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UnderGround Forums >> Cole Escovedo Attorney


11/28/10 5:07 PM
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Gabby's grandma
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Cole pursued his medical malpractice suit against the doctors that failed to treat his MRSA infection. With no legal training, he fought in pro per against a senior partner in the biggest law firm in the area.

Cole managed to deadlock a jury for 3 days. Please encourage him to use his court room talent by going to law school.
11/28/10 5:19 PM
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WoodenPupa
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That's fuckin' badass. HUGE respect.

Lawyers are sometimes not the juggernauts they're made out to be, but even a stupid lawyer has a big advantage against a smart layman, since the lawyer lives in court. Takes some composure to do what Cole did, in addition to brains.
11/28/10 5:21 PM
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BUFFGEO
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No shit that IS pretty impressive... and ballsy
11/28/10 5:50 PM
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I KNOW THE TRUTH
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Link??? as this in Fresno, CA county???
11/28/10 6:19 PM
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Owned Entertainment
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Owned Entertainment, Inc., James Hergott, Pres.
 TTT for Cole.. a great guy!
11/28/10 6:53 PM
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Gabby's grandma
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This was in Fresno County. Thanks so much for the support.
11/28/10 6:56 PM
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Fake Pie
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That is pretty silly. PI/Med-mal attorneys will take cases on contingency. Did he just not want to give up a chunk to a lawyer in case he won?
11/28/10 6:59 PM
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stlnl2
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Gabby's grandma - Cole pursued his medical malpractice suit against the doctors that failed to treat his MRSA infection. With no legal training, he fought in pro per against a senior partner in the biggest law firm in the area.

Cole managed to deadlock a jury for 3 days. Please encourage him to use his court room talent by going to law school.


Did he win or lose? because it sounds like to me, from that, he LOST a case he was in the right on. I fail to see the impressive part. If he won, good for him, but being right does carry a good bit of weight in some cases.
11/28/10 7:59 PM
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KenP
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Why didnt he get an attorney?  Where was his agent?
11/28/10 8:40 PM
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The Triangle
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hey guys just saw this

#1 i lost after a 3 day deliberation mind you that rarely happens it was a simple case of being unable to convience a jury of standard of care against the doc even tho i proved he was lying under oath go figure lol

#2 had a lawyer some time ago and a week b4 trial started he had his license suspended cant say why here. then a had one that the nite b4 trial decided they couldnt handle the case and felt doing it myself might be better.... what??

#3 this was a personal suit unrelated to an mma injury so KenP my lawyer had no knowledge of it and it would have been retarded to bring my mma manager into a NON-mma law suit.
11/28/10 8:51 PM
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Kirik
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 I appeared in court pro se once; was pretty tough. We did interogatories, a depo, the whole nine. Big respect.
11/28/10 9:05 PM
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The Triangle
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yep we did all that as well the jury selection was very interesting to say the least. the trial lasted about a little over a week and the jury deliberated for 3 days after that the judge was very impressed as well i def. found something else im good at ;-) had I won i think i could have easily afforded law schoool and kept fighting for fun especially at the pay scale i get but for now back to fighting lol punching people in the face seems easier now somehow......just wanna fight now get some stress out ;-)
11/28/10 10:07 PM
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The Triangle
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TTT
11/28/10 10:15 PM
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5 for fighting
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TTT for Cole. Best of luck to ya.
11/29/10 2:32 AM
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KenP
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Cole I am not trying to be critical, I am an athlete advocate so I dont like to hear stories where fighters didnt get what they deserved.  But doesnt your agent have some legal background (if not doesnt he have lawyers look over contracts for him)?  Did he not stay on top of this to help you?  This is career and life defining stuff.  It just seems like a no brainer to me.  I dont understand why you said it would have been retarded to involve your agent.  You were left stranded.  He should have been all over this for you.  Some would argue he may have even had a fiduciary duty as it significantly impacts your ability to be a full time fighter.  Who is this guy that left you hanging?  

You are friends with a guy that works for my firm.  Had we know I could have had an experienced guy there for you on 24 hours notice, if for nothing else to get an brief extension so that you had competant experienced representation at this trial.  With all due respect if you were able to handle a week trial and hang a jury for 3 days, I bet someone who does this all day, every day for a living and has extensive experience could have gotten you the significant recovery that you deserved after what you suffered.  There is something to be said for the association of competant professionals and 70 percent of something is a lot more then 100 percent of nothing. 

Dont misconstue this post, it is not a public attemp to recruit you at all.  I am just aware of what you went through and am upset that someone in my field failed to act.  It gives agents a bad name really.   

Did they jury come back "hung" or did they rule against you?
11/29/10 2:50 AM
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The Triangle
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Your right I may have miss took the comments on my mgr. Oddly the pint on it is I had started the suit years ago right after the surgery it only the last two weeks went to trial stages my mgr. Wasn't signed until just after my DREAM 13 fight I felt no need to bother him with non MMA related personal matters the only way this suit effected me MMA wise was had I won it would have allowed me to financial ability to train full time and go to law school or explore other career ideas without having to worry about the "rent" while prepping for fights. I had a layer pretty much up until the night B4 the trial started so I said F it ad went on my own just like when I went alone to Japan or my DREAM16 fight in sept. As u see I had no corner lol now I just go back to focusing on MMA just not gonna be as easy financially lol but nothing easy is worth having. And ya I lost as it is hard to prove standard of care in mal-practice suits especially when the doc. Is lying
11/29/10 2:51 AM
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The Triangle
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And they were "hung" at one point actually
11/29/10 2:56 AM
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HexRei
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KenP - Cole I am not trying to be critical, I am an athlete advocate so I dont like to hear stories where fighters didnt get what they deserved.  But doesnt your agent have some legal background (if not doesnt he have lawyers look over contracts for him)?  Did he not stay on top of this to help you?  This is career and life defining stuff.  It just seems like a no brainer to me.  I dont understand why you said it would have been retarded to involve your agent.  You were left stranded.  He should have been all over this for you.  Some would argue he may have even had a fiduciary duty as it significantly impacts your ability to be a full time fighter.  Who is this guy that left you hanging?  

