Legal News

Lawyer to Lawyer: I Am Sorry That You Are From Dallas

By Dan Slater

When Hurricane Ike swept Houston a few weeks back, we searched hi and lo for a legal angle. But a post about lawyers telecommuting or delayed trials just didn’t seem all that interesting. So we passed.

Then we noticed a letter, dated September 26, making the rounds on the Web. (Click here and here for other coverage.) It was sent from Jeff Murphrey, a lawyer at Houston’s Tekell, Book, Matthews & Limmer, to Dale Markland, a lawyer at Markland Hanley in Dallas. It serves as an apology for a Hurricane-delayed deposition, and uses the phrase “I am sorry” about 13 times. Why is Murphrey sorry? Here are a few things he’s sorry for.

I am sorry that a Hurricane hit Houston.

I am sorry that I had no power or water at my house as a result of the hurricane.

I am sorry that I had to extend my stay out of state because of the hurricane. . . .

I am sorry that upon returning to my home on Monday, September 22, 2008, I discovered a roughly 50 ft. x. 6 ft swatch of human excrement, used condoms, and all the other niceties that come with a raw sewage leak in one’s backyard . . .

I am sorry that I had to threaten City of Houston officials with lawsuits and local news exposure in order to get them to even agree to meet with me about cleaning up the problem.

I am sorry that these city officials chose a date that interfered with our deposition and gave me no other options. . . .

I am sorry that your office communicated that you would only “agree” to my rescheduling the deposition if we agreed to pay your travel expenses. I am also sorry they did not mention anything about attorney’s fees in their voicemail. I am especially sorry that your associate, after I had agreed to pay your reasonable travel expenses, decided to put in writing that while the deposition was cancelled, it was “unilaterally cancelled,” and that you did not agree to the cancellation. I am sorry that you either went back on your word or, more likely, that you do not have a word.

I am sorry that you think the judge should be involved in this matter. I wonder if the judge will be sorry about that, too. . . . I am sorry you are from Dallas.

Intrigued by Murphrey’s missive, we called up Dale Markland, the letter’s recipient, to get his side of the story. Markland, who said his firm is close to putting out a statement on its Web site, told the Law Blog that the letter contains “some emotional allegations that have very little to do with the whole story.” He continued: “This has to do with a deposition that was set long in advance. I did not receive cancellation of the deposition until I was already on my way to Fort Wayne. This was my attempt to protect my client’s expenses for my trip to Fort Wayne. I have sympathy for Mr. Murphrey, but his timing of his cancellation is not my client’s fault.”

Markland added: “I’ve been a lawyer for over a quarter of a century. I have a stellar legal career. And this [letter] is very damaging to our law firm, and for no reason.”

Full post as published by Law Blog - WSJ.com on October 03, 2008 (boomark / email).