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Settled a case in mediation for 350K today...
Poast new message in this thread
Date: February 3rd, 2016 8:38 PM Author: Fishy up-to-no-good business firm Client fell while painting the exterior of a building. A piece of the exterior structure facade broke off and knocked him down. Broke his back and pelvis.
Client is an illegal immigrant worked for an unlicensed contractor who was hired by a tenant. Tenant filed personal and business bk after lawsuit was filed (she had no insurance). We went after the building owner's 1 mil policy. They denied liability prelit, we filed, did disco/depos, and mediated the case yesterday. Liability was tough because there was no actual notice and even with reasonable maintenance of the building, it is unclear if this defect would have been found. Mediation offers were 25k -> 50k -> 100k -> 225k (final). Mediator made a proposal of 350k which was accepted today by both parties.
Client's meds were paid by medi-cal so he will walk away with about 180k net after fees and medi-cal lien is paid.
Taking questions. |
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Date: February 3rd, 2016 8:39 PM Author: heady bonkers set nice. your fees?
projected revenue this year? |
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Date: February 3rd, 2016 8:41 PM Author: Fishy up-to-no-good business firm 140K + cost reimbursement of about 7k (I laid out 25k to designate experts but most of that is refundable). I take 40% in litigation.
No idea on revenue projection because PI is so random but if my growth continues the way it's been going I hope to net 700-800k this year. For example, I have a client who I thought was not going to do a back surgery call me and beg to do it because of pain. Policy on other side is 500k, so that may pop this year too. I also have a large wage and hour class action that is going to mediation in April. |
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Date: February 3rd, 2016 8:46 PM Author: exciting sepia fat ankles boistinker Wanna hire/mentor a biglaw burnout? (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747314) |
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Date: February 3rd, 2016 8:47 PM Author: Fishy up-to-no-good business firm calishitlawguru@gmail.com
E-mail me and I'll be glad to mentor you. I've done it for several people on this board. |
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Date: February 3rd, 2016 8:49 PM Author: exciting sepia fat ankles boistinker Ty brother and congrats on the W (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747340) |
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Date: February 3rd, 2016 8:58 PM Author: bespoke theatre you're a good dood (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747419) |
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Date: February 3rd, 2016 9:34 PM Author: Swollen razzle-dazzle cuckoldry jfc this sounds 180 your background that prepared you for this? biglaw? |
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Date: February 3rd, 2016 9:39 PM Author: Fishy up-to-no-good business firm I summered at a big firm and hated it. I was law review and order of the coif at a T20 school. (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747802) |
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Date: February 3rd, 2016 9:40 PM Author: Swollen razzle-dazzle cuckoldry you started this after graduation? lol (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747811) |
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Date: February 3rd, 2016 9:53 PM Author: Fishy up-to-no-good business firm I graduated in 2010, worked doing non-plaintiffs work for a while and was moonlighting. When I had enough cases I went solo. It's been a few years now since I took the leap. (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747910) |
Date: February 3rd, 2016 8:40 PM Author: nudist market pistol sounds like he won't walk away with anything (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747248) |
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Date: February 3rd, 2016 8:42 PM Author: Fishy up-to-no-good business firm Broken back isn't the same as paralyzed... I appreciate the pun though. (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747272) |
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Date: February 3rd, 2016 8:43 PM Author: nudist market pistol it doesnt sound like you do apprecate my pun (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747277) |
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Date: February 3rd, 2016 8:40 PM Author: odious sienna new version death wish 180 (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747251) |
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Date: February 3rd, 2016 8:42 PM Author: Swollen razzle-dazzle cuckoldry illegal immigrant's award should be garnished to pay for his immediate deportation (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747265) |
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Date: February 3rd, 2016 8:46 PM Author: Thriller Aggressive Hell (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747316) |
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Date: February 3rd, 2016 9:02 PM Author: Know-it-all bright stock car coldplay fan (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747446) |
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Date: February 3rd, 2016 9:22 PM Author: Ivory Cerebral Heaven this is obviously flame but the crazy thing is that there are people in the world who actually believe this (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747630) |
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Date: February 3rd, 2016 9:28 PM Author: Swollen razzle-dazzle cuckoldry i do (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747689) |
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Date: February 3rd, 2016 9:28 PM Author: Ivory Cerebral Heaven lmao, yfwgi (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747691) |
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Date: February 3rd, 2016 9:31 PM Author: Swollen razzle-dazzle cuckoldry what is flame about this exactly? guy comes here illegally, gets injured working illegally, gets $350k, and then gets to continue staying here illegally? does not compute
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Date: February 3rd, 2016 9:34 PM Author: Ivory Cerebral Heaven what does citizenship status have to do with whether a tort has been committed against you? (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747757) |
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Date: February 3rd, 2016 9:36 PM Author: Swollen razzle-dazzle cuckoldry where did i say that it did? i said garnish his award to pay for his deportation, which makes sense for a variety of reasons |
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Date: February 3rd, 2016 9:42 PM Author: Ivory Cerebral Heaven *makes dumbass statement*
*ignores obvious question about it*
*further supports dumbass statement "for a variety of reasons"* |
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Date: February 3rd, 2016 9:43 PM Author: Swollen razzle-dazzle cuckoldry sup bro, u mad?
