Out of practice
Congratulations to Edwin B. Stegman for putting into print what so many of
us trial lawyers think of Fast-Track; status/case management conferences; expert
witness “abuse” and filing proof of service within 90 days on every
lawsuit. His article in the September issue speaks for many of us who have
seen judges become “paper-pushing” administrators rather than dispensers
of justice.
Lawsuits are filed for a number of reasons and many are not intended to, nor
do they, result in trial. So why put some defendants through the stressful
and embarrassing situation of being served within 60 days when most cases settle
without that embarrassment, which just adds to more lawyer bashing.
And the point about status/case management conferences: I am an adjunct professor
at a local law school where I teach pre-trial litigation skills. Each semester
I require all students to sit through a full morning status/case management
conference calendar and write a paper on “how much justice was dispensed.” You
should read some of the papers. “This is what I am going to law school
for? . . .”
And don’t get me started on expert witnesses. In a perfect world, qualified
experts who examine the same facts and evidence should come up with the same
conclusions. They don’t. That is why this “cottage industry” can
bankrupt many litigants on so many civil cases.
It is silliness like this that drove me out of the active practice of law
several years ago. Good for you, Mr. Stegman. Perhaps when your suggested changes
come to pass, I will re-enter the active practice again.
Mark E. Edwards
Tustin
Too good to be true
Edwin Stegman’s nine ideas for improving the California judicial system
are well-argued, pragmatic, motivated by a belief in substance over form and
non-partisan. Thus, the probability that they will ever get enacted is zero.
Drew M. Loewe
Fort Worth, Texas
Stegman for president
As a former trial lawyer who practiced for 40 years, I read with great interest
Edwin Stegman’s suggestions for improving the administration of justice.
His immensely wise, commonsense suggestions are such that I believe he should
run the California courts system, be in charge of the legislature and, if he
has time to spare, manage the federal government.
Bruce A. Bevan
Santa Barbara
A little courtroom levity
I was in a district criminal court in Houston the other day and witnessed
a rather humorous exchange. A three-time DWI was being sentenced to two months
in county jail. The defendant stood up and shouted, “Kiss my ass.” Without
missing a beat, the judge shouted back, “Motion denied,” and immediately
sentenced the defendant to an additional two months for blatant on-the-spot
contempt of court.
Who says judges don’t have a sense of humor?
Peter J. Riga
Houston
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