Yesterday I was reviewing some court transcripts. It’s a complicated matter, but only because of the background surrounding it, which involves approximately 19 civil lawsuits over the course of twenty years in state court, a couple bankruptcies, a federal case, a RICO claim, an airport, and a riding lawnmower being used as proof of official misconduct. I came across this matter in reviewing things for another case, and it grabbed my attention. I spent the weekend going through the information and case files, gripped by decades of litigation and backbiting in a small town.
One part of it stood out to me though, and it’s a perfect example of how even a minor detail can really fuck us over in this profession. First year law students, practicing attorneys, and everyone else, sit the fuck up, turn off Spotify, stop texting, and pay attention: Check your local rules and make sure your documents comply. In looking through this whole case, the one thing that made me take notice was, if the motion had been properly noticed, the last 12 years of litigation would have been completely unnecessary.
The whole matter would have been resolved with one hearing, one check, and one payment.
It’s Black Friday. Because nobody seems to be posting much of anything, and I post on Tuesday, Wednesday, and Thursday with substantive updates, here’s a song that, even as a liberal, I’ve always loved. I’ll see you guys Monday.
So, it’s Thanksgiving. As it’s Thanksgiving, I’m going to forgo a diatribe about some ridiculous shit. Instead, I’m going to list seven things that I, as an easily amused and often inebriated attorney, am thankful for.
I got to thinking yesterday about problem clients.
Maybe it was just on my mind, maybe it was the client who sent a four page diatribe about the status of their cases with me, maybe it was the fact that we were out of coffee that morning and I couldn’t find my cigarettes. Whatever the case may be, I found myself mid-morning with my head in my hands as I furiously chewed on pen caps and muttered things about fleeing to Mexico and joining a less stressful and more profitable profession.
This tweet is like an old white man turning his hat backwards when his van gets lost in East St. Louis, looking at his passengers, and saying “I got this my homies”:
It doesn’t instill confidence the poster knows what the hell they’re talking about, and you’re pretty sure someone’s getting stabbed before the whole thing’s over with.
Wait the author of this article is Dr. Glenn Kuper? Well. I take back everything I said.
Leaving aside the fact that jury consultation and “scientific jury selection” has very little, if any, empirical evidence that shows it to be more effective than the common sense and experience of a skilled trial attorney, the Tweet from Tsongas still rankles the hell out of me. Why?