Posts Tagged ‘overzealous advocacy’

“Defendants File Non-Opposition to Plaintiff’s Motion for Leave to File Surreply to Motion for Leave to File Surreply”

“As is so often the case, the first sign of approaching disaster was a motion asking for leave to exceed the page limit….As part of the public service I provide, I have counted up the number of pages that were written, rewritten, printed, scanned, and/or filed by the lawyers during this titanic struggle, and, including exhibits, that number is 1,749. Not a single page of which will be considered by the Court or, in all likelihood, ever viewed again by any human being during the remainder of our species’ time on this planet. Perhaps eons hence some member of an alien race picking through our ruined archives will come upon it, and hurt its brain parts trying to figure it out.” [Kevin Underhill, Lowering the Bar, on E.D. Nev. class action discovery dispute]

“Professionalism and decorum,” plus foes’ “tattered bodies littered around the courtroom”

A lawyer recruitment ad from Birmingham, Alabama is raising some eyebrows [Keith Lee]. “Maintaining professionalism and decorum” is important, at least up to a point: “You should want to destroy your enemies and leave their tattered bodies littered around the courtroom.” The pay? It starts at $35,000 a year.

“Judge blasts warring parents who squandered $500K on custody battle”

Canada: An “outspoken Hamilton judge blasted warring parents for squandering $500,000 on their bitter child custody battle. ‘How did this happen?’ asked exasperated Ontario Superior Court Justice Alex Pazaratz. ‘How does this keep happening? What will it take to convince angry parents that nasty and aggressive litigation never turns out well?'” [Toronto Sun]

“Federal judge scolds BigLaw lawyers for ‘behemoth pleadings’ and ‘prolixity'”

“A federal judge in Manhattan is ordering lawyers in a United Parcel Service lawsuit to file new pleadings that are short and plain, in keeping with Rule 8 of the Federal Rules of Civil Procedure. … UPS ‘launched its relatively straightforward claims with a sprawling 175-paragraph complaint, larded with more than 1,400 pages of exhibits,’ [U.S. District Judge William Pauley III] wrote. Lawyers for former franchisees responded with a 210-page answer with counterclaims and ‘voluminous exhibits,’ later expanded in an amended answer to a ‘breathtaking’ 303 pages that ‘brims with irrelevant and redundant allegations,’ Pauley said.” [ABA Journal]

Why one New Jersey man doesn’t fight

A successful whistleblower, he’s featured on the reality-TV show “Real Housewives of New Jersey” and one can only commend his pacific spirit, at least as regards physical combat:

I don’t fight. I think it’s stupid. I’m trained as an attorney. If I want to hurt you, I’m going to sue you. I’m going to leverage your house. I’m gonna give you three years of hell in a courtroom. I’m going to bleed you dry financially, and I’m going to humiliate you as I depose you for eight hours and make you my bitch.

[Newark Star-Ledger via Above the Law]

“Do you have a possible court case where you really want to ‘get’ someone?”

Chris Fountain brings us a truly over-the-top California lawyer website: “For us, the other side is not merely an opponent—they’re the enemy! For us, litigation is war. We’ve given the term ‘scorched earth litigation’ new meaning … We carpet bomb the other side with discovery, and our deposition questions are like hellfire missiles.”

And the sequel he finds on Facebook is even funnier.