Tuesday, January 22, 2008

Does this count as schadenfreude?

I have this one case going on right now. It never should have gotten this far. And yet it has. Mostly because the other side refuses to be reasonable.

Now when I say reasonable, I am not just saying reasonable in the sense that they are refusing to give my client a sweetheart of a deal. I am talking about the opposing counsel deciding that courtesy is something only for books, that the rules of civil procedure are only binding on other attorneys, and that screaming at people over the phone (to start the conversation) is good business practice.

Yet somehow, my client has failed to get away from this case. A bad call was made, which has now snowballed into thanks to a series of questionable rulings. All this over a therapeutic device which my client uses and which does not bother anyone else, but somehow is in violation of his lease. (And no, not even the DEA would say my client is wrong.)

So thanks to the judge's ruling, I have spent the last week on the defensive. And that is just not a fun place to be.

And then, amid the gloom of awaiting opposing counsel's next screeching attack, I received a call from a city attorney who wanted to talk about the case. No cavalry will be coming, but she was asking why I was not moving to quash a subpoena issued to a city' agency in this case. After explaining to her what had happened, she agreed and stated that she understood. She then went to say "So after I got off with this screeching crazy [opposing counsel's name], I just don't think she understands that law. Even though she says its clear cut, which its not. Is she always like that?"

Made me feel better that other people think opposing counsel is crazy.

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