June 18, 2004

Too pissed off to post

Sorry to all of you who dropped by yesterday looking for something new. I was too pissed off to post yesterday after oral argument in front of a judge who was not prepared to the argument. As it turns out, it wasn't entirely her fault, as the clerk stamped over the front of my motion and obscured a portion of the relief I'd requested. It started out like this:

Court: Mr. RP, I don't understand why you think you are entitled to get all of the files and papers from the other law firm.

Me: Because the Court of Appeals says I am, your Honor. (For you non-NY lawyer types, the Court of Appeals is the highest court in the state).

It sort of went downhill from there until she figured out that she had not known what I was asking for in my motion.

Before that, though, the attorney for the plaintiff pretty much lied to the Court about the extent of his firm's activities. This was a motion to disqualify his firm from continuing to represent the plaintiff against the defendant because this firm had represented both parties at one point. That's a big no. In any event, my opponent way underplayed what they had done for my client.

At the time my opponent was speaking, the court room was fairly noisy as the attorneys who were waiting their turn for argument were chatting. When my opponent finished, I got to go. I may have been a little more dramatic, but I had outrage on my side. When I finished my presentation, I noticed that you could hear a pin drop in the court room.

Unfortunately, she gave the other side extra time to brief the issues. I, of course, get extra time to reply. And that is why I was so pissed. This should have just been submitted. The other side should not have been given another bite at that apple.

That said, an older lawyer once warned me that you should be extra cautious when a judge grants all of your smaller applications leading up to an ultimate resolution. He or she may just be creating an appeal proof record. I hope that is what is happening here.

Posted by Random Penseur at June 18, 2004 08:57 AM
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