Law in the Trenches: A Warning that the Practice of Law is Not Always Glamorous
My friend Joe Jacobson has often regaled folks on Facebook with his stories from the legal trenches. I love how Joe keeps an even keel and works hard to give others the benefit of the doubt, even when things get thorny.
I usually get along swimmingly with opposing counsel. The better they are at trial law, the easier it tends to be to get along (a lot of people find this surprising). Today, however, I had a long difficult conversation with a young opposing attorney and I struggled to give the opposing attorney the benefit of the doubt. Here’s what happened. I hope you find this somewhat entertaining and doesn’t simply come across as whining.
Here’s the background: A federal judge appointed me to take over legal representation for a man who filed his own lawsuit alleging that he had been physically abused by prison guards. For technical reasons, only the guards are parties to the lawsuit, not the prison. I’ve taken a few depositions of individual witnesses, but I decided I needed a Rule 30(b)(6) “corporate representative” deposition of the prison to finish my discovery. This rule (30(b)(6) can be a power and powerful technique for learning information lodged in the inner belly of big organizations like prisons. Therefore, I sent out my subpoena and notice of corporate representative deposition last week, listing about 25 topics I wanted to discuss. The government attorney’s job is to fill the deposition chair with one or more witnesses who can answer my questions about those topics under oath.
Today’s phone call was from the government attorney, who was complaining about the way I set forth my topics. He annoyed me from the start with his know-it-all tone of voice. Here’s how the conversation went: