I’m frustrated when I think I have a good blogpost, but I can only see one side of the story. Then I have to hedge, pussyfoot and weasel-word, which I would decry in someone else’s piece. Here I must so do, lest I be convicted of having laid blame unjustly.

So perhaps Kent Trembly, Docket No. 25068-17L, filed 5/4/20, may have been right to tell his erstwhile trusty attorney (whom I’ll again call Howie) that “his services are no longer needed or required.” Order, at p. 1.

All y’all will recollect that Judge Gale let Howie off a nonfiled response to an IRS motion for partial summary J, because Corona. And I had a lot to say about IRS’ new tactic of supplementing such motions a couple days (hi Judge Holmes) before the date certain when petitioner’s response to the unsupplemented version was due, and not giving the petitioner extra time to respond. See my blogpost “Time Sensitivity,” 4/13/20.

True, Howie was apparently late even pre-supplement, and didn’t immediately move for more time when he got the supplement. So Kent may have been right to walk to the mound, take the baseball, and send Howie to the showers (no baseball! How awful!).

But I don’t have Howie’s side of the story. His motion papers are unavailable on line, and The Glasshouse is under lockdown, so I couldn’t see them even if I went there. Besides, as that story may involve client confidences that Howie can’t reveal, I won’t bother asking him. If I got such a call, I’d have to respond with NY RPC 1.6. I’m sure NE has the same Rule.

Frustrating.