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Saturday, Jan. 28, 2006 - 7:43 a.m. Motion to Get Lawyers to Get Their Work Done Sooner
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 (1740�1792),
of Flemish/Dutch
origins; and Magdalena
Keverich van Beethoven (1744�1787)
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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- - Wednesday, May. 21, 2008
More updates on another blog home. - Wednesday, Feb. 06, 2008 Where are my zzzzzz's? - Thursday, Nov. 08, 2007 Halloween '07 - Friday, Nov. 02, 2007 Hallween is All Good! - Wednesday, Oct. 31, 2007 |
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