As I remain happily seated in the twilight of a mediocre career, as my friend Norman likes to quote, often my thoughts and discussions tend towards the nostalgic. There were many good times and riches and son of a bitches, to quote Buffet, to recall.
But a friend was telling me of a recent deposition where opposing counsel acted the total asshole -- interrupting, misrepresenting, and just making everyone uncomfortable. This triggered, of course, MANY memories of these types -- which, I am told, are less common these days given the supposably (Miami spelling) crack down on "unprofessionalism."
Back in the day, though, intimidation, bullying, and other less than savory tactics ruled the day, and my late boss Ed was a master. He was a genius -- a true engineer's mind -- and was savvy enough to know when to do his bad behavior OFF the record. Back then, nobody had camera phones, and Ed's stable of court reporters knew when "let's go off the record here" truly had meaning.
I recall one particularly heinous act -- a Labor Law attorney named Susan was defending an ERISA claim we brought for a client seeking a kidney/pancreas transplant, and his wife's employer refused the pancreas part, saying it was "experimental." The case turned up a true smoking gun piece of evidence -- a letter where the company wrote to a medical consultant saying, really, "We KNOW this should be covered -- do whatever you can to give us reason to deny." Ed and I ultimately tried the case in Federal Court before a long dead judge - Lenore Nesbitt, a Reagan pick who today would be considered a centrist Democrat. We won, and after years of appeals, including a denial of certiorari by the Supremes, we got the client his money, and earned a comically small fee. The client, Tom, who I am sure is long gone, had borrowed the money from his family friends in Pittsburgh, the Rooneys, who owned the Steelers. I got to travel there and meet some of them.
But back to the pre trial skirmishing. Susan had been hospitalized with an awful headache, and asked for an extension to answer some discovery. I agreed. She called for a second extension. This time, I told her, even though I had brought the case in, she needed to talk to my boss. She explained her plight, and Ed said "Young lady, I'm only sorry you were in the hospital for headaches, and not ovarian cancer, so that you could die a horrible, slow death, rotting from the inside out like the rotten (See You Next Tuesday) you are."
Wow. Ed really didn't like to give extensions. Susan called me a few minutes later, shaken. "Should I call the police? The Bar? I've NEVER been spoken to that way -- and I'm from Cleveland!" I told her all I had heard was Ed saying no extension -- I was a loyal soldier, of course. And there's a surprise coda...
We stayed friends, and probably 10 years later, Paul and I referred her a Labor case, and she had agreed to pay us a 1/3 co-counsel. Since she was a "friend" we put nothing in writing -- and sort of forgot about the case. The client called a year later, to thank me for referring him to Susan -- she had done a great job. He showed me his closing statement, and sure enough, had paid a $150K fee. Great -- I called Susan to ask about the $50K coming to us.
She said "Um, David, I can't pay. My husband and I are in big financial trouble, and sorry to skunk you, but that's reality -- and we both know you trusted me and without a contract -- you have no real claim." I told her no rush -- when they regained their footing, she could pay then. Nope, she replied -- she knew she had stolen, but NOW was being honest -- she got away with our $50K and that was that.
I signed off the call telling her Ed was right. Another 10 years later, I got a mass email to all members of the local Bar advertising her starting a new firm, and asking for referrals. I responded: "Susan accepted a referral from me and owed me $50K. She told me she wasn't going to pay, and, so sad, too bad. If you are an idiot, you will trust her with a referral. Contact me for more details."
I pondered hitting "Reply All" and ended up just replying to her. I think it was a Tuesday. I told her how close I had come to exposing her character to everyone she had emailed, but unlike her, I had at least SOME character. That was the last of her.I looked her up -- she still practices in Broward. She's probably 74 or so. I don't wish her cancer, like Ed did -- but hopefully she got screwed out of lots of money over the years.
Ah, the stories and memories. I sure am glad I sit on the sidelines, mostly. I acted as Guardian ad litem for my friend Dave on a few cases -- to keep my pro bono chops active. Since the hearing was Zoom, no big deal.
And my friend Michelle was just selected as a judge -- investiture is November -- she invited me to attend. I asked whether I could wear a guyabara. She said Si. She speaks perfect Spanish -- Argentinian Jewish Dad; garden variety Brooklyn Jewish Mom. Michelle's great -- she'll be a terrific judge. I guess it'll give me a chance to see the new Miami Dade Courthouse.
Maybe some new stories will be told, or have origin.