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Anonymous wrote:I love how rooting for a celeb in a tawdry juicy tabloidesque situation also must extend to their law firm, all legal strategies and motions, etc.
Well, one side doing a better job with the mundane things like pleadings is what is driving public opinion in the same direction, so it’s hardly surprising.
you sound like a clueless Yale law grad who thinks that being a lawyer is like being something that actually is difficult like physics or brain surgery. Sorry babe most of the practice of law is rote, particularly here where there are not really any difficult or novel questions of law. This case entirely depends on Lively’s lawyers persuading the finder of fact that Baldoni’s actions were retaliatory. It takes a brawler to do that, not the “top tier” white shoe firm.
The pleadings are fine. Lively’s case sucks and the pleadings cannot make up for that. Not the lawyer’s fault! Seeing the live footage of the dance scene was probably an unpleasant surprise for her lawyers but par for the course in these types of lawyers. If anything an even “lower tier” firm would have been more skeptical of Lively.
Do you work for them or something? Literally every move they have made so far has not worked out well, including the attempt to get a gag order, and prohibit Freedman from personally taking Lively's deposition. They can't even get an extension granted on their terms. But sure, the problem is that I'm a snob, and not that they are bad at strategy (and their Complaint is pretty mediocre too). Sometimes part of the job is telling a client they don't really have a case.
Do you think there was some kind of secret high-tier legal argument they could have made to win the gag order? Nope. Lively definitely has a good retaliation case, there’s not really a question about that.
A good legal team would never have brought that motion, that’s the point. And I disagree that the retaliation claim is strong.
yeah that’s because you’re a Yale law grad who has never set foot in a courtroom, much less done an actual sexual harassment case. If you had, you would know that Lively’s retaliation claim is quite viable. And the purpose of the motion was to get before the judge to create a narrative of Lively being bullied, and to make Baldoni back off the press (which he has done).
DP and I'm on a case now where we are deliberately filing small-ish motions involving discovery issues that we know very well we might lose but the purpose of that is to educate the judge and to develop our "story" with the judge that will be important for trial. So the strategy you're describing above isn't crazy to me -- sure, winning the motions might be nice, but it's not like a basketball game where all the points are added up at the end and whoever wins the most motions wins the trial. You certainly don't want to file a bunch of frivolous motions and annoy the judge by wasting his time. But losing a few doesn't mean you're losing the case, especially if you are specifically using them to build a narrative.
But, different lawyers will have different strategies. Previously I hadn't really been on cases where the attorney in charge took such a holistic view of the case and its attendant motions. So I understand someone thinking in terms of a basketball game, but (to use a trope) it's really more like chess where you can sacrifice some pawns to take out a queen etc. Not absolutely clear to me that Lively's attorney is doing this, but I have worked with some Boies attorneys and they* have generally been extremely good at what they do.
* including the one with sexual harassment problems who was an incredible attorney but perhaps not the best human being.