by James D. CrosbyI Miss Court.
We have adjusted to our locked-down litigator lives. Zoom depositions. Video and court call appearances. Working from home. Video mediations. Empty offices. Causal attire. Masks. Distance. Worries about getting others sick, about parents/loved ones, about getting sick. Cases move forward, discovery proceeds, motions are heard, depositions are taken, trials are set, cases are settled, new cases are filed. And the months pass. It has all kinda’ worked. It’s ok.
But, you know, …
I really miss being in a courtroom. The whole thing. Walking into the courthouse. Riding the elevator up packed with lawyers. Seeing and chatting up friends in the halls. Sitting with colleagues waiting through a long calendar for my matter to be called. Hearing other lawyers argue their cases. Interesting motions, stupid motions. Good arguments, stupid arguments. The judge-lawyer banter. Happy judges, terse judges, hard-to-read judges. Hearing my matter called. Appearing. Arguing. CMCs. TRCs. In-limines. Standing up to give opening. Cross-examining witnesses. Closing. Waiting on a jury. Taking a verdict. Winning. Losing. Those nobody-wins results. Even just walking back to the office along a crowded downtown sidewalk. All of it.
I miss court.
by James D. CrosbyThe Line.
Sometimes I think running your own practice is best described as, everyday, walking a line – the line between doing the work and getting the work. Spend too much time doing the work, you don’t have enough new work. Spend too much time getting the work, you struggle – working late or weekends – to do the work. The line, there to walk everyday. Some days I feel like a soldier, in shiny boots, rifle in hand, chin up, head erect, eyes forward, marching, in identically-calibrated steps, the line perfectly. Other days, I feel like a drunk, pulled over by a traffic cop, asked to walk the inebriation line, not even knowing where the line is. But, you plow ahead, everyday, you strive to do your best work every time, you get the work done and timely filed, you keep the clients happy, you hustle for new work, you pay the bills, you take some money home, you handle the ups and downs of private practice, you juggle work and home, and you move forward – everyday, happily walking the line, your line.
by James D. CrosbyWorking 4.0 – San Diego Courts Update
The Superior Court has fully closed now for all but emergency matters through April 3. All civil proceedings are continued and all court filings are suspended. For filing deadline purposes, all days during this suspension are considered holidays meaning, in effect, that all filing deadlines are continued for the duration of the court suspension and will reset where they were when the suspension is lifted. So, rights in ongoing cases will not be prejudiced by the court suspension.
The U.S. District Court in San Diego remains open but under very severe restrictions. All jury trials are continued to April 16 and no new trials are being set. Individual district judges retain discretion to hold hearings and conduct proceedings, by telephone or video conference where practicable, as necessary to preserve the rights of the parties. U.S. District Court electronic civil filings are still ongoing.
Accordingly, we will be making no new filings in Superior Court but will continue to meet all filing deadlines in all matters in U.S. District Court. Otherwise, cases and matters remain on file and active.
Regardless of these changes and any more to come, our practice is open and running, and will remain so in this unsettled time. Our opponents are surely working. So are we. We are here, we are available, we continue to fully represent our clients and protect their rights in all ongoing matters, and we are taking on new matters. If you have questions or concerns, don’t hesitate to call/email/text.
Be safe and stay healthy.
by James D. CrosbyWorking 3.0 – San Diego Court Update.
San Diego Court Update:
The Superior Court in San Diego has now closed except for emergency matters through April 3. All civil proceedings are continued. But, electronic civil filings are ongoing. We understand they will be held in queue and processed by the Court when operations resume.
The U.S. District Court remains open but under very severe restrictions. All jury trials are continued to April 16. No new trials are being set. Individual district judges retain discretion to conduct proceedings, by telephone or video conference where practicable, as necessary to preserve the rights of the parties. U.S. District Court electronic filings are ongoing.
Accordingly, we will continue to meet all filing deadlines in all matters in both the Superior Court and U.S. District Court. Our opponents are working, so are we. The battles continue, just from a distance for awhile.
Regardless of these changes and any more to come, our practice is open and running, and will remain so in this turbulent, unsettled time. We are here, we are available, we are working, we continue to fully represent our clients and their interests, and we are taking on new matters. If you have questions or concerns, don’t hesitate to call/email/text.
