one of these child predator

468
00:29:26,320 --> 00:29:30,280
Speaker 2: whatever you don't even know. Kid ends up online sharing

469
00:29:30,360 --> 00:29:32,960
Speaker 2: the information with the person who then turns around and

470
00:29:32,960 --> 00:29:38,560
Speaker 2: blackmails the kid. And then that tiny, little tiny blackmail

471
00:29:39,200 --> 00:29:42,960
Speaker 2: of which is awful and horrible when it's not handled right, exploded,

472
00:29:43,960 --> 00:29:49,880
Speaker 2: and it's ruining lives and it's just terrifying. Parents, get

473
00:29:49,920 --> 00:29:52,000
Speaker 2: out there with your kids. The first thing I did

474
00:29:52,040 --> 00:29:54,520
Speaker 2: was text my daughter and said, sweetie, there is nothing

475
00:29:54,520 --> 00:29:56,840
Speaker 2: you can do on the internet that you can't share

476
00:29:56,880 --> 00:30:00,680
Speaker 2: with your mom or me. If any anybody tries take advantage,

477
00:30:01,120 --> 00:30:04,400
Speaker 2: just run to an adult, talk to a parent. Stop

478
00:30:04,520 --> 00:30:07,160
Speaker 2: that process immediately before it spins out of the role.

479
00:30:07,920 --> 00:30:11,440
Speaker 1: Amen and they're out there twenty or seven.

480
00:30:12,200 --> 00:30:15,320
Speaker 2: Ye yep, yeah, I don't understand exactly how full of

481
00:30:15,440 --> 00:30:19,920
Speaker 2: nasty people the world can be. Well, we're not going

482
00:30:20,000 --> 00:30:22,440
Speaker 2: to think about that. We're gonna go enjoy this weekend.

483
00:30:22,840 --> 00:30:23,719
Speaker 1: Let's go enjoy it.

484
00:30:24,360 --> 00:30:25,200
Speaker 2: Have a great one, ya,