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Wednesday, March 6, 2013

Calendar Call

I'm headed down to court today. Going to court often involves the use of the skill that many lawyers did not develop in elementary school: waiting on a bench outside the principal's office. Fifty or sixty lawyers show up somewhere around 9:30 in the morning and look for their names on a long list pinned to the wall. That list, generally in alphabetical order of case names, shows the order in which the cases will be called for argument. (When you're thinking of a name for your company, you would be wise to choose something that starts with "A" if you want to wait less.)  You rarely know in advance how many names are on the list or whether your adversary will show up on time. When your case is called is determined both by placement and by the diligence of all of the lawyers. If everyone shows up ready and on time, then you may be called early. When you actually argue is determined by the least diligent lawyer in the case. Nevertheless, intentionally showing up late is risky, especially if you are representing the defendant. Plaintiffs seem to get much more leeway. The net result is that lawyers who represent defendants and who are being paid by the hour have to sit around watching client money bleed away while contingent-fee plaintiffs wander in when they please.  Multiply the hourly rates of all of those lawyers by the waiting time and you've got a colossal waste of time and money.

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