Saturday, Jan. 28, 2006 - 7:43 a.m.

Motion to Get Lawyers to Get Their Work Done Sooner

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I would like to humbly apologize for my outburst yesterday and the torrent of expletives that emanated from my pissed off fingers.  See, lawyers who practice litigation have deadlines to make that are set by the courts.  These deadlines are filing deadlines for motions, answers to discovery questions from opposing attorneys, designation of witnesses and expert witnesses, deadlines to conduct depositions and many others.  What most people don't understand is that your average civil lawsuit takes about two years from start to finish.  The initial suit has to be filed, then the other side has to file an answer, and if they so chose, file a motion to dismiss which the judge will rule on, which in turn determines whether the case goes forward or not.  Then at some point is a deadline to file a Motion for Summary Judgment in which one side of the dispute takes all the existing evidence, from answers posed to one side, deposition testimony, and other various assorted bits and pieces of discovery, and puts them together in a neat little package, or in some cases not so little package, with evidence favorable to their argument, presents it to the Judge and asks the Court to rule on the merits of the case before the trial date comes up.  The other side then has, after the filing of a Motion for Summary Judgment, about 2 weeks to write a response presenting their evidence as to why the case should go forward and presents a Motion to have the other side's Motion for Summary Judgment denied.  Are you with me so far?  This is where litigation attorneys do most of their work.  Drafting these Motions.

So, we have a case that was filed about a year ago.  A Harris County Precinct 1 Constable was terminated from his job in the Medical Examiner's office after he reported his superior officer's girlfriend (another deputy) stealing supplies from the ME's office.  Its important to note that the superior officer was also married at the time, so his relationship with this deputy was adulterous.  What it boils down to is a whistle blower action, in which our client made a good faith report of wrong doing.  Regardless of what was being taken (the supplies were cleaning supplies) they were items that were paid for with tax payer monies.  We sued Harris County and the Precinct 1 Constable's office.  Harris County has filed a Motion for Summary Judgment stating, based on the depositions of MANY people, that our client was terminated for poor job performance.  Keep in mind that a deposition is no different than courtroom testimony, other than it is conducted in an attorney's office outside the courtroom, and months or even years before trial.  They are taken under oath, and the deposed is held to the same standards of perjury as if he or she were sitting in front of a judge and jury.  Our client contends that a good majority of the deposition testimony given by the "guilty" parties was false.  What kept me at work for so long yesterday was the Response to the other side's Motion for Summary Judgment.  It was due yesterday and was only started on three days ago.  Our response ended up being a 12 inch stack of paper, including our Motion to have their Motion denied along with our relevant exhibits.  Putting these things together in such a short time takes ALOT of work and in this case, a true team effort.  Draft after draft is, well, drafted, then the exhibits have to be put together, a million copies made, and so on and so forth. 

What I didn't realize yesterday at "quittin' time" was that the thing was no where near finished because I had not done the majority of the work on it.  In any event, the Motion was finally done and had to be packaged up to be filed with the Court, copies made for the opposing side and other interested parties, and sent out.  I didn't leave work til after 8, and even then, the finishing touches on our Motion were just being implemented.  I just hate it when I have to work late on Fridays because I just need to go home and rest.  I finally got home around 9:30 and got into bed.  Travis had other plans though and didn't want to go to sleep until after 10.  The little guy is sleeping in this morning.


Song Virus du Jour:  Actually, I got nothing today.  Well, the 9th Symphony is still stuck in my head though.


Useless Trivia du Jour:  Beethoven was born at 515 Bongasse, Bonn, Germany, to Johann van Beethoven (17401792), of Flemish/Dutch origins; and Magdalena Keverich van Beethoven (17441787) of Slavic ancestry. Until relatively recently, many reference works showed 16 December as Beethoven's "date of birth", since he was baptized on 17 December and children at that time were generally baptized the day after their birth. However, modern scholarship does not make such assumptions

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