Really, He Isn’t

On a day bereft of opinions or designated orders, I’m scraping the bottom of the cliché to find some blogfodder.

After museum-trudging around Munich, I’d like to open that half-litre of Löwenbräu Dunkel, sip it slowly and get some sleep. But stern attention to duty forbids, so here’s the aforesaid scraping.

A lawyer, whom I’ll designate as LD, is subbed in to James R. Koncilja & Monica Koncilja, et al., Docket No. 26204-11, filed 10/20/15. No biggie, right? We’ve all been subbed in, or subbed in others, and it’s usually handing over, or receiving, the file, and filing and serving the sub notice (in Tax Court the Form 8, but only one per customer; see my blogpost “Separate Checks,” 9/1/15). I’ll leave the fee issues to one side, lest the intro be longer than the subject.

So LD comes in, but the subbers-in only represented Jim and not Monica. And so does LD.

But Monica files an Amendment to Petition pro se, fully ratifying the petition.

LD makes some filings thereafter, but he says they’re for Jim only. However, the case is still captioned in both names.

LD never represented Monica, and never said he did. To the contrary, LD always said he was filing for Jim and no one else.

There are five (count ‘em, five) docket numbers related to this case, so LD files a motion to withdraw as Monica’s counsel in all of them.

But Monica’s name appears on 26204-11 only.

Judge Paris quickly sorts this out.

LD’s motion is stricken as to the four cases in which Monica isn’t a party; it’s irrelevant. His motion is moot in the case in which Monica is a party, for the obvious reason that one cannot withdraw as counsel if one never was counsel to begin with.

Judge Paris takes a leaf from Alex Pope, poet and didact, whose 1711 Essay on Criticism contains this sound advice: “Men must be taught as if you taught them not; And Things unknown propos’d as Things forgot.”

Of course this goes for women too, so she counsels Monica: “Petitioner Monica Koncilja is reminded that she has ratified the petition pro se and that the attorneys representing the other parties in these consolidated cases cannot respond to Orders of the Court on her behalf without entering an appearance on her behalf.” Order, at p. 3.

He’s not your lawyer, really he isn’t.