"The Beard Grows, But The Head Does Not Grow Wiser."
"Lawyers work hard and, like us, they're human, many of them."-Dick Cavett
“A judge is a law student who marks his own examination papers.” - H. L. Mencken
"I tell you, I'll consult my lawyer. And if he advises me to do it, I'll get a new lawyer."-Groucho Marx 
"We are all here for a spell, get all the good laughs you can."
*For purposes of this post, accent the second syllable of impotent.-ed.
This story is a courtroom classic. It is Simeon (Sy) Orlowski's story, but sadly, Sy passed away in 2014.
It is set forth here as related by Dan Makarski, a Dean of Michigan Facilitators,
Dan's services are in such demand, a personal injury attorney is well advised to contact his assistant June Hayes for mediation dates before the accident happens.
Sy was a great attorney and an even better man. It is emblematic of his integrity, that he left a job, rather than carry out an unethical directive from a client.
At the time of this tale, Sy worked for the firm now called Secrest Wardle, in its (sadly) now closed branch office on Macomb Place in Mt. Clemens, a few short steps from the Macomb County Courthouse.
Sy was in an auto negligence jury trial in Macomb. The direct exam of the plaintiff had ended at the lunch break. Sy's cross exam would come at the beginning of the afternoon session.
Back at the office at lunchtime, Sy asked Dan what he was doing that afternoon. He told Dan he might want to come to court to see his cross. Those who knew Sy know that he was the most self effacing of men. This was not an ego trip.
As to the trial, fault for the accident was not a contended issue. As to the requested compensation for plaintiff's injuries, money had been offered by Sy's client before trial, but the offer was not agreeable to the plaintiff. He would take his chance with the jury.
Along with various bodily injuries, the plaintiff claimed he had become impotent as a result of the accident.
The morning trial session ended with plaintiff counsel completing his examination of his client. The attorney wanted to end on a high note, and had his client testify about the trauma of becoming impotent because of the accident and the impact it had, and would continue to have, on his life-and the life of his devoted spouse. He looked over to his wife, who was sitting at counsel table. She wiped tears from her eyes. Good luck, defense counsel.
Court reconvened in the afternoon, with Sy to cross examine the plaintiff. His initial questions appeared fairly benign.
"Sir, you have been sworn to tell the truth." "Yes."
"And you have told the truth to the jurors here?" "Yes."
"And you have always told the truth to your treating doctors as well?"
"Of course." (The plaintiff lawyer should have suspected something was coming. Maybe he did).
"Sir, I'd like to show you this record of your visit to Dr. X, your treater for the injuries you have alleged in this accident."
At which time, Sy pulls out a blow up of a page of the plaintiff's post-accident medical records, and places it on an easel in full view of both the plaintiff and the jury. Highlighted in yellow, is this portion of the client's medical history:
“Impotent—but only with wife.”
The eyes of several female jurors went wide, and a jaw or two dropped.
Dan didn't say if Sy ended his cross at that point.
The plaintiff was No Caused, even though he had suffered some objective bodily injuries. Ironically, the record had rendered his claim for damages, well, impotent.
I (Butler speaking) can't say enough good things about Sy. He was the kind of guy you'd be proud to have as godfather of all your kids.
Sy fought a long battle with cancer. He had taken time off work during his treatment. He did come back, for a time, and our last deposition together took place when I was still a plaintiff lawyer. My client was in an auto accident while making a delivery for his employer, a small auto parts manufacturer. The employer was mad that it might have to pay worker's comp, and so took the rather interesting position that my guy had taken a company vehicle-to make a delivery, mind-without permission. Sy's client also contested my man's No-Fault claim as well.
It was a fun deposition for me. For Sy, not so much. His clients were hard to control. In fact, and the end of the dep, one of his people got up, pointed at me across the conference table, and I believe directed a few Arabic curses at me-and my family possibly.
On the other hand, I also remember my first case with Sy. Oddly enough, at the end of my client's deposition, there was cursing as well. Me, cursing my client.
God bless you, Sy Orlowski. I'd appreciate you putting in a good word on my behalf with the Big Boss. He knows I'll need all I can get.
Sy was the best of the best!!!
Always a gentleman with integrity that was so
Refreshing.....
He and Dan were the heart and souls of our profession.
Been gone 7 years but seems like last week!
Sorely missed by all.
Bob Rowling
Posted by: Bob Rowling | 02/07/2021 at 08:22 AM
superlatives ae inadequate for Sy. I should post more but I can't, God Bles you Paty - and thanks Dan
Posted by: geprge clark | 02/07/2021 at 11:46 AM
Sy had the quentessential character feature that embodied the confidence of never give up-never give in except to compromise when necessary! (I am trying to say that with humor! but it was very real!)
In his personal resolve while he was committed to his medical treatment. Sy never gave up on life nor did he relinquish his principled beliefs. Whether known to him or not, Sy served as a role model and bright star example to lawyers on how to serve the true fullness of their profession, and similarly to all persons on how to live their lives with positive purpose.
Posted by: John E. McSorley | 02/09/2021 at 02:15 PM