Archive for March, 2013

Today we had oral argument on a motion to dismiss. A beautiful sunny day in a spacious, peaceful courthouse. We arrived early, the partner and I, and waited in one of the corner courtrooms for the judge. After the court reporter and clerk were settled, and the lawyers had presented their business cards so their names could be entered into the minutes, the judge appeared from chambers, took her seat at the bench, and said a curt “Good afternoon” to each of the two lawyers standing at the podiums before her. The judge directed her first question at us. I could see my partner’s back tense as she prepared to answer, her right heel rocking back and forth like a restless five-year-old’s. She started to drift. She was spending too much time arguing about what the statute meant. We had agreed this morning that she would instead argue that the facts fit […]