One of the worst things about being a new attorney is you are the sacrificial lamb to the slaughter. If the case is a loser your firm will offer you up to get skewered. I was handed a case representing my boss's brother in a breach of contract action. The alleged breach was for $1,600, opposing counsel offered $2,000. Good deal right? Not at this greedy firm. My firm counters with $10,500. This thing is going to trial clearly. I get stuck with a case I don't want and a case we are going to lose. Everything is wrong, the billing statement has multiple errors, the letters from the counsel to the client has errors, and the emails to the former client has errors. I advise settlement on numerous occasions. Not only does my boss's brother say no, but then my boss and his brother start yelling at me about how my heart is not in this and we will lose because I'm not trying hard enough.
Here's the amazing kicker. My boss is so greedy, he demands I bill my usual 7-8 hours and work on this case at the same time. Two sundays gone and numerous after hours at work.
After reviewing the evidence, we have nothing. It's fairly obvious this is going to lose, we don't have the law or the facts on our side. The judge is immediately pissed off. The disputed bill was $1,600 that should be in small claims not a regular court room. Things proceed very awkwardly, the judge just doesn't care and wants this resolved. He says I just want to know if Plaintiff did the work and if Defendant paid or not. My boss's brother the plaintiff ignores it, he proceeds to argue with defense counsel and the judge.
Finally, before closing the Judge says "I'm ready to rule, I don't want to hear your closing but if you really want to offer one and try to change my mind I'm willing to give you a shot" At this point I scrap my planned closing and argue that we established Plaintiff did the work. The judge rules for Defendant
Amazingly, it's not over. The judge then goes into a tirade against my boss's brother, telling him how in his entire time on the bench he has never come across an attorney as terrible as him (my boss's brother), none of his billing records were without error, all his letters to his clients had errors, and emails had errors. There was no contemporaneous billings to support your work. He continues by saying how dare you bring this in my court and how dare you make your associate argue this case. Not a word to me. The entire tirade against my boss's brother.
My boss's brother has the audacity to tell me that I was ill-prepared, that my closing was terrible and I didn't ask the questions he told me to ask. Apparently, the entire tirade against him was completely ignored and he lays the blame at my feet.
My friend's watched the case, they said to me had the judge not realized I was a sacrificial lamb with 4 months as an attorney I would have been sanctioned by the court and it would have followed me the rest of my life. So let this be a warning to all new attorneys at some point you too will be the sacrificial lamb.
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