Tuesday, July 31, 2012

David vs. Goliath

A few months back I was approached at work with a problem. A client of ours had a recently pled guilty to criminal charges and now the opposing attorney for our client's civil case filed a motion to dismiss based on what he deemed to be perjury in our client's deposition.

The lead attorney on the client's civil case asked if I would draft the response to the motion to dismiss. I instantly said that I would, only to have the reality of the difficulty I now faced crush my elation from being asked to do it. I had never written a motion to dismiss, let alone a response.

This was my chance to prove my potential. My big shot at impressing the boss. I spent the next four days putting every ounce of mental energy into my response. After several revisions, I finally mustered the courage to show my boss. He was impressed. However, that was the easy part. The million dollar question: would the judge be impressed?

Said response was filed and days went by. A few days before the hearing, the opposing attorney called and cancelled the hearing. He made an excuse that he couldn't attend, but we knew the writing on the wall. His motion to dismiss had virtually no merit, and my boss gladly allowed me to professionally call him out on it in our response.

Fast forward two months and the client received a very good settlement at mediation. Today the client's check came in. I couldn't help but think how far off that check seemed when I was first drafting the response.

Did my response solely save the client's case? No, we have a great time of people that built up the client's case along the way. But I believe years from now I'll look back and remember this as my first David vs Goliath moment, where you face something that seems infinitely bigger than you. As I will soon be the "newbie" in the attorney world, it surely won't be my last.

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