The Drudgery of Law Work

So my work lately is mostly what I call consulting and consigliere duties. I help strategize with the other lawyers, and sometimes explain cases to clients. It's been a long time since I actually went to court, or even attended a mediation in person.

Instead, I'm the team member who waits in the office while the mediation takes place, providing a hopefully objective view on the best way to proceed.

On Wednesday, I met Stuart at the Hallandale Denny's, and drove up with him to Fort Lauderdale to attend a mediation. It reminded me why I generally do NOT go to these things in person anymore.

The case is a strong one -- a medical negligence matter where an early 60s man died in a Broward hospital -- one of those corporate owned places where the care is crappy. The details aren't important, but the first part of the case, against the hospital, was settled a few years back, and now the target is one of the treating doctors.

His insurance carrier is famous for not settling. Years ago, a doctor friend, who carried a $250K policy, was sued for causing the death of a young patient. I was personal counsel, and pleaded with the carrier to settle. They did not. The case went to trial, handled by an experienced defense lawyer I'll call Jon, since that's his name, and the jury awarded $6M against my friend.

Luckily, I was able to save his tuches -- I got the carrier to settle with the plaintiff's lawyer, and even made a nice fee for our firm for getting this done. To this day, my friend and his wife credit me with saving their financial lives. It's actually true.

Anyway, it was deje vu all over again. The claim manager, a hefty woman from Tampa with the appearance and manner of Frau Blucher from "Young Frankenstein," was the decision maker. The soldier lawyer for the doctor -- still Jon. The doctor was a meek looking foreign guy who just wanted this over -- but naively, he didn't have personal counsel to move things along. He'll get that later -- after HE gets hit for a huge judgment.

The mediator was way cool -- a retired Circuit judge who is also a surfing champion. I really dug him -- we talked all about South Florida music during the very long breaks in the action. He saw the Beatles at the Deuville, and the Doors at Dinner Key. He also surfed summers on the Jersey Shore and got to know a young Springsteen.

Oh -- those pregnant pause mediation breaks. After 5 hours, Frau Blucher offered a tiny amount. We left. It had taken 5 hours to "accomplish" what should have taken 20 minutes.

It reminded me how OVER this whole thing I am.

Stu called the day after to debrief -- I told him I was still recovering from the tuches sores I got sitting for so long. He understood -- he's still very much in the game.

As we were saying goodbye, and Stu and Jon were signing a pre trial stipulation, I reminded Jon we had a client in common -- Doctor Dave. His young associate, another Frau Blucher in training, asked about the case. I happily told how it was JUST like this one -- low ball offer, likely headed to a HUGE judgment against their client.

I smiled the whole time, and told the tale in a subtle, laughing manner. Jon wasn't smiling or laughing. He knew he was going into ANOTHER losing battle. But -- he would be paid either way, so no sympathy for him.

His meek, foreign doctor client will likely be losing some sleep, though -- a case that should be settled and give him peace will instead require him to be in Court a week and be told by a jury that he killed a patient. That's our system.

As for me -- I plan to stick around the office in the future. There's plenty of talent to go to the meetings, hearings, and trials. My patience for it is too thin...

I was sitting outside last night, reflecting on the case, and it occurred to me: one week from today is the 25th anniversary of the founding of my law firm. 25 years of doing anything is plenty. It's no wonder my patience has run out...