The arch nemesis of virtual office New York attorney, Vivian Sobers, peacocks his way into court and ends up leaving with his tail between his legs after missing a recent ruling that was adverse to his case.
Last Monday I was supposed to start a trial in Queens. It’s not my case, but I had been to court on it several times, so the referring attorney asked me to handle the trial.
Opposing counsel on this case has become my nemesis. We have met several times and he hates me. I mean really hates me.
I’m not sure if it’s my age that bothers him, but he’s always been a condescending jerk to me, and he’s gone out of his way to make his disdain for me abundantly clear.
People sometimes have a visceral reaction towards me.
This, in and of itself, is odd to me. While people tend to have a very visceral reaction towards me: they either really like me or really hate me, I get along with 90% of the men I meet (it’s somewhat of a different story with women, but that’s a topic for another day).
So this lawyer arrives to court with his client, and they both walk in with their heads held high. I mean, they were practically peacocking their way into court because he thinks the case is a slam dunk – that the law is on his side.
The judge’s attorney instructs us to talk it out before we start a whole trial.
The law is very clear.
So we sit down and he starts:
HIM: Counselor I don’t know why we’re here, the law is very clear.
[He makes a money demand.]
ME: My client can’t afford that amount.
HIM: The law doesn’t care about that. The law is very clear.
ME: There’s a recent Court of Appeals case that’s contrary to your research.
HIM: The law is very clear.
ME: Here’s the case, read it for yourself.
HIM: The law is very clear.
ME: You’re going to lose this argument, see the case.
HIM: The law is very clear.
Everything that I said in that conversation he responded with “the law is very clear”; like I’m a child who has never read a case in my life; like I don’t actually know how to research the law.
We’re still outside the courtroom. He continues to scoff at my assertion that this case is directly on point; like I don’t know what I’m talking about.
Unjust and inappropriate.
Not surprising, we couldn’t reach an agreement and we start to head back into the courtroom. On the way he continues to yammer on about the law being “very clear.” So I turn around, and in maybe not the most polite manner, semi-yell “yes, but what you’re demanding the Court of Appeals says its ‘unjust and inappropriate’.”
The whole courtroom grinds to a halt and stares.
Eek. I apologize and sit down.
We conference the case with the judge’s attorney and my nemesis starts to go on again about “the law being clear.”
Vindicated by the court.
Before I can say anything, the judge’s attorney brings up the case that I’ve been talking about the whole time. I have a grin from ear to ear.
Then, unbelievably, he tries to interrupt her (I’m telling you he’s a jerk), and he proceeds to get yelled at by her.
He’s still dogged with his case law.
I just keep on replying “unjust and inappropriate.”
Towards the end of the conference I couldn’t help myself. I say to him: “you really should look up the case law” (jab jab).
So we sit back down and wait to see the judge.
He’s less of a jerk with the judge but she agrees with me about the law. She also agrees with me about another request that he summarily dismissed in the hallway.
We didn’t get to do the trial that day, but at least I was vindicated about my knowledge of the law and my requests.
I have a hard time not peacocking my way out of the courtroom.
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Vivian Sobers is a commercial litigator pursuing a solo law practice right out of law school. She is a client in Law Firm Suites’ Virtual Office Program. Vivian’s weekly blog series “Young, Hungry and Committed” documents the trials and tribulations of a young attorney navigating her way through the challenging world of self-employed legal practice.
on said:
Good for you. Remain vigilant and the law will always be clearly on your side.