'Twas The Night Before Trial
December 01, 2008
'Twas the night before trial and all through the city
All the lawyers were working to craft something witty
The settlement failed, once again the same song
My case is much better, my opponent is wrong
Time to finish the briefs, time for one final edit
As they wonder if trials will earn CLE credit
The jury would be nestled all snug in their chairs
all races and genders and two with blue hairs
The complaint, the answer, the affirmative D's,
Were checked as were answers to Rogs/RFPs
Exhibits were marked and prepared for admission
And a stiff cross-exam geared for witness submission
At a firm on LaSalle very late in the night
Came a startling discovery, which caused quite a fright
For what to their wondering eyes did appear,
but a doc they had not produced timely last year
The partner then called to associates by name
To get to his office, now who was to blame?
They ran like a statute which couldn't be tolled
With nary a clue as to what would unfold
Approaching his office they heard quite a clatter
Thought his Starbucks had spilled, and the whip cream had splattered
From the doc in his hand, and the look on his face
They all knew what he held could well impact the case
They looked to the ground, knowing not what to say
When one zealous young lad said, "throw it away.
This case is too big, and nobody knows,
That this e-mail admission was never disclosed."
The partner escorted him into the hall,
Then down to the lobby, where they stopped by the wall
"That is my name that you see on the sign
I started this firm, with firm principles in mind
Each day I walk in, I give it my best
Try to treat others kindly, and manage the stress
The clients come first, I am thankful for each
Those taken for granted, can grow out of reach
On products, on contracts, IP or PI,
Regardless of practice, the canons apply
As to what you suggest, about throwing it away
Let me show you the rules, to see what they say
Rule 3 sub point 4 makes it clearly essential
To disclose any docs which have evidence potential
One point two (f), has words to the same
Do not fail to disclose or advance a false claim
The jeopardy doubles for the partner who knows
Of a rule being broken by a lawyer below
For the ethical rules which give practice protection
Extend onto those who provide legal direction
Rule 5 says each partner shall work with due care
To ensure rules are followed by all practicing there
And it's not an excuse under rule 5.2
For a lawyer to claim 'I was told what to do'
Ignore all these rules and there's one thing I promise
You'll get kicked in the head, by a justice named Thomas
On top of the ethical canons you break
Is a great reputation which is now placed at stake
For all of those years we spent building our name
Can be quickly forgotten with one act of shame
For this above all is advice that is sound
What you choose to give out, will come back around
But what of your case that you laid on the line?
You could be dismissed or get hit with a fine
So when the temptation to cheat is at hand
I appeal you re-think, reverse, and remand
Losing a case is not cause for a crisis
But to let a lie stand is bad stare decisis."
The passionate partner had said more than he planned
And asked the young lad, "Do you now understand?"
A "yes" he expected the lawyer to utter
But the words that came back caused the partner to shudder
"No doubt you're correct, sir, and I'll heed your advice"
But at this time of night, a simple 'no' would have sufficed
The partner responded, "enough of this banter
Tell your peers of this message and tell them instanter!"
Away down the hall he flew like a flash
'Twas duly admonished and kicked in the ash
The others were waiting, on the edge of their seat
"What did he say? You have to repeat."
"He said follow the rules, about 500 times
But worse than all that, he lectures in rhymes"
But as I stood there and listened, I knew he was right
There's more to the practice than winning a fight
The partner walked in without saying a word
awry smile on his face from what he just heard
Some become famous and that's how they're driven
But greatness is measured by what you have given
Now take this small lesson, hold onto it tight
From the dawn of your practice 'til you bid it good night.
