Wednesday, February 01, 2006

Who's responsible?

Today I had what I wish was a unique experience, but is all too common in the practice of law.

My "favorite" member of the federal judiciary decided to deny two of my motions. Now, that's not too surprising, considering I advised both of these clients two months ago that it was a lost cause to bring the motions. They both persisted, however, in wanting their chance to have the judge tell them they were up in the night.

So against my advice, they directed me to file these motions--nearly identical motions that were, coincidentally, heard by the same judge on the same calendar.

Just my luck.

For the past two months, I repeatedly warned them of the very real possibility of failure. They claimed to understand and accept the fact. As we walked into the courtroom this morning, I warned them both AGAIN.

What happened? The judge denied the motions (!!Surprise!!) and I faced two weeping, sobbing, angry clients in the hallway wanting to know what happened, why they lost, what to do next, and "I thought you promised we'd be O.K."

These are the things for which law school WILL NOT prepare you.

Can I at least say, "I told you so"?

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