LEX FUGIT

WORKING WITH MR. WONDERFUL

I have previously related the circumstances of my first meeting with attorney Rik Mazzeo.  Click here.  

We have moved beyond that shaky start, and since July of 2015, it has been my pleasure and honor to work Mr. Wonderful.

That is how he answers his phone, and variations appear on his shirt cuffs and his license plate.

Rik does say that if your are going to call yourself Mr. Wonderful, you better be able to back it up.

You can't be in court saying:  "Mr. Wonderful appearing for________, and I'm sorry we didn't(file a witness list, answer discovery, show up for a Settlement Conference, etc)".

Taking that name unto yourself is a great motivator to keep your game up.

One day, I am in Washtenaw County Circuit Court arguing a Summary Disposition motion on a case that would melt the stoniest of hearts (2 insurance companies suing each other, arguing that the other should have paid).  As I got up to deliver my argument for denial of the motion, Judge Connors says straight off:

"You're not Mr. Wonderful.  Who are you?"

"Judge, I am Mr. Striving for Mediocrity and Failing."

I won the motion and the opposition had the temerity to try to take the ruling up for an interlocutory review.  So, one day a few weeks later, Nancy Dembinski, our resident Appeals guru, walks in to my office with a transcript in her hand.  "Butler, what is this?"  Yes, my introduction is now part of the annals of the Michigan Court of Appeals.  That's glory for you.

As to the case, it went to a jury trial.  We were the plaintiff in that case.  And though modesty probably wouldn't prevent Rik from telling you, but Mr. Wonderful "Rang the Bell".

 

LEX FUGIT-DISCRETION REQUIRED

"You said a mouthful, Toots!"

Since starting a site that gathers war stories from "seasoned" attorney, I have had to consider when discretion would dictate that names of those involved be withheld.

This is such a case.

While attending the Bench and Bar presentation last week in Wayne County, I saw a lawyer acquaintance of mine who I hadn't seen in over 5 years.  He is "semi"-retired.

He looked good, as heath issues had required that he change his diet and he lost a fair amount of weight.  When folks get to a certain age, even if the weight loss improves appearance, you try to find out if the weight loss was intentional.

Anyway, later in the day, I recalled a case, from years back, when this fellow and I were at a Settlement Conference in Wayne County.  I was a plaintiff lawyer and he a defense lawyer.

This case was so long ago, that an afternoon Settlement Conference was a common thing.  Also, this was so far back, that the judge actually tried to settle the case.  Routine referral to facilitation was still in the future.

So, counsel are back in the judge's chambers, shooting the breeze preliminarily, as was, and still is common practice.   I am still not sure how this came up, but there was a discussion about some other judges in other circuits.

Now, our Settlement Conference judge was an African-American woman, and a judge who I really liked.  In the discussion, about the other judges, the defense lawyer mentions that he has had bad experiences with a judge, from another circuit, also an African American woman.

The defense attorney says, "I think she is prejudiced against white people."  I am sure the reader understands that both lawyers at this Settlement Conference were white males.

That stopped conversation in its tracks, all right.

While I casually tried to move my chair out of range of the anticipated lightning strike, our Wayne County judge, after a 5 count of silence, moved on as if nothing had been said.  Very classy move.

I was actually FB friends with that attorney for a while.  One day, I noticed that his profile showed up in the "People You May Know" box, that shows up in your Facebook feed.  This is how I learned that I had been unfriended by the guy.  Small loss.

"Judgment is not upon all occasions required, but discretion always is".-Lord Chesterfield