Friday, March 17, 2023

Day THREE! of Trial

 So back in 1981, after 2.5 years of college as a pre med student, it became crystal clear that I wasn't cut out for med school. I got through Organic Chem, typically the weed out course, and had a wonderful mentor, Dr. Bob, who was confident with my ok grades and stellar recommendation letters, I would get in to some med school. But I took Embryology, which the professor announced was most like the first year of med school, and I was so bored and bad at drawing chick embryos, that it finally came to me - I would switch my major to English.

Dr. Bob's wife, Judy, was my my freshman English professor, and another fine mentor. She just turned 80. I went to her to ask about which grad programs for English I ought to consider, and she had a heart to heart. She reminded me I was a nice Jewish boy who would someday marry and have a family to support -- and that wasn't easy on a liberal arts professor's salary. Plus, it was the tail end of the Baby Boom, and academic jobs were in short supply -- she knew Harvard and Stanford PhDs waiting tables.

Well -- what should I do? "Go to law school. You can read and write critically -- that's all it is -- and you'll be able to make a nice living." My immediate reaction was negative. Most of the pre-law students I knew were assholes -- self important, nonstop talkers, thinking they were far smarter than they were. I didn't wish to be among their number. But I was, and, of course, it worked out precisely how Judy predicted.

But I never wanted to be a lawyer, and the last 3 days has brought that back into very clear relief. I was a passable one when I practiced full time, and a top 1% rainmaker, which in a small, contingency fee firm is critical -- but the non stop prattling, and fighting over miniscule points -- oh -- I'd rather get dental work.

Still -- in our pursuit of what is right -- a fair share of a fee on a case that was stolen from us by a treacherous former associate -- it's going ok. The judge is smart -- local Cuban guy -- FIU and UM -- wants to be a federal judge someday and may well be, when the GOP is in charge again, I suppose. He seems to get it.

Our lawyer, who I met, strangely, the same time and place I met the man I call Fredo, who has caused this whole mess, is smart and passionate about our case. He LOVES being a lawyer -- last night, as we were packing up, he said he feels guilty being paid by his share of any recovery -- he should pay US for the fun he was having. Oh boy -- talk about different strokes.

The relief was that this whole annoying, craven fight was to end yesterday, but our enemies' expert prattles on and on, and as our man Scott cross examines him, the judge has to continue to remind the old greasy guy to answer the question. So this am the cross will finish, and that may be it for the TV lawyer, who I call Saul Goodman's case. Scott showed how Fredo not only stole the case, but totally lied under oath about its handling before he stole it.

I was looking forward to his being grilled about his affidavit, but they announced last night that he would be heading home to West Palm and probably not testifying. No surprise. But then the judge told him to be available by Zoom -- I wonder if His Honor has his own questions.

I was on the stand Wednesday afternoon and yesterday. The guy who crossed examined me is a lawyer for Better Call Saul, a local Puerto Rican former cop who went to our local Harvard Law, St. Thomas. Salt of the earth guy, well prepared, but as I grew more annoyed by his cross, I started to subtly torture him. Instead of referring to "when the case left the firm," I would answer my question "After your client John STOLE THE CASE FROM US..." and that seemed to back Tony off a bit.

Later, the judge in explaining something, said "After the case switched firms, or was stolen, as Mr. A said..." so I got my point across.

Hopefully it ends today. The judge won't rule -- he keeps urging us to settle, but they won't budge from the offer that was 4 times what they claimed they would never budge from. So we're going to let His Honor make the call.

In a way we already won. Paul and I have tons of free time. Stu works part time, though he doesn't admit it. But the other side, major TV advertisers, have taken SO much time away from their little factory it hurts them far more than us.

I feel bad for having to have taken the time of a dear friend, who was our expert, and Scott, who may get paid very little. But then again -- he says he loves it anyway.

On the other hand, as Tevye said, this shows me I COULD suit up and do it again, if I needed to  -- just have to either lose weight to fit into my many old lawyer suits, or buy some new ones.

Nah. Life's too short to be constantly surrounded by assholes.

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