Monday, November 17, 2014

Drinking and litigating don't go well together

Several weeks after the hearing I described last week, I had a trial with three-martini-lunch [TML] representing the Defendants.  Trial was set for 1:30pm, but TML had called the courtroom to inform the clerk she had been involved in a "minor fender-bender" and would be about an hour late.


She finally arrived at 2:30, still reeking.  I was insanely curious about the cause of the minor fender-bender, but thought it would be poor form to ask her about it.

Our trial began about two minutes after she arrived in the courtroom.  TML was rather scatter-brained throughout the trial, and tottered a little unsteadily on her feet the few times she stood up.  There were several arguments she could have made that would have made my life somewhat difficult, but she didn't make those arguments.

Trial ended at 4:50pm.  Judgment was entered in my favor.

I then filed a Motion for Attorney Fees, requesting reimbursement of approximately $6000 in attorney fees [this case had been active for over a year].  I had an email conversation with TML over the course of the next few weeks, and it appeared we had reached settlement for $2000 for the fees.  I drafted the settlement agreement and emailed it to TML.

I heard nothing back.  No reply emails, no return phone calls, nothing.  TML apparently fell off the face of the earth, presumably with a martini glass in her hand.

A few days before the Motion hearing date, Defendant called me herself, informed me she had fired her attorney, and asked the status of the case.  She had NOT been informed about our Motion and she had NOT participated in any settlement discussions, despite TML telling me otherwise.


Fortunately, with Defendant no longer represented by TML, I did reach a real settlement and my client was paid all the money Defendant owed.

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