Is it perverse that I get a thrill when I get to draft a response that pummels the other side? Really, it doesn't happen all that often. Generally there are not-so-clear cut issues that have to be craftily argued. And while I enjoy the challenge of the craftily argued motion, it is really more fun to pick apart the other side's motion apart and hammer them into the ground. Or maybe it's only fun when opposing counsel has been especially uncooperative.
I have drafted two such responses this week. The first was a response to a motion filed by a truly incompetent lawyer. He's a solo, he hasn't been practicing very long and I don't think he generally practices litigation. He is clearly not familiar with the federal rules and has never even glanced at the local rules.* I might feel sorry for him for getting in over his head, except that he he has made a number of gaffes that lack of experience can't excuse, and his client is paying for them. I think he has just realized that he dug himself into a hole, and is now desperately trying claw his way back out. Unfortunately, I think his hole is just getting deeper.
The second response is to a motion filed by a large local firm. I'm pretty sure that a first-year drafted the motion, which shouldn't be a problem, but the partner overseeing him dropped the ball. Once again, a basic procedural rule was violated, so that his motion cannot be granted. At all. I don't know if it was unfamiliarity with the rules or just an oversight, but somebody screwed up. I do feel bad for the young lawyer that will probably get blamed--he is a nice guy. But these guys have been very uncooperative. And even without the screw-up, I probably could have defeated the motion.
*Advice for young lawyers: Always get a copy of the local rules--especially in federal court. They are generally available online, unless you are in a tiny district out in the boonies. The federal district in which my case is pending has lengthy local rules--some of which modify the federal rules. And local rules contain info like page limits, filing requirements, mediation requirements and other information to keep you from harming your own case.
1 comments:
I wouldn't feel bad about creaming them in court either. I did feel bad last week when I up against an attorney I really like in a suppression hearing, and she told the judge she couldn't find any research on the issue on which she was trying to get her client's statements suppressed. When it was my turn, I was like, uh, here are all the cases... Oops.
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