In Uncategorized on 07/25/2014 at 19:55

How often over the last thirty-five or forty years have I wished for a little black box, not larger than three cubic inches, that would sit quietly upon my desk. If I got mail (snail or e), or the phone (desk or cell) rang, on that wonderful little black box would glow either a red or a green light, not bigger than a nailhead. If green, the little black box would be telling me that I was about to acquire a really good-paying client, with either a solid case or an interesting transaction, with whom it would be a pleasure to work, with generous compensation.

But if red, the little black box was saying, in words I remember from long ago, “Incoming! Hit the dirt and grab an extra mag!” No lengthier gloss is needed.

Alas, I never had such a box. I wish I could have invented and patented it.

Such a box would be valuable beyond rubies before picking up the phone when the phonecall begins with “You are the third lawyer I’ve consulted….”

Case in point, a designated hitter from Judge Wherry, John W. Harris & Delilah E. Harris, Docket No. 20421-10, filed 7/25/14.

I won’t dwell on John’s efforts to extricate himself from the stipulation that sinks his case. Allegations of IRS skullduggery are occasionally true (cf. Kersting and his offspring), and so is alleged lawyer inadequacy, but more often these are the loser’s auto-condolences. Make up your own minds.

But the point of this blogpost (and I can hear my readers, those happy few, saying “I can’t believe it! Twice in one month he has a point!”) is just one sentence.

“We acknowledge that, at the time of the conference call, petitioners’ current counsel, the third attorney to represent them in this four year-old case, may not have been completely familiar with its procedural history.” Order, at pp. 7-8.

I’ll be prepared to wager ten new pence with my UK readers that this is not the only point in John W.’s & Delilah E.’s history with which said third lawyer is not “completely familiar”.

Would you be paralyzed with shock when I tell you that John W. is an attorney, and that he states on his website that “his expertise includes taxation, bankruptcy, public finance, real estate and commercial litigation, including eminent domain and other land use matters.”?

Automatic Tax Court admittee, of course. But read Judge Wherry’s order and decision.

In the immortal words of Monty Python, “nudge nudge, wink wink, say no more say no more.”


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