You are friends with a guy that works for my firm.  Had we know I could have had an experienced guy there for you on 24 hours notice, if for nothing else to get an brief extension so that you had competant experienced representation at this trial.  With all due respect if you were able to handle a week trial and hang a jury for 3 days, I bet someone who does this all day, every day for a living and has extensive experience could have gotten you the significant recovery that you deserved after what you suffered.  There is something to be said for the association of competant professionals and 70 percent of something is a lot more then 100 percent of nothing. 

Dont misconstue this post, it is not a public attemp to recruit you at all.  I am just aware of what you went through and am upset that someone in my field failed to act.  It gives agents a bad name really.   

Did they jury come back "hung" or did they rule against you?


"im not trying to recruit you, i'm just saying i can do a better job for you than your manager and im more than willing to" lol pav you are so full of it.
11/29/10 3:40 AM
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KenP
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Just because I think his manager did a god awful job doesnt mean I am recruiting him.  The return on time investment for fighters under 155 is terrible for us.  That doesnt mean they still dont deserve competant representation.  MMAagents just isnt in the market for these weight classes.  We get plenty of fighters that come to us and as a business decsion we choose to only take clients from higher weights then Cole now. 

It sucks for Cole because for those of you that dont know he was paralized and most said he would never fight again.  If a doctors misdiagnosis of this casue a cause of the ailment that derailed his career for years then he should have been due a recovery. 

Cole I was there the night you fought Faber in the WEC.  I think you were both 11-1 at the time.  You were doing great and fell back to lock in a foot lock and ended up in a vulnerable positon.  I actually used you as an example the other day of how quikcly fortunes and careers can turn during a fight.  Had you gotten the foot lock it probably would have been you that would have gotten the WEC push instead of Faber.   Instead your old agent sent you off to fight Jens when Jens was still Jens (and a lot bigger). 

Are you saying your new agent sent you to Japan to fight in Dream without a corner?  What?  Why?  That is ridiculous.  Are you still with him?  Is this the same guy that lined you up with the McDonald rematch, against a super dangerous top prospect THAT YOU HAD ALREADY SMASHED when you had a Bellator tourny and Zuffa offer on the table?  Who is this guy? 


11/29/10 3:53 AM
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The Triangle
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Your right I may have miss took the comments on my mgr. Oddly the pint on it is I had started the suit years ago right after the surgery it only the last two weeks went to trial stages my mgr. Wasn't signed until just after my DREAM 13 fight I felt no need to bother him with non MMA related personal matters the only way this suit effected me MMA wise was had I won it would have allowed me to financial ability to train full time and go to law school or explore other career ideas without having to worry about the "rent" while prepping for fights. I had a layer pretty much up until the night B4 the trial started so I said F it ad went on my own just like when I went alone to Japan or my DREAM16 fight in sept. As u see I had no corner lol now I just go back to focusing on MMA just not gonna be as easy financially lol but nothing easy is worth having. And ya I lost as it is hard to prove standard of care in mal-practice suits especially when the doc. Is lying
11/29/10 4:00 AM
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The Triangle
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Lol phone did a re post.... Anyway te decisions for both the Dream16 fight and the re-match were either

A. My decision
Or
B. Signed B4 I signed with my mgr.

And zuffa was not on the table at te time and bellator came with strings attached that I didn't care for.
11/29/10 6:01 AM
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WoodenPupa
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Cole--your efforts are praiseworthy regardless of result. And besides, having representation doesn't guarantee a win. There is still a loser when both sides have lawyers fighting for them.

The point is, most people get rolled into the ditch like a dead clown when bullied by the system. Yeah, winning would have been epic and better in every way, but people get praised around here, for example, merely for stepping into the cage, win or lose. The same logic should apply when fighting for rights. You should get props for picking up your sword.

So you lost, but you put up a damn good fight and did so by your own wits. Respect.
11/29/10 7:11 AM
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Fake Pie
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The Triangle - yep we did all that as well the jury selection was very interesting to say the least. the trial lasted about a little over a week and the jury deliberated for 3 days after that the judge was very impressed as well i def. found something else im good at ;-) had I won i think i could have easily afforded law schoool and kept fighting for fun especially at the pay scale i get but for now back to fighting lol punching people in the face seems easier now somehow......just wanna fight now get some stress out ;-)


That's crazy. Any lawyer off the back of your local phone book can handle a standard med-mal case. Sucks man. Next time explain it to the judge and he will give you time to get another lawyer. Hopefully it never happens again of course :)
11/29/10 9:35 AM
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SudburyBJJ
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off topic, but a friend of mine represented himself in court during his divorce vs his ex-wife's high priced heavyweight lawyer. it was a disaster of epic proportions.

first off, my friend isn't the sharpest knife in the drawer and actually held the microphone on his stand like he was a rockstar. (yes, he actually told me that he enjoyed talking into the microphone), he wore a faux-hawk to court as well.

needless to say, he's paying child support and sees his kid once or twice a year (they live in different ends of the country now)

some people do well representing themselves. others are just retarded.
11/29/10 9:41 AM
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Fake Pie
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I wouldn't recommend pro se unless it is small claims or a very minor traffic manner. I am a lawyer and would never represent myself, as I am not a litigator. I cannot even imagine a lay person trying to do a trial.

Sounds like you did well under the circumstances though.

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