Be safe and stay healthy.
by James D. CrosbyWorking 2.0
The Superior Court in San Diego has now closed for all but emergency matters through April 3. All civil proceedings are continued. As of now, the U.S. District Court here in San Diego is still operating with visitor limitations. But, I suspect that will change in short order. We will continue to monitor for changes in court directives. Otherwise, our cases remain on file and active. Our opponents are working, and the battles continue, just from a distance for awhile.
Regardless of these changes and any more to come, our practice is open and running. My paralegal, Veronica, is working remotely but is fully set-up to continue her important work on behalf of our clients and to meet their continuing needs. I will be working at the office primarily but remotely at times. We are fully equipped for remote work as necessary and will be fully available as usual.
We have invested in the infrastructure to effectively work with our clients from afar and have been doing so efficiently for quite some time. We will continue to do so in this turbulent, unsettled time. We are here, we are available, we are working, our cases proceed, and we are taking on new matters. If you have questions or concerns, don’t hesitate to call/email/text.
Be safe and stay healthy.
by James D. CrosbyWorking.
The state court in San Diego has postponed jury trials through March. The federal court is operating normally, but some postponement of federal jury trials is presumably inevitable. Otherwise, the courts are open, and cases are proceeding. Likewise, my office is open. We are being careful, taking precautions, washing hands, wiping surfaces, shaking elbows, and working hard to maintain a safe work environment. And, as has been the case for many years now, we can and do largely work with our clients from afar and make all our court filings electronically. So, we are here, we continue to represent our clients, our cases are proceeding full speed, and we are taking on new matters. Be safe. Stay healthy.
by James D. CrosbyLosing your First Trial, Ouch! Good Bosses to the Rescue!
I was lucky to be able to try my first case very early in my career – in my 3rd year of practice, now almost 35 years ago! It was a business case, breach of contract, I think, a bench trial in North County Superior Court. Up against two older experienced attorneys.
I had worked hard, was ready to go, fully prepped, couldn’t lose! When I Ieft the office early that morning to go to court, two of my bosses, Dick Lynn and Jim Mehalick, both fine litigators, were in the small reception area of our small firm to see me off. Dick, with a big smile on his face, said – I will never forget this – “if you lose, don’t come back!” Jim smiled. Funny, I thought, kinda? They wished me good luck. Off I went.
I represented the plaintiff. Trial started, I gave opening, put up my witnesses, got my evidence in, closed my case, and LOST! Motions for judgment granted to both defendants.
Devastated. Obviously picked the wrong career. What will the client do – sue me? What will my bosses do? Maybe they weren’t kidding, will they let me back in? Jill and I have a baby on the way, just bought a house, how will I pay the bills? Back to marine biology? A young lawyer unrealistically projecting out years about how a career crunching loss would ruin his entire career and life! In retrospect, silly, but, hey, I LOST my first trial, a case I knew I couldn’t lose.
I went to work the next day to face my bosses. Needless to say, they let me back in the office! We went over the trial, the result, and our remedies. They were encouraging, supportive, thoughtful. They explained, as any trial lawyer would, you can’t win them all, you will lose cases you thought you would win and win some sure losers. Great support, perfect advice – just what I needed, righted my ship, reestablished my gravity. Taught me some lessons. Put me back to work. Ending of the story – we appealed, won, and settled the case.
Moral of the story – its good to have supportive bosses/colleagues/mentors and perseverance pays!
by James D. CrosbyMentors.
It’s interesting the specific memories that stick in your head and come back unexpectedly. Sitting in my office, on a Saturday, deadly-quiet, catching up from a busy week and getting ready for the next one, wishing I was outside. A very specific conversation from 35 years ago pops into my head. I was young lawyer, working hard, but still struggling to keep up with a heavy workload. Dick Lynn, a fine San Diego trial lawyer, then my boss, later my partner, and a real mentor to me (not sure he knows that, but true) saw I was struggling, and comes into my office. He didn’t give me some long speech, or criticize my efforts, or tell me I needed to work harder, or that I needed to be more efficient, …. He just said, “sometimes you just need to work a Saturday to keep up”. Good, simple, advice. That very small event and simple advice are stuck in my head, as clear as day, from 35 years ago. Amazing