There is no surprise that Christmas brings out our inner curmudgeon. It must be especially true among lawyers. No matter what religion or upbringing or background, Christmas is suppose to inspire at least a short period of time in which charity and love prevail. But does it in the practice of law?
Let me see. It is Christmas Eve. Most lawyers will mainly be out of their offices until New Years. At
least most lawyer will be primarily focusing on family and friends. So, why would you not expect discovery demands and written discovery requests to hit on New Years eve?
Today, I received a discovery request wanting to take the depositions of my clients as early as the 29th of this month. Of course, if I do not respond within 48 hours the lawyer might just set the depositions as he sees fit. You will be happy to know that the lawyer ended his letter with "have a Merry Christmas". What sarcasm. What a jackass. I emailed him and told him how uncharacteristically Christ-like his request was at this crucial time, and that I would not think about contacting my clients until next week. I explained it is Christmas eve, that he needed to get his uncharitable and uncaring ass out of the office, go home and be with his family, leave the billable hours alone, and stop trying to be so damned tactical.
I also received two separate sets of interrogatories, admissions and production today. There is nothing like getting a jump on the objection periods. It is important to note that the deadlines in these were not pending as to either set. Discovery just reminds us that Scrooge has a law degree.
A few years ago I had an attorney issue subpoenas to my clients two days before Christmas, requiring them to appear the day after Christmas for depositions, which included a huge list of mostly inappropriate documents my clients needed to bring with them. He also issued a subpoena for me requesting that I bring all of my supporting case law and files to substantiate the lawsuit pending against his client. I remember calling him up and requesting out of courtesy that he moderate his tactics so that we could enter into an agreement after the Christmas holiday or allow the judge to decide in the New Year. He just said he was Jewish and Christmas meant nothing to him. I tried to remind him that the judge was Jewish as well, but it was a holiday and I did not think the judge would be impressed with his tactics. He refused, and so we had our motions to quash on Christmas eve, and a follow up hearing the following Monday. The Jewish judge was absolutely livid at the attorney. More importantly, how could one think a judge would not be outraged.
But, every year it happens in varying degrees. Most often it happens with lawyers who profess to be Christians. I know because when I complain they seem compelled to tell me they are Christians as if that somehow vindicates them from being unmitigated assholes.
And, believe this tactic is not left to discovery requests alone. In most Texas bankruptcy court jurisdictions, a creditor's attorney has to notify the debtor's attorney two to three days before filing a motion for relief from stay. Of course if you do so, and the problem is resolved, no motion seeking relief from the stay is necessary, and the creditor will not pay its attorney for the effort. When I practiced bankruptcy law, we always had to turn off our fax machines (the primary technology at the time to document that such a request was made) on Christmas eve to hold back the literal barrage of such notifications.
A suicide bombing in a public place is probably the most egregious thing imaginable. Yet, worse it seems to me, is the fact that some person always attempts such a thing on Passover every year. Talk about adding insult to injury. It is an act intended to cause personal destruction and it is also represents the utmost insult. In short, it is not logical. It is tactical. It is horrific. Yet, it is on Passover so that it will cause even more derision, and it is to stand as a mockery of the Jewish faith.
That is really the point here as well. No, I am not saying that a lawyer trying to take tactical advantage of the Christmas holiday is as bad as a suicide bombing during Passover, but the point is that the intent is the same. It is meant to be contemptuous, a put-down, a taunt, offensive, discourteous, and imprudent. It is meant to be a snub, a slap in the face, and a slight.
There are too many lawyers these days that are so disagreeable, so offensive, so abhorrent, so repugnant, that I think it is important for none of us to let this type of conduct pass. They can stand up in Court all they want and say "What? What? I was just doing what I was allowed." However, we know, and most often the Court knows, this is a loathsome practices.
So, now I have received what will hopefully be the last of the discovery requests today. I am through writing about the practice. And now, hopefully, I can go back to my family.
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