Have you ever wondered just how it is that attorney's fees soar to such heights? It's all based on billable hours. And wasted time is still time, and therefore, still billable.
And in Petrilli v Silberman, it looks like FCPS is going to have to pony up for a summer of squabbling between School Board attorney John McNeill of Landrum & Shouse and J Dale Golden for Plaintiff Peggy Petrilli.
On September 5th, McNeill and Golden were standing before Judge Ishmael who was hearing a motion meant to force Defendant's attorney John McNeill to behave himself.
Ishmael shook his head, deployed his best country drawl and said,
"Gee willikers, Fellas. You two guys are too good a guys; you two guys are too professional and experienced to be gettin' into this spittin' contest."
The attorney's spent the summer months squabbling...like young boys on the playground.
First they played a game of "Discovery Keep Away." One attorney would ask for information and the other would respond as close to not-at-all as possible, objecting to the other side's interrogatories all along the way.
Then they got into a prissy little shoving match over where depositions would take place.
June 24, Defense to plaintiff: "Stu Silberman is available to be deposed on July 31, 2008, beginning at 9:00 am at the offices of Landrum & Shouse."
June 26, Plaintiff to Defense: "We will be taking Stu Silberman's deposition on July 31, 2008 at 9:00 am here at Golden & Walters."
June 27, Defense to plaintiff: "You obviously did not read my letter closely. We will not be producing our clients at your offices. If you wish to depose Stu Silberman, Ms Coleman, Mr McLaughiln and Principal Gum, those depositions will be at our offices at Landrum & Shouse as I set forth in my letter."
This was followed by Motions to Compel, a Motion to Limit Duration of Deposition, and finally a Plaintiff's Motion for Order...stopping Any further harassment During Depositions.
This was apparently brought about by the lawyers' obstructionist tendencies toward the other side during depositions.
This is not the first time Golden and McNeil have squared off. Golden complained to the judge giving specific examples of McNeill's bad behavior -- from another case!? No kidding.
Golden asked a question and McNeill interrupted with his own questions of Golden. In one case, this was followed by 15 minutes of obstruction with McNeill directing his client not to answer questions, Golden's threats to go to the judge, McNeill's name-calling and a big waste of time and money.
McNeill: "...was that a question?
Golden: "If you're instructing the witness not to answer, then you've got to assert a privilege and I'll ask you to do that."
McNeill: The privilege is that you're being a knucklehead by not answering my question...."
Later... McNeill challenged Golden's manhood.
McNeill: "I figured you wouldn't do that. Not man enough to."
Golden: "Pardon me?"
McNeill: You heard me. Not man enough to answer a question, a simple question."
Depositions were fussed over, scheduled, rescheduled, and finally began - apparently, all at Golden's office. But the attorney troubles apparently continued.
It is unclear from court records who started what, but at some point Golden apparently asked McNeill to allow the depositions to continue uninterrupted, and threatened to go to the judge. McNeill defiantly invited him to do just that. Golden finally gave up trying to depose the witnesses.
McNeill then employed the, "You quit. We win." defense. On August 28 he wrote to Golden saying, "We take the position that you have waived your right to take depositions in the future..."
On September 2, Golden filed a Motion for Order, Pursuant to CR 30.04 and CR 37.01 (d), Stopping Any Further Harassment During Depositions and Motion for Costs.
Judge Ishmael cajoled and sweet-talked the attorneys going so far as to give them $5 dollars from his own wallet and insisted that they go across the street and get themselves a Sam's milkshake to get themselves back on track.
But behind his folksy humor was a more serious message. "I do expect that you all act professionally and civily to each other...You two have too much at stake personally and too much at stake professionally to get into this spittin' contest," he said.
Golden: I just want to take a deposition and that's it. But as a housekeeping matter, now I'm just assumning that we're going to continue on with the Carmen Coleman deposition...
(The formerly defiant, now totally contrite) McNeill: Yes!
Golden: ...Stu Silberman. Judge, you have my word. I'm gonna try to do everything I can to practice the case better.
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