October 22, 2004

Yesterday Sucked, with like 3 capital S's

I rank yesterday up there in the top 5 worst professional days I have ever had the joy to experience. I cannot, for reasons obvious to at least me, go into great detail about this, so you may not get the full flavor of why, for instance, I actually wanted to throw up at one point. But I will try to summarize just a little bit, if only to help myself move past it.

1. That motion to take discovery? Lost. All of it. Every bit of the relief requested. Why? The Judge loathes my client. Also, it was a totally cold bench (she didn't read one single word of the papers my firm charged my client thousands of dollars to prepare). I get spoiled by appearing mostly in the Commercial Division when I'm in State Court. Ivan Chonkin (if he stops by today) will understand about this since he's had the experience. Then, the judge simply fucked me. No other way to describe it. She is withholding the decision on the motion and refusing to issue a stay. When I said to her that by doing so she would prevent me from going to the Appellate Division to seek a stay, she told me that she would not issue an order just to permit me to "run up huge costs and expense and generate a lot of paper". This was at the end of the appearance. I became so angry here my hands started to shake. I put my finger in front of her, told her that I do not practice law to bring meritless motions or do anything just to run up the costs, I resented the implication that I did, that I had done nothing in front of her that could have ever given her that impression, and that she was out of line. I have never yelled at a judge before and I guarantee my voice was raised. And you know what? She said that she was sorry and that she didn't mean to give that impression. Fuck her.

2. The judge has withheld the decision, as I said above. I am now preparing a motion to by brought by notice of motion (because denial of an ex parte application brought by emergency order to show cause is not an appealable paper in NY) that will request relief in something like 6 parts, with many subparts, and it has to be served by no later than Tuesday. I will be here all weekend. This motion is pure damage control because there ain't no way she's granting it. I will be writing for the appellate panel here.

3. I lost an appeal in another case. A decision came down on an appeal and the appellate court didn't even address the arguments we made. Also, and much much much worse, the client is devastated, both personally and financially. His marriage has broken up over the stress. I'm glad I did not have to make the call to tell him, coward that I am.

I met my wife for dinner afterwards because it was date night and we hadn't been alone for about 2 weeks. It was not joyous but just being with her can sometimes make things a lot better.

But the best part of all? Coming home to find my daughter was still awake, letting her get out of bed while I took my tie and suit off, and then sitting with her in her rocking chair and rocking, chatting, and rubbing her back until it was time to put her back to bed. That did more to salvage my day than I think anything could have.

Finally, I will leave you with a funny Girl Child story, to reward you for getting this far. The nanny told us about it when we got home. She and the GC had the following conversation:

GC: I know, let's switch listening skills. I'll take yours and you take mine.

N: Ok. Hey, GC, let's go, its time for your bath.


N: Hey, you have to listen to me because you have my listening skills and I always listen.

GC: [looks up at her] Fine. I want mine back.

Posted by Random Penseur at October 22, 2004 09:38 AM

Hang in there, RP! And you're right -- the little ones are good for perspective, and for solace. Cheers, MCNS

Posted by: Mark C N Sullivan at October 22, 2004 12:12 PM

Yeah, little girls have a way of brightening up an otherwise dark world at times, don't they!
At least the weekend's here. Hope things look better next week!

Posted by: Mick at October 22, 2004 12:51 PM

just being with her...
that did more to slavage my day...

RP, you are a wealthy man.
i am so glad you found comfort at home.

terribly sorry about the day though...

Posted by: standing naked at October 22, 2004 06:37 PM

Right, there's one judge who'll be up against the wall when the Revolution comes.

Posted by: Andrew Cusack at October 23, 2004 04:00 AM

Oh Random! What a terrible thing to have to listen to. I go bonkers whenever anyone even hints I might be lacking in principles. I'm glad you stood up for yourself.

And the GC is simply adorable! Actually, I'm getting so bad about missing little children, plus the fact my best friend is trying fo her third child, that I jumped all over Lucy Friday night after having a LOT of wine. I cringe now, but at the time I said something along the lines of, "Just go home and get pregnant! I don't care anymore how you do it, Lucy, I just need you to DO IT! I NEED A GRANDCHILD!"

Then I threatened to have one myself if she didn't. Lucy just laughed at me with affection and Dan rolled his eyes (also with affection).

And I had a headache the next morning. Figures. ;-)

Posted by: Amber at October 24, 2004 01:24 PM

LOL! You are my sunshine... my only sunshine... and you make me happy, when I feel ________... you're so lucky to have her!

Posted by: Hannah at October 25, 2004 11:46 AM
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