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Date: February 3rd, 2016 9:44 PM Author: Ivory Cerebral Heaven spu (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747843) |
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Date: February 4th, 2016 12:09 AM Author: Thriller Aggressive Hell wtf were you blathering about in this subthread (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29748873) |
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Date: February 3rd, 2016 8:43 PM Author: khaki address What were his meds that were paid? Can't tell value if you're withholding that piece of info (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747281) |
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Date: February 3rd, 2016 8:45 PM Author: Fishy up-to-no-good business firm If I tried the case I would have waived past meds because medi-cal paid. They were approximately 250k but medi-cal paid 30k so that would have been the Howell meds at trial (the meds that I could present to a jury). The case was objectively worth a million or more with zero meds. The problem was liability was super sketchy. (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747299) |
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Date: February 3rd, 2016 8:47 PM Author: provocative office How do you get to over a million with $250k of meds... what other damages? (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747326) |
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Date: February 3rd, 2016 8:49 PM Author: Fishy up-to-no-good business firm Meds were not 250k. They were 30k because that is what insurance paid. Past meds are almost irrelevant in a case like this. He broke his back and had a spinal fusion. He had over a year of rehab and has a metal plate in his back and pins and screws in his hip. He can't play soccer which he loves. It hurts when he has sex and works. There are a ton of residuals. (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747339) |
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Date: February 3rd, 2016 8:50 PM Author: khaki address In my state it doesn't matter who paid it, you use the meds. State/Medicare then has a lien for like 30% of that, and gets paid out of settlement. You're $250k in meds case prob would be worth around $750k at mediation depending on the county/plaintiff attorney and how early mediation was conducted.
We usually take 10x meds as worst case scenario at trial, half it to come to average case, then half that for mediation value-where liability is clear. |
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Date: February 3rd, 2016 9:47 PM Author: Coral Abode Yr In a shit state without collateral source rule. That sucks balls. (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747865) |
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Date: February 3rd, 2016 9:55 PM Author: Fishy up-to-no-good business firm That isn't collateral source rule. There is a case called Howell v. Hamilton in Cali that says you can only present reasonable meds or what was paid to the jury. Whatever is lower. That means if medi-cal or medicare pays pennies on the dollar for treatment that is all you can show a jury. Has nothing to do with collateral source. (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747935) |
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Date: February 3rd, 2016 8:44 PM Author: nudist market pistol how much did you think you could get at trial (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747291) |
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Date: February 3rd, 2016 8:45 PM Author: Fishy up-to-no-good business firm Would have been seven figures or zero. Likeable client but bad facts. I would have tried the case had the offer been any lower. (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747304) |
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Date: February 3rd, 2016 8:58 PM Author: flirting translucent windowlicker You're a real lawyer:) how well Into the 7 figs do you think you. Would have gotten? (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747420) |
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Date: February 3rd, 2016 9:05 PM Author: Fishy up-to-no-good business firm I think if we won on liability we could have hit 1-2 mil. But then you have to look at assignment of fault. There could be comparative since his ladder was resting against facade. (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747462) |
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Date: February 3rd, 2016 9:33 PM Author: multi-colored stage personal credit line Kudos for being willing and able to run a trial, unlike a certain shitlawyer on this board who boasts about getting lowball settlements for his clients. (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747751) |
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Date: February 3rd, 2016 8:51 PM Author: Poppy forum does your client have to agree to the settlement or are you allowed to make that decision for him (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747363) |
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Date: February 3rd, 2016 9:06 PM Author: Fishy up-to-no-good business firm Client was at mediation. I speak Spanish and explained it to him as we went. He was my moms painter when I was in HS so he trusted me to make a good decision. (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747468) |
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Date: February 3rd, 2016 8:51 PM Author: nudist market pistol Was opposing counsel good?
Whats the lowest you would have accepted at medation? How did you price the case?
Is this your biggest judgment yet?
How many cases have you tried? |
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Date: February 3rd, 2016 9:08 PM Author: Fishy up-to-no-good business firm Hard to tell how "good" he was. He didn't do much.
Our bottom line going into mediation was 450k but the mediator was convincing regarding our liability problems. I consulted several colleagues before acceptance.
I've had bigger settlements.
