(no subject)
And then there are some days that are VERY interesting. I have a friend here in town…well, he’s becoming a friend. He’s another young attorney, and we’ve collaborated on some cases, he’s referred cases to me, I refer cases to him, we’ve even opposed each other on one case. Through it all, we’ve gotten along great.
Yesterday he calls me, since he knows that I practice in a wide variety of areas of the law. He’s got a real estate case that landed on his desk about a month ago (why he waited to call me, I am not sure.) This case is one really fucked up mess. We are trying to defeat a summary judgment motion by the two opposing parties. Interesting thing here, is that the case was originally tried in Washington. The land is here in Idaho, but the deceased person is in WA. I won’t try to go through the details here.
I’ve not yet decided whether or not to take this case. It would break the “three-attorney” rule if I did. I’ve been told in law school and by practicing attorney since then, that you never want to be the third attorney on a case file. If the client has had two attorneys, and they’ve withdrawn, etc for whatever reason, when that client comes to you, say NO. It wouldn’t exactly be breaking that rule, since the first attorney was on the WA case, and the second attorney was actually the first attorney on the Idaho matter…but still. And the former Idaho attorney on the case - his motion to withdraw isn’t reassuring. Appears this potential client is a huge jerk.
So, I read the case file. (Thanks be to my father that I read so quickly. I’d have lost it otherwise…500+ pages in the casefile.) Yes, a huge clusterfuck detailed in court filings, etc is presently sitting on my desk.
My job was to review the case file and find some way to defeat the summary judgment motion. I really think this one’s a loser. Of course, I am sure I could do some research and make some sort of argument that there exists at least one little fact in issue. I am doubtful that would be at all successful. I have found one possible angle. I am not sure, however, if it is advisable to try it.
Now I just have to convince my friend that this case is a definite loser. Hmmm…hmmm…hmmm
Some days I love my job. Really, and truly. These kinds of interesting legal dilemmas were why I wanted to be an attorney in the first place.
One slight monkey wrench here. The brief in opposition to the other parties’ summary judgment motions is due on July 6th. Yep - just one week to get it done. Not sure if I want to give up my holiday weekend.
Yesterday he calls me, since he knows that I practice in a wide variety of areas of the law. He’s got a real estate case that landed on his desk about a month ago (why he waited to call me, I am not sure.) This case is one really fucked up mess. We are trying to defeat a summary judgment motion by the two opposing parties. Interesting thing here, is that the case was originally tried in Washington. The land is here in Idaho, but the deceased person is in WA. I won’t try to go through the details here.
I’ve not yet decided whether or not to take this case. It would break the “three-attorney” rule if I did. I’ve been told in law school and by practicing attorney since then, that you never want to be the third attorney on a case file. If the client has had two attorneys, and they’ve withdrawn, etc for whatever reason, when that client comes to you, say NO. It wouldn’t exactly be breaking that rule, since the first attorney was on the WA case, and the second attorney was actually the first attorney on the Idaho matter…but still. And the former Idaho attorney on the case - his motion to withdraw isn’t reassuring. Appears this potential client is a huge jerk.
So, I read the case file. (Thanks be to my father that I read so quickly. I’d have lost it otherwise…500+ pages in the casefile.) Yes, a huge clusterfuck detailed in court filings, etc is presently sitting on my desk.
My job was to review the case file and find some way to defeat the summary judgment motion. I really think this one’s a loser. Of course, I am sure I could do some research and make some sort of argument that there exists at least one little fact in issue. I am doubtful that would be at all successful. I have found one possible angle. I am not sure, however, if it is advisable to try it.
Now I just have to convince my friend that this case is a definite loser. Hmmm…hmmm…hmmm
Some days I love my job. Really, and truly. These kinds of interesting legal dilemmas were why I wanted to be an attorney in the first place.
One slight monkey wrench here. The brief in opposition to the other parties’ summary judgment motions is due on July 6th. Yep - just one week to get it done. Not sure if I want to give up my holiday weekend.