This week, dear readers, I seem to have a lot of law fodder for the blog, since mostly all I’ve been doing this week is working! Those of you who enjoy the “Law” part of Little Miss Law are in luck; those of you who enjoy something juicier will just have to wait until I emerge from my bubble and (maybe) have a life again.
I had an endless morning in court today. The judge’s calendar started at 8:30 am. Since I was filing an ex parte application (which means you file it the same day, so the court doesn’t have advance notice) I was at the tail end of the calendar. Some judges are speedy and just whip through their calendars. Not so this judge. If he were in the fable about the Tortoise and the Hare, he would make the tortoise look like a frickin’ racehorse.
To top it all off, once it was almost 1:00 pm, he finally called our case. Two minutes later, we were headed out the door, him having just DENIED my application to continue the trial date. It sucks to lose in court. It sucks even worse when the motion isn’t even opposed. (I won’t go into that.) But the judge said we can give it another go if we submit a declaration from our client explaining exactly why he’s going to be out of town when the trial was going to be. “This sounds like a vacation,” observed the judge.
As it turns out, it was a vacation (which I didn’t know at the time, the partner having refused for some reason to answer my questions about this) and now, guess who gets to go in next week armed with a declaration from our client that says “sorry, I haven’t taken a vacation in a year and a half and I forgot to tell my lawyers that my wife scheduled it”? Who is going to once again go down in flames? Yes, yes, that would be yours truly. Today the judge was surprisngly “measured” (opposing counsel’s description) with me, saying that he didn’t want to “shoot the messenger,” but if & when I go back again as the messenger, I have a feeling I will take a big ol’ shot.
Sigh.
Anyway, the upside of this whole thing is that the morning calendar in court was, for the most part, highly entertaining. I could regale you with loads of stories – but any of you law nerds can put in a special request for that. For now, I’ll just say that I saw some of the most atrocious lawyering I have ever seen. And not just bad arguments — though there was plenty of that — but more fundamental mistakes like not listening to the actual questions the judge was asking (and so saying something totally unresponsive), interrupting the judge, and being generally, blithely unaware of the times when there was practically smoke coming out of the judge’s ears and he looked like he wanted to punch somebody. As lawyers know, law school teaches you little to nothing about real lawyering. Well, I think that a lot of lawyers (and people in general of course, but I’ll pick on lawyers for the moment) just need a seminar in good old fashioned people skills. Seriously, people.
My favorite hearing was about whether a lawyer should be sanctioned by the court. The facts were this: the case was set to start trial this past Tuesday the 27th. In a pre trial conference the lawyer (defense counsel) told the court that he had another trial in Burbank the same day, but that it might settle. All last week before Thanksgiving, plaintiff’s counsel called defense counsel to find out whether the trial was going on, to find out if he had to have his 3 witnesses for the first day of trial fly out from the East Coast on Monday. Defense counsel doesn’t tell plaintiff’s counsel until 4 pm on Monday that no, the Burbank case hadn’t settled so the witnesses didn’t need to come. Of course, by then the witnesses were already flying in.
There was a whole dispute about who told who what, and when, and on not one, not two, but many occasions, defense counsel had the audacity to say “English isn’t my first language, Your Honor, but…” What really sent the judge over the edge was when defense counsel remarked, “Your Honor, these witnesses didn’t really need to fly out, this was just grandstanding to pressure my client into settlement.” I honestly saw the judge make a subtle movement forward as though inspired to leap over and tackle the attorney. Instead, he told defense counsel firmly that the statement was “not to his credit,” picked up his pen and started writing. And writing. And writing. For what seemed like an eternity, you could hear a pin drop in the courtroom as the judge wrote out his order. Finally, he stopped writing and read the order aloud. Bottom line: the attorney had to pay the other party over $6000 to cover the witnesses’ travel expenses.
Moral of the story: 1) Return your phone calls. 2) When the judge looks like he wants to kill you, keep your mouth shut.
I promise you more fun stories in the coming days, dear readers! Happy almost-Friday!