Celebrating 10 years! 2007-2017

What would you do?

Can't give too much info because of privilege but I represen metsfan07/13/17
Take your lumps and move onto the next case. isthisit07/13/17
Add her to your List of Enemies and move on. You are a hired vohod07/13/17
Unless there's some way that complaining would help your cli perkinwarbeck07/13/17
Leave it be and not believe a single thing that comes out of smallyer07/13/17
You've learned a valuable lesson: Don't expect witnesses to jeffm07/14/17
I think OP is talking about the attorney for a co-defendant, superttthero07/14/17
My point is that anyone can be a witness, including a party. jeffm07/14/17
This is exhibit A of why I decided as a rising 1L to never b flyer1407/14/17
OP talkin' smack, playin' games. No one is dumb enough to 2tierreality07/14/17
She is the one appearing for her client, and she can take an trollfeeder07/14/17
I'm a little confused; did her client benefit from her actio therewillbeblood07/14/17
Her client was significantly harmed by her actions as her cl metsfan07/15/17
I'd say let your client's interests dictate your action. If jd4hire07/15/17
Returned to court. That associate VERY begrudgingly took a metsfan08/12/17
In court on the same case today. Judge reluctantly ruled f metsfan11/17/17
The partners know more than her. If favoring one party over dingbat11/17/17
metsfan (Jul 13, 2017 - 10:03 pm)

Can't give too much info because of privilege but I represent one of 3 parties each with separate counsel inn a case. One lawyer, a young associate at her firm, flat-out admitted to me that the firm partner and client instructed her to take a position more favorable to my client than the other opposing party, but that because she personally does not like my client and thought it was best to side against us, that she argued for a position more favorable to the other guy. This in large part led to my client getting his butt kicked in court.

I am seriously considering calling the partner and complaining, but (1) don't think that her firm's workings are any of my business, (2) as a fairly young lawyer myself have reservations about throwing her under the bus, and (3) if the firm took adverse action against her, I would not want to hurt indirectly any dependents she has.

Taking opinions. What would you do?

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isthisit (Jul 13, 2017 - 10:18 pm)

Take your lumps and move onto the next case.

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vohod (Jul 13, 2017 - 11:25 pm)

Add her to your List of Enemies and move on. You are a hired mercenary in litigation. Roll your eyes if she brings it up again, nothing more.

Running mouth like that means she won't have much of a reputation or career in litigation.

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perkinwarbeck (Jul 13, 2017 - 11:28 pm)

Unless there's some way that complaining would help your client, I think it's best to let it lie. I don't think retribution against her is a great reason to complain. Remember this in case you run into her again.

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smallyer (Jul 13, 2017 - 11:38 pm)

Leave it be and not believe a single thing that comes out of this lawyer's mouth.

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jeffm (Jul 14, 2017 - 9:58 am)

You've learned a valuable lesson: Don't expect witnesses to be unbiased and if the witness is biased against your client, don't expect unbiased testimony.

Both of these things could have been determined in discovery. If the case doesn't warrant discovery, then, trial will be conducted by possible surprise.

This is something that will repeat throughout your career. Don't be offended. Instead, learn how it works.

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superttthero (Jul 14, 2017 - 12:34 pm)

I think OP is talking about the attorney for a co-defendant, an associate attorney, taking a position against his client's interests over the instruction of said associate's partner and client. Nothing to do with a witness.

To OP: I agree with what someone said above. Unless you the call would somehow benefit your client, just file it in your head in case you ever need to deal with her again.

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jeffm (Jul 14, 2017 - 1:23 pm)

My point is that anyone can be a witness, including a party. If you have not secured discovery from the party or witness, you can wind up surprised. Obviously, that's what this whole thread is about. And everyone is saying "lump it." Given that "lump it" is the prevailing advice, the next best case to keep it from happening again is to not assume too much about what a person will say in trial, even a co-defendant.

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flyer14 (Jul 14, 2017 - 1:10 pm)

This is exhibit A of why I decided as a rising 1L to never become involved with any female law student or lawyer. Such a deplorable collection of unpleasant personalities. Sad!

To reply to OP: I concur with everyone else here. No matter the size of your town, the legal community is a small subset and her name will eventually get around. Circle file this experience for future use.

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2tierreality (Jul 14, 2017 - 1:26 pm)

OP talkin' smack, playin' games.

No one is dumb enough to do this and to honestly expect to keep her job. But OPs love saying crap like this to rile up the opposition. She's just hoping you mention it to your client.

The only winning move is not to play.

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trollfeeder (Jul 14, 2017 - 8:34 pm)

She is the one appearing for her client, and she can take any position that she wants to, if it gets back to the partner, she will have consequences without any intervention on your part. I would surely never trust her word ever, being duplicitous only gets you so far.

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therewillbeblood (Jul 14, 2017 - 10:49 pm)

I'm a little confused; did her client benefit from her actions? Or was her client indifferent as to whether your client or the other person was hurt?

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metsfan (Jul 15, 2017 - 8:49 am)

Her client was significantly harmed by her actions as her client's interests are much more aligned with my client's than the third guy. In fact the partners temporarily took her off the case the last time she did this and they admitted to me that they didn't know what she was thinking.

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jd4hire (Jul 15, 2017 - 9:33 am)

I'd say let your client's interests dictate your action. If the partners took her off once, they aren't dumb and will figure out what's going on. If a similar situation occurs, I'd orally express to the associate that you will bring up the issue with the partners based on all prior experience and communication.

I'd also start skipping over the associate as much as possible for anything related to the case. On emails, I'd address them to the partner and CC the associate. Phone calls, scheduling issues, assented to motions, etc. straight to the partner.

When I started practicing, my father strongly suggested that I maintain a $hit list in the form of a rolodex or little index cards with the person's name. I never did this with physical objects, but in my short time practicing (6 years) I have a mental list of three individuals that I will stick it to any chance I get for things they pulled in prior cases. It takes a lot for me to get personally invested in cases - ID settling cases with carrier's cash money.

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metsfan (Aug 12, 2017 - 9:19 am)

Returned to court. That associate VERY begrudgingly took a position more favorable to her client and against the other party but the Judge shot her down. At least she can tell her boss she kind of tried.

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metsfan (Nov 17, 2017 - 5:04 pm)

In court on the same case today. Judge reluctantly ruled for us, and transferred to a more favorable judge. Also the young female associate no longer works for that firm. My guess is she was fired because of this case. B-tch.

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dingbat (Nov 17, 2017 - 7:42 pm)

The partners know more than her. If favoring one party over another could benefit her client, that's what she should be doing.

The fact that she didn't do that, despite specifically being told by her partners, shows a complete lack of judgment. If an associate blatantly ignores my instructions, I'd fire him/her too

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