Showing posts with label attorney. Show all posts
Showing posts with label attorney. Show all posts

Wednesday, March 23, 2011

Deposition of Barbara Hammers, Attorney

One of the most unusual things I've seen is my attorney deposing the opposing counsel.  Barbara Hammers insisted that she be deposed to "set the record straight" that she never made representations to me that she would assist in mediating a settlement for both of us, even though I paid her retainer fee and even though she told me she would take care of both of us (she's a friend of my friend).  Then she asked to be "deposed" to set the record straight.

Here is an excerpt from her deposition.  (To see the whole deposition, click here).  Two things I find noteworthy about her deposition is 1) she's testifying here about the legal advice she's giving me and 2) she denies that she ever offered to assist in mediating a settlement between us and 3) she knows that disclosures are required by law:



For a case that has become a famous landmark decision for the fact that Barbara Hammers did not file the final declaration of disclosure as required by law (and lost her client $200,000 on appeal after her client was billed nearly a million dollars in fees in this matter), she certainly appears to know that it's important.  I have no idea why she didn't file it - I've been asked this many times by attorneys, and all I can say is - I wasn't surprised.  

We were ordered by the judge to file our F.D.D.'s by a certain date.  There's an excuse floating around in the internet world that this might not have been required by the rules or a controversy over the dates, but on the record the judge ordered us to both produce the FDD's in a status discussion.  That wasn't clearly published in the appeals declaration, but the order is on the record.

*** UPDATE ***
to read the NEW republished decision (after their failed motion for rehearing): click here

Attorney Casey Olsen

This is a photo of Casey Olsen.  (His website doesn't have any).  I interviewed many attorneys before hiring him.  I used to always insist that they have a great Martindale rating, but lately many of the AV rated lawyers I know dropped their designation.  I asked my friend (who had an AV rating) if that was important, and he said no.  Casey isn't on Martindale.  He has an efficient office that he shares with his dad, and has an excellent staff.  His place isn't fancy, like some of the big Hollywood lawyers that I interviewed, but talking to him, I knew he was our guy.
You can't spend a zillion hours with someone and not get to know them behind the work hours.  Casey fought so hard for me, some of which he didn't bill, because he was fighting for principle.  He took this case home with him every night for years.  When we had lunch the other day with his beautiful wife and daughter, that was the first time I'd seen him relaxed ever since taking my case.  The Fong case haunted him.
Casey is a fifth degree black belt in Jiu Jitsu.  But he is as gentle as a teddy bear.  I've had many attorneys in my lifetime, but none that has fought so hard and tirelessly as Casey.  His bills are fair.  His experience is vast.
I'm glad I met him.