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Federal Judiciary

: Southern District of Florida

How not to do an oral argument

By David Oscar Markus

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Phipps: . . . so that?s about all I have to say, Your Honor. I don?t have anything other than that. You know, my client lives in Chicago. ... She continues to earn a living, and she?s generally unavailable if you call her because she, she?s sort of a traveling doctor.

Judge: That?s not much of thing you come in here and tell us, I guess.

Phipps: Well, my attitude is, the [district court] judge got it right . . . . And as far as whether even Ricks should apply, I don?t think it should.

Judge: What do you do about Morgan?

Phipps: I don?t, I don?t, I don?t know Morgan, Your Honor.

Judge: You don?t know Morgan?

Phipps: Nope.

Judge: You haven?t read it?

Phipps: I try not to read that many cases, your Honor. Ricks is the only one I read. Oh, Ledbetter, I read Ledbetter, and I read that one that they brought up last night. I don?t know if that?s not Ledbetter, I can?t remember the name of it. Ricks is the one that I go by; it?s my North star. Either it applies or it doesn?t apply. I don?t think it applies.

Judge: I must say, Morgan is a case that is directly relevant to this case. And for you representing the Plaintiff to get up here?it?s a Supreme Court case?and say you haven?t read it. Where did they teach you that?

Phipps: They didn?t teach me much, Your Honor.

Judge: At Tulane, is it?

Phipps: Loyola.

Judge: Okay. Well, I must say, that may be an all time first.

Phipps: That?s why I wore a suit today, Your Honor.

Judge: Alright. We?ve got your attitude, anyway.

The Fifth Circuit wasn't too happy. It had this to say in a per curium opinion.

[W]e would be remiss if we did not comment on the conduct of Roger Phipps, counsel for Hartz, during oral argument in this case on Tuesday, March 4, 2008. Phipps? conduct towards the Court during argument was unprofessional. Even more serious was his admission that during his work on the case (including his preparation for argument), he had not read a key Supreme Court case. His cavalier disregard for his client?s interest and for his obligation to the Court was both troubling and disgraceful. [FN4]
Accordingly, we are ordering Phipps to provide his client, Hartz, a copy of our opinion immediately after it is released. In order to ensure compliance, we are further directing him to supply our Court with proof of service.

OUCH!

Full post as published by Southern District of Florida on April 24, 2008 (boomark / email).