June 30, 2005

• 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  attorneys, and they’ve withdrawn, etc for whatever reason, when that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.

  • 5:07 pm
  • 1 Comment