Monday, August 03, 2009

So Somehow Its All My Fault

So I have this case that I am working on with another attorney. We subpoenaed some records from a witness who did work on what Rumpole would call "the locus in quo". The witness, a company, got their records together and sent us copies of the records, keeping the originals.

No problem there. Pretty straightforward.

So since the defense in the case is being ridiculously unreasonable about settlement (Mrs. Angrybell's translation: what good defense counsel is supposed to do for their clients), it looks like we are going to have to depose someone from this company. So we sent out the deposition subpoena requiring them to send someone to be deposed and to bring copies of the records (including any that might not have been covered in the original request) .

No problem there. Pretty straight forward.

Now the witness company is saying that they cannot bring the records. Apparently, in between copying them for us pursuant to the original subpoena and their receipt of the new subpoena, they have lost every single document related to this case. Every. Single. One.

And because they have lost every single document related to the locus in quo, they are blaming us. Somehow, its our fault that they lost the paperwork between the copy machine and the file cabinet in their own office.

All completely logical of course. All my fault.

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