I've tried quite a few trials to verdict. Many more than most 5 year attorneys. I have a trial end of Feb and 2 in April. I plan on trying at least 5 cases this year. |
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Date: February 3rd, 2016 8:51 PM Author: Coral Abode What did you open with? 5 mill over coverage? (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747367) |
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Date: February 3rd, 2016 8:51 PM Author: Brilliant hateful friendly grandma you sir, are a REAL LAWYER. (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747369) |
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Date: February 3rd, 2016 8:53 PM Author: Laughsome theater headpube Wow congratz (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747378) |
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Date: February 3rd, 2016 8:59 PM Author: flirting translucent windowlicker This is what i'm talking about you can make it big time as a legit lawyer (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747426) |
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Date: February 3rd, 2016 9:00 PM Author: khaki address I just settled a case w some jackass solo for $2.5m. He had put 32 hrs of work into it when we settled it. (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747434) |
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Date: February 3rd, 2016 9:16 PM Author: Coral Abode I'm a fackts lawyer not a law lawyer brother (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747580) |
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Date: February 3rd, 2016 9:26 PM Author: khaki address Presuit on a tractor trailer blowing through stop sign w fatalities. Lucky bastard got $800k for 32 hrs work (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747675) |
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Date: February 3rd, 2016 9:28 PM Author: Coral Abode You got lucky. He should have worked it more if that shit was done Fr less than a mill two (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747698) |
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Date: February 3rd, 2016 9:31 PM Author: khaki address Oh yeah client we ecstatic (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747722) |
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Date: February 3rd, 2016 9:39 PM Author: Coral Abode (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747801) |
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Date: February 3rd, 2016 9:40 PM Author: Coral Abode I get horny for those cases when I hear how other bros fuck them up. (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747815) |
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Date: February 3rd, 2016 9:02 PM Author: Laughsome theater headpube How? I have 110k 9-5 jerb with no prospects for advancement or transferable skillz (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747444) |
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Date: February 3rd, 2016 9:00 PM Author: ungodly primrose tank nibblets Fuck yea (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747433) |
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Date: February 3rd, 2016 9:04 PM Author: amber racy pisswyrm station Does it feel good to get this Plantiff bro some cash?
If I was a litigator bro, I'd want to be a plaintiff's attorney. |
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Date: February 3rd, 2016 9:11 PM Author: Fishy up-to-no-good business firm It feels good to work for myself and feel like my job impacts people in a positive and meaningful way. (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747525) |
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Date: February 3rd, 2016 9:14 PM Author: amber racy pisswyrm station nice. That is happy. (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747557) |
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Date: February 3rd, 2016 9:47 PM Author: federal aromatic nowag senate i hate you out of jealousy (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747864) |
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Date: February 3rd, 2016 9:49 PM Author: Yellow fragrant base Lol at slimy kike lawyers taking almost half of some poor dudes settlement. U all need to be gassed (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29747875) |
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Date: February 3rd, 2016 10:07 PM Author: Fishy up-to-no-good business firm I know you're a flame but in all honesty, there is no way an illegal immigrant who speaks zero English would be able to get any amount out of this case. Besides the liability issues, this case would have cost at least 50k to try because we would have needed a premises liability expert, surgeon, economist, and lifecare planner. Just to notice experts was 25k and I needed to do that to show we were serious about trying this if the case couldn't settle. (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29748048) |
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Date: February 3rd, 2016 10:11 PM Author: Yellow fragrant base Its a huge scam the % you take. It should be illegal. you should get paid by the hour. (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29748075) |
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Date: February 3rd, 2016 10:13 PM Author: Swollen razzle-dazzle cuckoldry if youre a plaintiff's lawyer, how would that work? (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29748091) |
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Date: February 3rd, 2016 10:16 PM Author: Opaque Talking Clown "you should get paid by the hour."
Who would be paying? |
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Date: February 3rd, 2016 10:17 PM Author: Yellow fragrant base Who pays when they lose? (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29748119) |
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Date: February 3rd, 2016 10:18 PM Author: Opaque Talking Clown No one. (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29748131) |
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Date: February 3rd, 2016 10:21 PM Author: Yellow fragrant base There is your answer friend (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29748156) |
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Date: February 3rd, 2016 10:23 PM Author: Swollen razzle-dazzle cuckoldry say you had lost at trial after spending $25k to work up the case, pay for witnesses, etc are you out all that money? |
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Date: February 3rd, 2016 10:28 PM Author: Fishy up-to-no-good business firm Yup. (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29748210) |
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Date: February 3rd, 2016 10:32 PM Author: Swollen razzle-dazzle cuckoldry best treatise for a solo PI bro? (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29748240) |
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Date: February 3rd, 2016 11:48 PM Author: Fishy up-to-no-good business firm I've never read one. Sorry. (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29748753) |
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Date: February 3rd, 2016 11:57 PM Author: Swollen razzle-dazzle cuckoldry how do you advertise (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29748798) |
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Date: February 4th, 2016 12:02 AM Author: Fishy up-to-no-good business firm I dont. All referrals. I've covered this in depth in several prior threads. (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29748832) |
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Date: February 4th, 2016 12:05 AM Author: Swollen razzle-dazzle cuckoldry how much to you pay referring party (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29748856) |
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Date: February 3rd, 2016 10:37 PM Author: exciting sepia fat ankles boistinker Did you start out as a solo straight out of LS? (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29748274) |
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Date: February 3rd, 2016 11:48 PM Author: Fishy up-to-no-good business firm No, but shortly after. (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29748755) |
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Date: February 3rd, 2016 11:03 PM Author: excitant national 180 (http://www.autoadmit.com/thread.php?thread_id=3117722&forum_id=2#29748486) |