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Be Prepared

By Brad Bogan

Hartz v. Adm'rs of the Tulane Educ. Fund, No. 07-30506 (5th Cir. Apr. 16, 2008) (per curiam) (unpublished) (King, Stewart, Prado)

Don't go to court unprepared. If there's a key Supreme Court precedent relevant to you case, read it. Not only do you owe it to your client, but you also don't want this to happen to you:

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. We communicate occasionally on the phone, she sent me the documents. And um, she?s a doctor. 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.

(some italics added). Oh, and in addition to showing up prepared, you should also probably avoid disparaging a judge's alma mater.

As a sanction for the attorney's "cavalier disregard for his client?s interest and for his obligation to the Court[,]" the panel ordered him to provide his client a copy of this opinion and to provide proof of service to the court.

Hat tip: Legal Profession Blog.

Full post as published by Fifth Circuit Blog on April 17, 2008 (boomark / email).